TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 23
25 JUL-2 P4 54
Introduced by Senator PIA S. CAYETANO
AN ACT
PROVIDING FOR SPOUSAL AND CHILD SUPPORT AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Article 15, Section 3 (2) of the Constitution mandates the State to uphold the 
right of every child to receive appropriate care, nutrition, and special protection from 
neglect, abuse, exploitation, and other circumstances that hinder their growth and 
development.
Consistent with this. Article 70 of the Family Code affirms that both spouses 
share equal responsibility in supporting their family, which comprises everything 
indispensable for sustenance, dwelling, clothing, medical attendance, education, and 
transportation, in keeping with the financial capacity of the family. Moreover, Article 
194 of the Family Code further states that the education of the person entitled to be 
supported shall include his/her schooling or training for some profession, trade, or 
vocation, even beyond the age of majority, and that transportation shall include 
expenses for going to and from school, or to and from a place of work.
In February 2022, the Philippines signed the Child Support Convention1, which 
makes it both our national and international commitment to provide an accessible and 
effective mechanism for securing child and spousal support. This includes facilitating 
the applications of individuals seeking child support, including spousal support from
1Philippine Department of Foreign Affairs. (2022, February 18). PH signs Child Support Convention.
https://dfa.gov.ph/dfa-news/news-from-our-foreign-service-postsupdate/30148-ph-signs-child-support-
convention


foreign parents or spouses, and efficiently recognizing and enforcing support decisions 
even if rendered by foreign courts.
Family is at the heart of Filipino culture, and parental responsibility for children 
is a deeply rooted value. Parents are primarily responsible for the support of their 
children. Despite being a constitutionally protected right, there are cases when parents 
neglect or willfully refuse to comply with their responsibilities of providing for the 
needs of their family. Moreover, persons seeking to receive financial support need to 
file a case before a court, which is a lengthy and tedious process, and typically takes 
years to resolve.
This bill was originally drafted by the undersigned, which was inspired by a bill 
filed by the late Senator Miriam Defensor-Santiago in the 13th Congress, and was 
refiled by this representation in the 19th Congress. While this is the first 
comprehensive bill that seeks to address the gaps involving the claims for spousal 
and/or child support in the country, inputs from experts, including Family Law 
practitioners, will further enhance the mechanisms and policies provided under this 
bill. It seeks to simplify the process for claiming spousal and/or child support by 
making it administrative in nature. This measure empowers the Department of Social 
Welfare and Development (DSWD) to determine and enforce spousal and child support 
through Family Arbitrators, based on financial capacity and family needs, without court 
intervention.
This bill shall also clarify that the support arising from spousal and familial ties 
under the Family Code shall be demandable even beyond the age of majority of the 
children, taking into consideration the needs of the family and the financial capacity 
of the person legally obligated to provide the same. The bill also establishes other 
efficient legal mechanisms in order to ensure compliance of spouses' or parents' legal 
obligation to give support to their family, such that even if they refuse, or in their 
absence or physical inability to provide the same, there shall be available modes of 
claiming spousal and/or child support.
In this regard, the DSWD, in coordination with other government agencies, 
such as the Department of Labor and Employment, Department of Migrant Workers,
2


Department of Foreign Affairs, as well as local government units and barangays, shall 
be involved in ensuring and protecting the right of spouses and/or children for financial 
support. The proposed measure also refers to relevant laws, including Republic Act 
No. 9262, or the Anti-Violence Against Women and Their Children Act of2004 for the 
imposition of penalties on those who fail to pay, willfully evade, and withdraw or 
threaten to withdraw any spousal and/or child support obligation.
In view of the foregoing, the immediate passage of the bill is earnestly sought.
PIA S. CAY^ANO


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 23
25 JUL-2 P4 :54
Introduced by Senator PIA S. CAYETANO
AN ACT
PROVIDING FOR SPOUSAL AND CHILD SUPPORT AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "Spousal and Child
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Support Act."
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Sec. 2. Declaration of Policy. - Pursuant to Article 15, Section 1 of the 1987
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Constitution, it is the declared policy of the State to promote the family as the
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foundation of the nation, strengthen its solidarity, and ensure its total development.
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Article 15, Section 3 (2) of the 1987 Constitution further mandates the State to defend
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the right of children to assistance, including proper care and nutrition, and special
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protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
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prejudicial to their development. Article 70 of the Family Code provides that the
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spouses are jointly responsible for the support of the family, which comprises
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everything indispensable for sustenance, dwelling, clothing, medical attendance,
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education, and transportation, in keeping with the financial capacity of the family.
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Towards this end, the State shall institutionalize mechanisms and provide necessary
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assistance to protect and enforce the rights of spouses and children to receive, among
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others, financial support.


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Sec. 3. Coverage. -This Act is limited to the legal obligation to provide financial 
support for spouses and/or children and does not include the provision involving 
financial support for other entitled persons as provided in the Family Code.
Sec. 4. Spouse and/or Child's Right to Support. -In accordance with the Family 
Code, spouses and children shall continuously receive support, which is indispensable 
for their sustenance, dwelling, clothing, medical attendance, education and 
transportation, in keeping with the financial capacity of the family. The education of 
the person entitled to be supported shall include his or her schooling or training for 
profession, trade or vocation. Transportation shall include expenses in going to and 
from school, or to and from place of work: Provided, That child support shall be given 
even beyond the age of majority, depending on the needs of the child and in keeping 
with the financial capacity of the person legally obligated to provide the same: 
Provided Further, That in all cases, the best interest of the child shall be considered 
when agreeing on or determining the terms of the support, which includes the amount 
that should be provided.
Sec. 5. Voluntary Spousal and/or Child Support. - Notwithstanding the 
provisions of the Family Code, the following persons may enter into a written 
agreement setting forth the specific terms for spousal and/or child support, in 
accordance with Section 4 of this Act and other relevant laws, including the Family 
Code:
a) The spouses;
b) The parents of the child; or
c) A parent, or the parents of the child and the guardian of the child: Provided, 
That for purposes of this Act, "guardian" shall refer to persons exercising 
substitute parental authority over the child as provided under Article 216 of the 
Family Code.
Sec. 6. Involuntary Spousal and/or Child Support. - In case there is a denial, 
refusal, or failure to provide support by the person legally obligated to provide the 
same, the spouse and/or child may file a petition for financial support with the 
Department of Social Welfare and Development (DSWD), through the Family 
Arbitrator. The spouse and/or child may file a petition before a Family Arbitrator in 
any of its designated offices nearest the said person's residence, which shall have the


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power to act on such petitions, in accordance with the provisions of this Act. The best 
interest of the child shall be the paramount consideration of the Family Arbitrator when 
deciding on petitions for involuntary spousal and/or child support.
Nothing in this Act shall prevent or limit the neglected spouse and/or child from 
applying for any injunctive relief or protection, including, but not limited to Barangay 
Protection Orders (BPOs), Temporary Protection Orders, and Permanent Protection 
Orders, or pursuing or filing any criminal case involving the violation of relevant laws, 
such as the Revised Penal Code and Republic Act No. 9262, otherwise known as the 
Anti- Violence Against Women and Their Children Act of2004.
Sec. 7. Family Arbitrator. - A Family Arbitrator shall be a member of the 
Philippine Bar and must have been engaged in the practice of law in the Philippines 
with at least five (5) years of relevant experience. He/she must be of good moral 
character with proven competence and integrity and has not been charged or 
convicted of a crime involving moral turpitude. He/she shall act as the presiding officer, 
assisted by a DSWD social worker, over cases involving spousal and/or child support.
Sec. 8. Powers and Functions of a Family Arbitrator. -The family arbitrators 
shall have the following functions:
a) Act on the petition for spousal and/or child support, on a case-to-case basis 
in accordance with due process of law.
b) Conduct hearings for the purpose of clarifying points of law or facts involved 
in the case.
c) Determine the amount for spousal and/or child support based on the 
financial capacity of the person legally obligated to provide support and the 
needs of the spouse and/or child, which shall be immediately executory.
d) Assist the concerned parties, who are willing to enter into an agreement, in 
the execution of a written agreement for spousal and/or child support;
e) Prepare a written summary of the proceedings, including the substance of 
the evidence presented, in consultation with the parties. The written 
summary shall be signed by the parties and shall form part of the records.
f) Render an award or decision within thirty (30) calendar days, without 
extension, after the submission of the case for decision: Provided, That the 
decisions and orders shall be clear and concise and shall include a brief


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Statement of the (i) facts of the case; (ii) issues involved; (iii) applicable 
laws or rules; (iv) conclusions and the reasons thereof; and (v) specific 
remedy or relief granted. In cases involving monetary awards on spousal 
and/or child support, specifically include the amount awarded.
g) Re-evaluate the awards according to the necessities of the recipient and the 
resources or means of the person obliged to furnish the same.
h) Exercise such other powers and functions as may be necessary or incidental 
to attain the objectives of this Act.
Sec. 9. Jurisdiction over Spousal and/or Child Support. -The Family Arbitrator 
shall have original and exclusive jurisdiction to hear and decide over all cases involving 
claims for spousal and/or child support, whether voluntary or involuntary. For 
voluntary spousal and/or child support, any agreement executed between the parties 
shall be binding between them without the need for DSWD's intervention: Provided, 
That the parties may seek assistance from the Family Arbitrator in cases involving 
conflicts or issues arising from the execution or implementation of a voluntary spousal 
and/or child support agreement.
The proceedings before the Family Arbitrator shall be summary and non- 
litigious in nature. Subject to the requirements of due process, the technicalities of 
law and procedure, and the rules in the courts of law shall not strictly apply thereto. 
The Family Arbitrator may avail of all reasonable means to speedily ascertain the facts 
of the controversy, including examination of persons.
Sec. 10. Appeal of Family Arbitrator's Awards or Decisions. -Decisions, awards, 
or orders of the Family Arbitrator may be appealed to the DSWD Secretary by any or 
both parties within fifteen (15) days from receipt thereof. The DSWD Secretary shall 
render a decision within thirty (30) days from receipt of the appeal. The judgment of 
the Family Arbitrator is immediately executory, notwithstanding the appeal filed before 
the DSWD Secretary.
Sec. 11. Judicial Recourse and Execution. -Decisions, awards, or orders of the 
DSWD Secretary may be appealed to the Court of Appeals by any or both parties 
within fifteen (15) days from receipt thereof. The judgment of the DSWD Secretary is 
immediately executory. An appeal from the judgment shall not stay the execution 
thereof. Any petition for certiorari, prohibition or mandamus filed based on the Rules


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of Court shall not cause the suspension of the administrative proceedings or execution
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of decisions, awards, or orders of the DSWD unless a restraining order is issued by a
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competent court.
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Sec. 12. Programs and Mechanisms on Spousal and/or Child Support. - To
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ensure that a spouse and/or child shall continue to receive financial support, even in
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the absence or physical inability of the person legally obligated to provide the same,
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the DSWD, in coordination with other government agencies, shall establish modes or
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mechanisms of claiming, resolving or addressing cases involving spousal and/or child
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support.
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a) The Department of Labor and Employment (DOLE) and the Department of
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Migrant Workers (DMW) shall coordinate with local and foreign employers
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in establishing a system of claiming spousal and/or child support through,
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but not limited to, the following:
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(i) Automatic Salary Deduction. -
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1) When the DSWD has determined an amount for support, it shall order
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the employer to deduct from the salary of the employee and directly
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deposit the same to the spouse, child, and/or legal guardian of the child:
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Provided, That due process of law was observed pursuant to the
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provisions of this Act.
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2) When a spouse, parent, or a child's legal guardian, whichever is
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applicable, has agreed upon, an amount for support, the person legally
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obligated to provide the same shall, through a written document,
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authorize their employer to deduct from their salary a percentage for
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spousal and/or child support: Provided, That the amount thereby
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deducted shall be directly given by the employer to the spouse, child
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and/or legal guardian of the child.
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(ii) Automatic Money Remittance. - For Overseas Filipino Workers (OFWs),
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the spouse, parent, or child's legal guardian, whichever is applicable, shall
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be provided a copy of the expected salary of a person obliged to give
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support in order to come up with an amicable amount or percentage of
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salary that shall be automatically remitted to the spouse, parent, or the
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child's legal guardian upon a written document signed by the employee.


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b) The Department of Foreign Affairs (DFA) shall review existing conventions 
and treaties with other countries in relation to spousal and/or child support, 
and provide concerned government agencies with instructions on obligating 
neglectful spouses or parents abroad to provide for their spouses or children 
left in the Philippines: Provided, that the DFA, through Philippine embassies 
abroad, and in coordination with the DMW, shall inform spouses, parents, 
or legal guardians of their neglected duties to their families left in the 
Philippines, and apprise them of the imposable penalties of the country 
where they are staying, if any, in light of any convention or treaty that such 
country and the Philippines are both signatories.
c) The Lupong Tagapamayapa shall act as a mediator and, as far as 
practicable, assist in a possible amicable settlement between the parties, in 
cases involving spousal and/or child support filed at the barangay level, in 
coordination with a duly recognized social worker assigned in the local 
government unit (LGU) where the barangay is located. The Barangay 
Council for the Protection of Children (BCPC) shall provide counseling and 
guidance to parents and children involved in support cases, and assistance 
to parents, who lack the resources for providing support, in finding 
employment or livelihood training available in the barangay or LGU.
d) The DSWD, together with LGU social workers, shall closely work with 
barangay officials, by conducting training and seminars and providing 
modules on how to address, assist, and mediate parties in spousal and/or 
child support cases, especially on proper counseling of children.
e) The Public Attorney's Office (PAO) shall provide training and seminars 
regarding the mediation of spousal and/or child support cases to the 
members of the Lupon Tagapamayapa, the BCPC, and social workers in the 
LGUs. The PAO shall send a representative to a barangay at least once every 
three (3) months to ensure effective mediation processes are being 
followed.
Sec. 13. Assistance to Negiected Families. - The Professional Regulatory 
Commission (PRC) and Civil Service Commission (CSC) shall utilize their database to 
locate and compel neglectful spouses, parents, or legal guardians to fulfill their


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financial duty to their family: Provided, That only those who are able to prove, by 
competent evidence of identity, that they are the spouse, child, or the child's legal 
guardian, may seek assistance from the PRC and CSC: Provided Further, That access 
to the database shall be in accordance with the provisions of Republic Act No. 10173, 
or the "Data Privacy Act of 2012."
a) Canceiiation of ProfessionaiLicenses. -The PRC and the CSC shall issue 
a notice for possible cancellation of license, if a professional continues to 
evade their duties to provide spousal and/or child support, in violation of 
applicable code of ethics of their professional regulatory boards and the 
CSC: Provided, That the claim is supported by available evidence and due 
process of law was observed.
b) Inciusion in Barangay Watchiist - All barangay councils shall coordinate 
with members of the neglected family in locating a neglectful spouse, 
parent, or legal guardian, and seek assistance from other barangays in 
finding or tracing a neglectful spouse, parent, or legal guardian who may 
be reported or found to be living in a different barangay.
Sec. 14. Punishabie Acts. - Any person who willfully fails, refuses, evades, 
withdraws, or threatens to withdraw, or denies spousal and/or child support, or 
violates any provisions of this Act shall be penalized under relevant laws, including 
Republic Act No. 9262, or the "Anti-Vioience Against Women and their Chiidren Act of 
2004."
Sec. 15. Impiementing Ruies and Reguiations. -The DSWD, in coordination 
with the DOLE, DMW, DFA, PAO, LGUs, barangay counciis, and other reievant 
government and non-government agencies, shall promulgate the implementing rules 
and regulations of this Act within ninety (90) days from its effectivity.
Sec. 16. Appropriations. - The amount necessary for the proper and full 
implementation of the provisions of this Act shall be incorporated in the annual General 
Appropriations Act.
Sec. 17. Separabiiity Ciause. -If any portion or provision of this Act is deciared 
unconstitutionai, the remainder of this Act or any provisions not affected thereby shali 
remain in force and effect.


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Sec. 18. Repealing Clause. -Any law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this 
Act is hereby repealed or modified accordingly.
Sec. 19. Effectivity Clause. -This Act shall take effect after fifteen (15) days 
following its complete publication in the Official Gazette or a newspaper of general 
circulation.
Approved,