HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

3156
HOUSE BILL NO.

Introduced by REP. ROMAN T. ROMULO
Lone District, Pasig City

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

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 by that
offspring, in case they stand in need of assistance.'

Filial responsibility statutes or the rules mandating children to provide
support to their parents existed for over thousands of years. As early as the
third century A.D. in Roman society, there were statutory mutual obligations of
support and maintenance between children and parents. Ethics also dictated
support of relatives in medieval Europe. 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 the duty of parental support on children
was incorporated in the Code Napoleon, the civil code enacted in the 1800s,
which became the main influence of 1 9th-century civil codes of most countries
of continental Europe and Latin America. In 1601, a relative responsibility
statute enacted by English Parliament in 1597, which applied only to parents
and children, was extended to additional collateral relatives. 7

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,

1 Wm. Blackstone, Commentaries on the Laws of England p. 442 (1765)
2 A comparative analysis of Filial Responsibility: taly and United States by Anna Maria De Giacomo


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
implementation. There are those who 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,
it is not surprising that we have the usual inclination to care for our elderly.
However, even with this close family ties, there are cases of elderly, sick, and
incapacitated parents who were abandoned by their own children. Nowadays,
the sights of abandoned elderly in our streets become typical. Children fail to
provide the necessary support to their aging, sick and 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:

Article 195. Subject to the provisions of the succeeding articles, the

following are obliged to support each other 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 of 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 it is 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 to make it 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 necessary support. 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

Ree

ROMAN T. ROMULO


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HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

3156
HOUSE BILLNO.

Introduced by REP. ROMAN T. ROMULO
Lone District, Pasig City

AN ACT
PROVIDING FOR PARENT SUPPORT, 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 “Parents
Welfare Act of 2019”.

SECTION 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.

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


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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 due to a
physical or mental disability or condition;

b) “parent in need of support” refers to the father or mother or 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;

SECTION 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 who is incapacitated or otherwise incapable of supporting
himself/herself shall be given support by his/her children.

If the parent concerned 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 if they are unable to fully take care of themselves due to physical or
mental disability or condition.

SECTION 5. Demand for Support. - No demand for support is

necessary before the obligation to support accrues. However, prior request for


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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.

SECTION 6. Payment of Support, — In instances where the parent in
need of support is not being maintained by his/her children 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.

SECTION 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 be availed of in case there is a moral or legal obstacle
thereto.

SECTION 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/s of the children required to give

support, the amount necessary for the support of their parent, and the share of
each of the children.


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It shall be immediately executory and no temporary restraining order or
injunction shall be issued by any court, except the Supreme Court, 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
means of the children obliged to furnish support.

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,

SECTION 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.


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SECTION 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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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,

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

e) the approximate amount and care needed by the parent in need of

support.

SECTION 11. Who may file Petition for Support. ~The Petition for

Support may be filed by any of the following:

a) the parent in need of support;

b) children of the parent in need of support against those who do not
provide or contribute for the support of the former,

c) ascendants, descendants or collateral relatives within the fourth civil

degree of consanguinity or affinity;


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

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

f) any person or institution who has the care of the parent in need of
support,

g) At least two (2) concerned responsible citizens of the city or

municipality where the parent in need of support resides.

SECTION 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

SECTION 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 person/s or institution/s for and in behalf of
the parent.

SECTION 14, Payment of Court Fees. — The Petition for Support filed
by the parent in 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.

SECTION 15. Circumstances to be 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;

d) the income, earning capacity, property and other financial 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.

SECTION 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.

SECTION 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


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children or where other children is joined as a respondent, or for other good

cause shown to the satisfaction of the court.

SECTION 18. Conciliation and Mediation. — \n order to preserve the
family unity and peace, the court, before hearing the petition, shall refer the

parties to a conciliation officer for mediation

SECTION 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, for every breach of order,
issue a warrant for levying the amount due 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 (PhP 100,000.00) at the discretion of
the court.

SECTION 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 (P 300, 000.00).

SECTION 21. Establishment of Old Age Home. — \t is 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.

SECTION 22. Separability Clause. — \f any provision of this Act is
declared unconstitutional, the same shall not affect the validity and effectivity

of the other provisions thereof.


SECTION 23. Repealing Clause. — All laws, decrees, orders and
issuances or portion thereof, which are inconsistent with the provisions of this
Act, are hereby repealed or modified accordingly.

SECTION 24. Effectivity. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general
circulation

Approved,