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Republic of the Philippines ea Y,
HOUSE OF REPRESENTATIVES f RECE MED 2)
Quezon City { LN = }
EIGHTEENTH CONGRESS \ TIMES uy
First Regular Session \ BY: &
65 NS iy
House BillNo." #3 INDEX

Introduced by HON. ALETA C. SUAREZ

EXPLANATORY NOTE

The 1987 Constitution recognizes the Filipino family as the foundation of the
nation. The State is mandated, pursuant to Article XV Section 1 of the Constitution, to
strengthen its solidarity and actively promote its total development.

Family relations are an important aspect of social development. Members of the
nuclear family maintain tightly-knit relations with the extended family. In many
households, the elderly live with the families of their children after their retirement. A
common Filipino household consists of three generations-the elderly grandparents,
parents, and young children—usually live together. When the second-generation parents
are away from home, grandparents are usually the ones who take their place and care for
the children. Children, in turn, develop filial responsibility towards taking care of their
elders as they grow older.

However, there are some households where the elderly parents are either left living
alone or confined in elderly nursing homes. There are some who are forced to work while
already suffering from illnesses brought about by old age, just to be able to sustain their
daily needs. In worst case scenarios, there are those who are left at the mercy of their
relatives or strangers for care and support.

The Family Code, in Article 195, obliges spouses, legitimate ascendants and
descendants, parents and their legitimate children and the legitimate and illegitimate
children of the latter, parents and their illegitimate children and the legitimate and
illegitimate children of the latter, legitimate brothers and sisters, whether full or
half-blood, to support each other to the whole extent as set forth in the Family Code.
Meanwhile, Republic Act 9994, otherwise known as the Expanded Senior Citizens Act of
2010, recognizes the rights of senior citizens and makes it a concern of the family,
community, and government. The law guarantees full support to the improvement of the
well-being of the elderly and their full participation in society. Despite our existing laws
protecting the welfare of our elders, they are still vulnerable to maltreatment, abuse, and
neglect.

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This bill therefore seeks to ensure the welfare of our elderly parents by
institutionalizing parental support and providing penalties for violation thereof. The bill
also provides remedies to the parents in need or other concerned parties in seeking
support from their children.

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

z
ALBAA C. SUA}
resentative
ird District, Quezon Province

490.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

B54
House Bill No._

Introduced by HON. ALETA C. SUAREZ

AN ACT PROVIDING SUPPORT AND WELFARE PROTECTION TO PARENTS,
AND OTHER PURPOSES

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

Section. 1. Short Title. — This Act shall be known as the “Parent Support Act of
2019”.

Sec. 2. Declaration of Principles. — It is declared policy of the State to uphold the
sanctity of family life and strengthen its bond, as the family stands as the foundation of
the nation. Pursuant to Section 4 Article XV of the 1987 Constitution, it is the duty of the
family to care for its elderly members while the State may design and implement
programs of social security appropriate for their needs. The State and the family,
particularly the children, therefore, must provide support to the parents who are in need,
especially the aged, sick, incapacitated, and those without adequate means of supporting
themselves.

Sec. 3. Definitions.

(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;

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(©) “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 provide for
himself/herself adequately through his/her own earnings or property shall be given
support by his/her children.

If the parent in need of support has more than one child, the support shall be
divided among the children in proportion to their 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.

Sec. 5. Demand for Support. — There shall be no need for demand for the obligation
to support to accrue. However, a prior request for support which was denied or remains
unacted within an unreasonable period of time is required for the filing of a Petition for
Support before a court of competent jurisdiction.

Sec. 6. Payment of Support. - The period, manner, and method of payment of
support shall be under the discretion of the court, taking into consideration the
circumstances of the parties.

The share for the support of the parent in need by children who has no custody of
such parent shall be paid within the first five (5) days of every month.

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

Sec. 8. Support Order - A support order shall be issued 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.

No temporary restraining order or injunction shall be issued by any court, except
the Supreme Court, to stay the said order.

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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.

Sec. 9. Petition for Support. — A Petition for Support may be filed in the Family
Court or, in the absence of the former, the Regional Trial Court with jurisdiction over the
place of residence of the petitioner.

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 circumstances and the reason/s to be stated in the Order
or decision.

Sec. 10. Contents of the Petition. ~ The petition must state the following:

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

(2) 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;

(3) 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;

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

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

Sec. 11. Who may file. - The Petition for Support may be filed by any of the
following:

(1) The parent in need of support;

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(2) Children of the parent in need of support against those who do not provide or
contribute for the support of the former;

(3) Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

(4) Officers or social workers of the Department of Social Welfare and Development

(DSWD) or social workers of local government units (LGUs);

(5) Lawyer or healthcare provider of the parent in need of support;

(6) Any person or institution who has the care of the parent in need of support; or

(7) At least 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 the parent concerned.

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

Sec. 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 the petition was
filed personally or in their behalf.

Sec. 15. Circumstances to be considered. - The court, in granting the Petition for
Support, shall consider, but shall not be limited to, the following circumstances:

(1) The financial needs of the parent in need of support, taking into account

reasonable expenses for housing and medical cost;

(2) 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;

(3) The physical or mental disability of the parent concerned;

(4) The income, earning capacity, property, and other financial resources of the

respondent/s;

(5) The expenses incurred by the respondent in supporting his/her own

requirements, his/her spouse and that of his/her children; and

(6) The contributions and provisions, whether financial or otherwise, which the

respondent has made for the maintenance of his/her parent.

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Sec. 16. Grounds 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 amount of
support ordered as may be just.

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

Sec. 17, Amendment or Rescission of the Support Order. - The court may amend or
rescind any subsisting Support Order when there is 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 is joined as a
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, for every breach of order, issue a warrant for levying the amount due in
the manner provided for levying 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 (Php100,000.00) 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. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the other parts or provisions hereof which are not affected
shall continue to be in full force and effect.

Sec. 22. Repealing Clause. - All laws, orders, issuances, circulars, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

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Sec. 23. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any two (2) newspapers of general circulation in the
Philippines, whichever comes earlier.

Approved.

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