RECEIVED

Republic of the Philippines 0

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

1057

House Bill No.

Introduced by Honorable Dahlia A. Loyola

EXPLANATORY NOTE

“... they who protected the weakness of our infancy, are entitled to our
protection in the infirmity of their age; they who by sustenance and education have
enabled their offspring to prosper, ought in return to be supported bythat offspring,
incase they stand in need of assistance." *

The rules requiring children to support their parents have existed for thousands
of years. In the third A.D., there were statutory mutual obligations of support and
maintenance between children and parents in Roman society. In medieval Europe,
ethics dictated support of relatives. This ethical standard developed by custom and
usage into support laws from parent to child and, ultimately, from child to parent. Later,
a law imposing a duty of parental support on children was incorporated in the Code
Napoleon. |n 1601, a relative responsibility statute enacted by English Parliament in
1597, which applied only to parents and children, was exterded to additional collateral
relatives. *

In the United States, 30 states have filial responsibility laws: Alaska, Arkansas,
California, Connecticut, Delaware, Georgia, Idaho, lowa, Indiana, Kentucky,
Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire,
New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode
Island, South Dakota, Tennessee, Utah, Vermont, Virginia and West Virginia.

States with filial responsibility statutes take a variety of approaches to
enforcement: some allow some sort of civil court action to obtain financial support (or
cost recovery), others specify a criminal penalty for filial non-support, while some
states allow both civil and criminal actions.

We Filipinos are well-known for our close family ties. Because of this close
family ties, we have the usual inclination to care for our elderly. However, even with
this close family ties, there are elderly, sick and incapacitated parents who were
abandoned by their children. The sights of abandoned elderly in our streets are now
common. Children fail to provide the necessary support to their aging, sick and

1 Wm. Balckstone, Commentaries on Laws of England p. 442 (1765)
2 A Comparative Analysis of Filial Responsibility: Italy and united States by Anna Marie de Giacamo

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incapacitated parents. This happens despite our moral and natural obligation to
maintain our parents who are in need of support. On the same vein, our Family Code
imposes on us the legal obligation to support our elderly. Article 195 of our Family
Code provides:

Art. 195. Subject to the provisions of the succeeding articles,
ic to the whole extent set forth in the
preceding article:

(1) The Spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether full or half-blood.

However, despite said provision of the Family Code, many elderly who no
longer have any means of supporting themselves are being neglected and abandoned
by their children. While government is doing its best in providing support in the form
of food and shelter as well as enacting legislations like the Senior Citizens Act, it
cannot be over-emphasized that taking care of the elderly members of the society is
not only the function of government but rather a shared responsibility of government
and the children of said elderly. The care for the aged is neither an exclusively private
matter to be left to the family nor an exclusively public concern best left to the
government.

This proposed bill therefore seeks to further strengthen filial responsibility and
make sit a criminal offense in case of flagrant violation thereof. Abandonment of a
parent in need of support shall likewise constitute a criminal act. A parent who is in
need of support may file a petition for support before the court and pray for the
issuance of a support order against those children who failed or refused to provide the
‘same. The legal representation of the parent in need of support will be provided by
the Public Attorney's Office and no court fees will be assessed. This bill also seeks
to establish Old Age Home for the elderly, sick or otherwise incapacitated parents in
every province and highly urbanized cities.

In light of the foregoing, the passage of this bill is earnestly requested.
DR. DAHLIAA. LOYOLA

Representatte
Fifth District, Cavite


Car nunrwne

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

House Bill No. 1057

Introduced by Honorable Dahlia A. Loyola

AN ACT PROVIDING FOR PARENT SUPPORT,
AND FOR OTHER PURPOSES,

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. SHORT TITLE.— This Act shall be known as the
“Parents Welfare Act of 2019”.

SEC. 2. DECLARATION OF PRINCIPLE. - Pursuant to
Article XV, Section 4 of the Constitution, it is the duty of the family to
take care of its elderly members while the State may design programs of
social security for them. Therefore, the State, together with the children
of parents in need of support, must promote the welfare of parents who
are aged, sick, incapacitated and not capable of supporting themselves.

SEC. 3. In this Act, unless the context otherwise requires, the
following definition of terms shall be adopted:

a) “children” includes son, daughter grandson,
granddaughter, whether biological or adoptive, but does not
include a minor or those over the age of majority but are unable to
fully take care of themselves because of a physical or mental

disability or condition


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b) “parent in need of support” refers to the father or mother
other direct ascendants who is a senior citizen, aged, sickly, or
who regardless of age is permanently incapacitated or otherwise
not capable of supporting themselves;

c) “support” includes provisions indispensable for sustenance
clothing, residence, medical attendance and treatment, recreation
and other amenities necessary for the parent in need of support
to lead a normal life and in keeping with the financial capacity of
the family.

SEC. 4. SUPPORT.- _A parent in need of support who is
unable to maintain himself/herself from his/her own earning or out of the
property owned by him/her or whois incapacitated or otherwise
incapable of supporting himself/herself shall be given support by his/her
children.

If the parent concemed has several children, the support to be
given shall be divided among them in proportion to their resources or
financial capacity and in such manner as may be just and equitable.

Grandchildren shall only be liable to support their ascendants if
the children of such ascendants cannot fulfill their duty to support due to
death, illness or they are unable to fully take care of themselves

because of a physical or mental disability or condition.

SEC. 5. DEMAND FOR SUPPORT. - No demand for
support is necessary before the obligation to support accrues. However,

prior request for support which was denied or unacted within an
unreasonable period of time is a requirement for the filing of a Petition
for Support before a court of competent jurisdiction.


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SEC. 6. PAYMENT OF SUPPORT. - In instanceswhere the
parent in need of support is not being maintained by his/herchildren in
their dwelling, or only one of the children of the parent concerned
is taking care of him/her in his/her dwelling, the share for the support of
such parent by children who has no custody shall be paid within the
first five (5) days of every month.

The court, in its discretion, may order for the payment of a lump
sum, or a monthly allowance or periodical payment for such a period as
the court may determine taking into consideration the circumstances of
the parties. The manner and method of payment of support shall also
be under the discretion of the court.

SEC. 7. OPTION IN THE FULFILLMENT OF THE
OBLIGATION TO SUPPORT. - The children of the parent in need of
support shall have the option to fulfill the obligation either by paying the
support fixed by the Support Order, or by receiving and maintaining in
the family dwelling the parent concerned. The latter alternative cannot
availed of in case there is moral or legal obstacle thereto.

SEC. 8. SUPPORT ORDER. - A support order is an order
issued under this Act for the purpose of compelling the children to
provide the necessary support to their parent,. The order shall include
the name of the children required to give support, the amount necessary
for the support of their parent and the share of each children

It shall be immediately executory and no temporary restraining
order or injunction shall be issued by any court, except the Court of
Appeals to stay the said order.

The order may be modified from time to time, upon motion of the
applicant, according to the necessities of the recipient and the resources
‘or mans of the children obliged to furnish support.


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In case of urgent need and by special circumstances, the court
may order only one of the children to furnish the support provisionally,
without prejudice to his/her right to claim from the other children the
share due from them

SEC. 9. PETITION FOR SUPPORT. - A Petition for
Support may be filed in the Regional Trial Court with territorial
jurisdiction over the place of residence of the petitioner: Provided,
however, that if a family court exists in the place of residence of the
petitioner, the application shall be filed with that court.

The petition may be filed against one or more persons who have
the obligation to support the parent concerned. Children against whom
a petition for support has been filed may implead other children who are
similarly liable to give said support.

The death of one of the children of the parent in need of support
will not affect the liability of others.

The petition shall be resolved within ninety (90) days from the
date of the service of summons to the respondents. The period may be
extended once for a maximum period of thirty (30) days in exceptional
circumstance and the reason/s to be stated in the Order or decision.

SEC. 10. CONTENTS OF THE PETITION. - The petition
must state the following:

(a) the identity of the parent in need of support, — his/her
residence and age;

(b) the facts showing that the parent in need of support is a
senior citizen, aged, sickly, or who regardless of age is
permanently incapacitated or otherwise not capable of
supporting himself/herself;


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(c)

(d)

(e)

that the parent in need of support is unable to maintain
himself/herself from his/her own earning or out of the
property owned by him/her or that he/she is permanently
incapacitated or otherwise incapable of supporting himself
herself;

the names of the children, their degree of relationship with
the parent in need of support and their current status; and

the approximate amount and care needed by the parent in
need of support.

SEC. 11. WHO MAY FILE PETITION FOR SUPPORT. - The
Petition for Support may be filed by any of the following:

(a)

(b)

(c)

(d)

(e)

the parent in need of support;

children of the parent in need of support against those who

do not provide or contribute for the support of the former;

ascendants, descendants or collateral relatives _ within
the fourth civil degree of consanguinity or affinity;

officers or social workers of the Department of Social
Welfare and Development (DSWD) or social workers of
local government units (LGUs);

lawyer or healthcare provider of the parent in need of
support;

any person or institution who has the care of the parent in

need of support;


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(g) Atleast two (2) concerned responsible citizens of the city
or municipality where the parent in need of support resides

SEC. 12. SUPPORT PENDENTE LITE. - The court,
during the pendency of the proceeding, shall, in accordance with the
provisions of the Rules of Court, order such children to provide interim
support to their parent.

SEC. 13. RIGHT TO LEGAL REPRESENTATION. - The parent
in need of support shall be represented by the Public Attorney's Office
notwithstanding that the petition was filed by other persons or
institutions for and in behalf of such parent.

SEC. 14. PAYMENT OF COURT FEES. - The
Petition for Support filed by the parent need of support shall be exempt
from all court charges and fees whether they filed the petition for
support personally or the same was filed in their behalf.

SEC. 15. CIRCUMSTANCES TOBE CONSIDERED IN
THE ISSUANCE OF SUPPORT ORDER. - The court, in granting the
Petition for Support, shall consider, but shall not be limited to, the
following circumstances:

(a) __ the financial needs of the parent in need of support, taking
into account reasonable expenses for housing and
medical costs;

(b) the income, earning capacity, property and other financial
resources of the parent concerned and the manner in
which such parent has spent his/her savings or dissipated

his/her financial resources;

(c) _ the physical or mental disability of the parent concerned;
(4) _ the income, earning capacity, property and other financial
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resources of the respondent/s;

(e) _ the expenses incurred by the respondent in supporting his/
her own requirements, his/her spouse and that of _ his/her

children; and

(f) the contributions and provisions, whether financial or
otherwise, which the respondent has made for the
maintenance of his/her parent.

SEC. 16. GROUND FOR NON-ISSUANCE OF SUPPORT
ORDER. - If the court determines after due notice and hearing that the
parent in need of support abandoned, abused or neglected, the
respondent, it may dismiss the petition or may reduce the quantum
of support ordered by such amount as may be just.

The burden of proving abandonment, abuse or neglect shall be
on the respondent alleging it.

SEC.17. POWER OF THE COURT TO VARY OR RESCIND
SUPPORT ORDER. - The court may vary or rescind any subsisting
Support Order based on any misrepresentation or mistake of fact,
or where there has been any material change in the circumstances
of the parent in need of support or any of his/her children or where other
children are joined as respondent, or for other good cause shown to the
satisfaction of the court.

SEC. 18. CONCILIATION AND MEDIATION. - In order to
preserve the family unity and peace, the court, before hearing the
petition, shall refer the parties to a conciliation officer for mediation.

SEC. 19. EFFECT OF FAILURE TO GIVE SUPPORT. - Where

a Support Order has been issued by the court and the children so
ordered fail to comply, without sufficient cause or reason, the court may,
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for every breach of order issue a warrant for levying the amount sue in
the manner provided for levying of fines. Provided, That, if the
respondent continues to fail in giving said support for three (3)
consecutive months without justifiable cause, the respondent shall
suffer the penalty of imprisonment of one month to six months or a fine
of One Hundred Thousand Pesos (P 100,000.00) at the discretion of the
court.

SEC. 20. ABANDONMENT OF A PARENT IN NEED OF
SUPPORT. - Whoever, having the care or protection of a parent in
need of support, leaves such parent in any place with the intention of
wholly abandoning the latter shall be punished with imprisonment of
six (6) years to ten (10) years and a fine of not less than Three Hundred
Thousand Pesos (P300,000.00)

SEC. 21. ESTABLISHMENT OF OLD AGE HOME. - tis
hereby mandated that all provincial government and_ highly urbanized
cities shall establish and maintain at least one (1) Old Age Home that

can accommodate at least fifty (50) parents.

SEC. 22. SEPARABILITY CLAUSE. - __ If any provision of
this Act is declared unconstitutional, the same shall not affect the validity
and effectivity of the other provisions thereof.

SEC. 23. REPEALING CLAUSE. - Alllaws, decrees,
orders and issuances or portion thereof which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly

SEC. 24. EFFECTIVITY. - This Act shall take effect
fifteen days after its publication in at least two (2) national newspapers

of general circulation.

Approved,