SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
403 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 14, Section 3, paragraph 2, provides that the State shall defend 
the right of children to assistance, including proper care and nutrition, and special protection 
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their 
development. Further, the Family Code, Article 105, provides that parents, as well as and their 
children, whether legitimate or illegitimate, are obliged to support each other. In line with the 
aforesaid provisions, this bill aims to criminalize willful failure or refusal to pay predetermined 
child support obligations. 
There are children, both legitimate and illegitimate, who are forced to live with one 
parent because their parents are not living together. Although the obligation to support a child is 
the responsibility of both parents, there are a number of parents - especially those who live apart 
from the child - who continuously refuse to financially support their children even if they have 
the capacity to do so. 
Therefore, in order to deter irresponsible parents from evading their financial 
responsibility to their children, this bill aims to impose a penalty for such evasion.! 
~'-
4k~-- ,(,~~ 
. MIRIAM DEF~SOR S~TI~O 
pJi 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session. 
1 


------- -----
-
-
-----
-
-
-
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
S, No, 
403 
," 
I~" 
. ,/;'; ,~Hflfr of tl 
i\ 
'13 
JUL -3 
~ 
'. ,; , . ',;Y: U 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PENALIZING WILLFUL FAILURE TO PAY LEGAL CHILD SUPPORT OBLIGATIONS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
3 
SECTION I, Short Title, - This Act shall be known as the "Child Support Act" 
4 
SECTION 2, Declaration of Policy. - It is hereby declared the policy of the State to 
5 
defend the right of children to assistance, including proper care and nutrition, and special 
6 
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial 
7 
to their development 
8 
SECTION 3, Definition of Support Obligation. - For purposes of this Act, the term 
9 
"support obligation" means any amount determined under a court order or an amount determined 
10 
under a binding contract to be due from a person for the support and maintenance of a child or of 
11 
a child and the parent with whom the child is living, 
12 
SECTION 4. OjJimse, - Any person who: 
13 
(A) Willfully fails to pay a support obligation with respect to a child or the child and the 
14 
parent the child is residing with, if such obligation has remained unpaid for a period longer than 
15 
one (I) year, or the amount is greater than thirty thousand pesos (P30,OOO.OO); or 
1 


1 
(B) Travels locally or abroad with the intent to evade a support obligation, if such 
2 
obligation has remained unpaid for a period longer than one (l) year, or is greater than thirty 
3 
thousand pesos (P 30,000.00), shall be punished as provided in Section 6. 
4 
SECTION S. Presumption. - The existence of a support obligation that was in effect for 
5 
the period charged in the information creates a rebuttable presumption that the obligor has the 
6 
ability to pay the support obligation for that time period. 
7 
SECTION 6. Penalties. - The penalty for an offense under this Act is: 
8 
(A) In the case of the first offense under Section 4 (A), a fine equivalent to the amount of 
9 
the unpaid support obligation or imprisonment for not more than six (6) months, or both, at the 
10 
discretion of the court; and 
11 
(B) In the case of an offense under Section 4 (B), or a subsequent offense under Section 4 
12 
(A), a fine equivalent to twice the amount of the unpaid support obligation or imprisonment for 
13 
not more than two (2) years, or both, at the discretion of the court. 
14 
SECTION 7. Venue. - With respect to an offense under this Act, an action may be 
15 
instituted and prosecuted in the proper court that has jurisdiction over the place in which the 
16 
child subject of the support obligation involved resided during the period in which the obligor 
17 
failed to pay the obligation. 
18 
SECTION 8. Separability Clause. - If any provision or part hereof is held invalid or 
19 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
20 
valid and subsisting. 
21 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
22 
order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent 
23 
with, the provisions of this Act is hereby repealed, modified, or anlended accordingly. 
2 


1 
SECTION 10. Effectivity Clause . . - This Act shall take effect fifteen (15) days after its 
2 
publication in at least two (2) newspapers of general circulation. 
Approved, 
3