ENTATIVES

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Republic of the Philippines pave: 20. WN 2016.

HOUSE OF REPRESENTATIVI nae
* Quezon City, Metro Manila ’ Te
Seventeenth Congress _

First Regular Session

HOUSE BILL NO. 387

Introduced by Honorable Rosenda Ann Ocampo

EXPLANATORY NOTE

This bill seeks to penalize the refusal or failure to give legal child support without
justifiable cause.

Paragraph 2, Section 3, Article XV of the 1987 Constitution provides that:
“Sec, 3. The State shall defend:
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(2) 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;

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In adherence to this provision of the Constitution, Congress enacted Republic Act
(RA) No.9262, entitled “An Act Defining Violence against Women and Their Children,
Providing for Protective Measures for Victims, Prescribing Penalties, and for Other
Purposes.” Section 8 of RA 9262 provides for the issuance of a protection order which
shall include relief for.the abandoned woman and her child, one of which is the
entitlement to legal support. Furthermore, it provides that “failure to remit and/or
withhold or any delay in the remittance of support to the woman and/or her child without
justifiable cause shall render the respondent or his employer liable for indirect contempt
of court.”

Articles 194-208 of Executive Order No. 209, also known as the “Family Code of
the Philippines,” provide for the definition of support and enumerate provisions
governing such.

The issue of child support remains to be one of the most difficult issues to
resolve between couples hounded by the pain of separation. Apart from the emotional



trauma, the parent who has custody of the child is left with the difficult task of single-
handedly raising the child or children. The situation becomes more agonizing when
parent who is obliged to give legal child support refuses or fails to remit the support.
Hence, the welfare of the child is compromised, especially when custodial parent does
not have means to sustain the needs of the child.

Sadly, our laws do not penalize anyone who refuses or intentionally fails to pay
the legal child support. The custodial parent can only file a motion to cite the obliged
parent for indirect contempt for refusal to comply with a valid court order mandating the
support provisions. This makes it easier for the obliged parent to neglect support owed
to the child, even if that parent is financially capable. Ultimately, it is the child who
suffers the most from this conflict. To address this unfortunate situation, this bill
provides strict penalties of fine and imprisonment against obliged parent if found guilty
of refusing or failing to give legal child support without justifiable cause.

Once approved, this measure will compel parents to comply with the court order
to pay the legal child support to ensure that their child or children still get the best
possible care, notwithstanding their severed relationship. After all, the well-being of the
child should be the utmost concern of both government and the parents.

IENDA ANN OCAMPO


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

Seventeenth Congress
First Regular Session

387
HOUSE BILL NO.

Introduced by Honorable Rosenda Ann Ocampo

AN ACT
PENALIZING THE REFUSAL OR FAILURE TO GIVE LEGAL CHILD SUPPORT
WITHOUT JUSTIFIABLE CAUSE
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 “Child Support
Enforcement Act.”

SEC. 2. Prohibited Acts. — It shall be unlawful for any person to:

(a) Refuse or fail to give legal child support without justifiable cause (i)
amounting to more than Thirty thousand pesos (P30,000.00), or (ii) for a period of more
than six (6) months; or

(b) Pay less than the amount determined by the court as legal child support (i)
amounting to more than Thirty thousand pesos (P30,000.00), or (ii) for a period of more
than one (1) year.

As used in this Act, “legal child support” refers to the amount determined by a
court order or under a parenting agreement approved in court, or issued under a
protection order pursuant to Republic Act No. 9262, otherwise known as the “Anti-


Violence Against Women and Their Children Act of 2004,” to be remitted by the parent
obliged to give support to the parent who has legal custody or parental authority over
the child.

SEC. 3. Penalty. - a) For the first offense, any person who commits any of the
prohibited acts under Section 2 of this Act shall, upon conviction, suffer the penalty of a
fine in the amount of Twenty-five thousand pesos (P25,000.00) or imprisonment of not
less than six (6) months but not more than one (1) year, or both, and the lump sum
settlement of the total unpaid legal child support;

b) For subsequent offenses, any person who commits the prohibited acts under
Section 2 of this Act shall, upon conviction, suffer the penalty of a fine of Fifty thousand
pesos (50,000.00) or imprisonment of not less than one (1) year but not more than two
(2) years, or both, and the lump sum settlement of the total unpaid legal child support.

Any unpaid legal child support shall accrue an interest of 1.5% per month until
such time the legal child support has been fully paid

The employer who is found guilty of refusing to comply with the conditions of a
legal child support without justifiable cause shall pay a fine of Twenty-five thousand
pesos (P25,000.00) and settle in full the total unpaid legal child support.

SEC. 4. Venue. — Any case arising from this Act shall be instituted and
prosecuted in the court that has jurisdiction over the residence of the child entitled to
legal child support,

SEC. 5. Child Support Enforcement Desk. —- The Department of Social Welfare
and Development is mandated to utilize its field offices as Child Support Enforcement
Desk which shall provide assistance in the implementation of the provisions of this Act
and inform the people of the rules and regulations governing child support.


SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,