Republic of the Philippines
HOUSE OF REPRESENTATIVE!
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

3196

HOUSE BILL

Introduced by Representative Ivan Howard A. Guintu

EXPLANATORY NOTE

Section 4, Article XV of the 1987 Constitution provides that “[t}he family has the duty
to care for its elderly members but the State may also do so through just programs of social
security.” Among the persons mentioned in Article 195 of the Family Code who are obliged to
give support to each other are parents and their children, This means that the obligation to
support cuts both ways—parents must support their children, especially during the years of
their minority and dependency; on the other hand, children who are already capable must take
care of their elderly, disease or disability-stricken parents who are in need.

Unfortunately, abuse against an elderly, disabled, or otherwise incapacitated parent,
which includes physical, sexual, psychological, emotional and financial abuse, abandonment,
neglect, and serious loss of dignity and respect, has become an “invisible issue” in the
Philippines, according to the Commission on Human Rights. The sad stories of abused or
abandoned parents, who in their productive years had toiled with blood, sweat, and tears for
the upbringing and education of their children, are still rampant nowadays. Unreciprocated care
and sacrifice—this is the cruel irony of their situation. This cannot go along without relief and

recourse for these unfortunate parents.

If parents may be penalized for child abuse under our laws for the unreasonable
deprivation of basic needs for survival, such as food and shelter, and failure to provide
immediate medical treatment,! the same level of protection must be afforded to parents who
are rendered incapacitated due to old age, disease, or disability, yet their adult and capable
children fail to or neglect to provide support to them.

This bill reinforces the duty of children to take care of their elderly, sickly, or otherwise,
incapacitated parents, by providing criminal action for the enforcement of their rights for

' Republic Act No. 7610. “Special Protection of Children Against Abuse, Exploitation and Discrimination Act™


maintenance and support. Criminalizing the act of deprivation of support of incapacitated
parents underscores its equal importance with that of economic abuse under Republic Act No.
9262 or the Anti-Violence against Women and their Children Act and child abuse under
Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act. This move to the criminalization of acts of non-support has been the trend
for several jurisdictions such as in eight U.S. States which impose a criminal penalty upon a
person who fails to support an indigent parent (Kentucky, Maryland, Massachusetts, Ohio,
Rhode Island, Vermont, and Virginia)? four U.S. states that provide for both civil and criminal
causes of action (California, Connecticut, Indiana, and Montana),* and in Bangladesh, with its
Parents Maintenance Act of 2013 specifying that “noncompliance would lead to fines and, if
the fines go unpaid, a period of incarceration.”*

In view of the foregoing, the passage of this bill is earnestly sought.

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

NINETEENTH CONGRESS
First Regular Session

3196

HOUSE BILL NO.

Introduced by Representative Ivan Howard A. Guintu

AN ACT
DEFINING THE CRIME OF DEPRIVATION OF SUPPORT TO PARENTS AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title. ~ This Act shall be known as the “Criminalizing Deprivation
of Support to Parents Ac

SEC. 2. Declaration of Policy. ~ It is the declared policy of the State to be cognizant
of the dire conditions of parents who are in need of assistance and support from their children,
legitimate or illegitimate, who are capable of rendering such assistance and support. Hence, the
State must take positive steps to care for their needs by penalizing any act of deprivation of
support committed against the elderly members of the family.

SEC, 3. Maintenance of Support to Parents. ~ Children shall, within their means and
ity, maintain support for their father or mother who, by r

capa
years of age or suffering from a disease or disability, are rendered incapable of supporting
themselves.

Where an elderly parent appears to be in need, he/she may, by himself/herself or
through a representative of the Department of Social Welfare and Development, shall initiate
the filing of a criminal action against his/her children for deprivation of support.

For purposes of this section, “support” refers to everything indispensable for
sustenance, dwvelling, clothing, and medical attendance.



SEC. 4. Deprivation of Support to Parents. ~ Any person who, despite being
capacitated shall willfully neglect to maintain support to his or her parent as defined under
Section 3 of this Act, shall be liable for deprivation of support to parent and shall be punishable
by imprisonment of arresto menor as the minimum and of arresto mayor as the maximum, or a
fine of not less than two hundred thousand pesos (Php 200,000.00) but not more than five
hundred thousand pesos (Php 500,000.00), at the discretion of the court.

SEC. 5. Separability Clause. — If, for any reason, any section, subsection, clause or
term of this Act is held invalid or unconstitutional, such parts not affected by stich declaration
shall remain in full force and effect

SEC. 6. Repealing Clause, ~ All existing laws, orders, decrees, rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby amended, modified or
repealed accordingly.

SEC. 7. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation

Approved.