Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
Second Regular Session

House Bill No. 6457

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

upport in this cantext is
the act of providing financial facilities for the sustenance and development of one's child
‘as provided in the civil code and the family code.

‘As it stands today, support for all instances may only be demanded through our
court processes, While the rules of court are solicitous to those needing support, the fact
remains that such process is occasioned by unnecessary delay not to mention the social
costs entailed by such a process. This process also adds to the clogging of the dockets of
the court. While the author concedes that a thorough hearing requiring the competence
of the court in a special proceeding is required when the aim of the process is to
determine the fact of filiation/relationship between the parties. [t is submitted that
when the parties agree, explicitly or impliedly, that such a relationship exists, the court's
participation is no longer required. The moment a person admits that a child is his own
he necessarily also takes on the obligation to support such child. The due process clause
protecting the property rights of such person therefore does not come into play as he
himself implicitly volunteered to make his properties available to support his
acknowledged child. If passed into law, this measure does not work to confiscate
another's property but rather merely facilitates an obligation a person voluntarily took
on,

Children who have been neglected should not have to beg for what is rightfully
theirs. Parents who have failed to live up to their calling should not be able to hide
behind legal technicalities. While it is true that wealth and money is not everything, it Is
equally known that in growing up a person needs some of it in order to achieve and
become everything he is capable of becoming. There is no substitute to the intimate love
of parent, but alas not all parents are up to this duty, it fs their children that this bill
aims to benefit. It is for all these that the immediate passage of this bill jssought.

Representative
1 District Valengpela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
Second Regular Session

6457

House Bill No.

Introduced by Representative Wes Gatchalian

——— ee

AN ACT
AUTORIZING THE LOCAL SOCIAL WELFARE
AND DEVELOPMENT OFFICER OF EACH MUNICIPALITY TO
ORDER THE GRANTING OF SUPPORT TO AN ACKNOWLEDGED
CHILD OF A PARENT.

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

Section 1, Authority of the Local Social Worker and Development Officer- Upon a
verified petition, the Local Social Welfare and Development Officer (LSWDO), shall have
the authority to order the delivery of support and in default of such, the attachment of as
much of the properties of a parent as may be necessary for the support of their
acknowledged child. For this purpose the LSWDO may issue writs of execution and may
deputize any sherriff commissioned within the territorial jurisdiction to perform all the
necessary processes to perfect the attachment.

Section 2. Definition of Terms ~ As used in this Act, the following terms shall mean:

(1) "Acknowledged Child” a child of a parent, regardless of legitimacy, but whose
filiation is not disputed by the parent. This term shall also be applicable to an adopted
child of an adopter.

(2) "Petitioner" refers to a natural person filing the petition and who has direct and
personal interest in obtaining support.

Section 3, Who May File the Petition and Where. - Any acknowledged child, with the
assistance of his parent or legal guardian, may file a verified petition in the municipality
or city of

a. ‘The residence of the parent:
b. The residence of the child; or
©. The place where a property of the parent may be found;

Citizens of the Philippines who are presently residing or domiciled in foreign countries
may file their petition, in person, with the nearest Philippine Consulates.

In the absence of Local Social Welfare and Development Officer in the municipality or
city, a petitioner may file with the Local Social Welfare and Development Officer of the
province.


Section 4. Grounds for the Order Granting Support. - The petition for support shall be
granted under this law in any of the following instances:

(1) The acknowledged child has not been given support despite demand;
(2) Parent obliged to give support has not done so for three consecutive months;

Section 5. Form and Contents of the Petition. - The petition shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by the law to
administer oaths. The affidavit shall set forth facts necessary to establish the merits of
the petition and shall show affirmatively that the petitioner is competent to testify to the
matters stated. The petitioner shail state in particular facts proving filiation provided
under the applicable laws, the financial needs and capacities of both parties, the
properties of the parent known to the petitioner within the Philippines, as well as the
ground relied upon under the next preceding section of this law.

‘The petition shall be supported by any or all of the following documents:
(1) A certified true machine copy of pieces of documents proving filiation;

(2) Affidavit of any person other than the petitioner attesting to the fact of fillation
between the child and the parent from whom support is demanded; or

(3) Other documents which the petitioner approval of the petition.

Section 6. Service to the parent. - A copy of the petition, along with its supporting
documents, shall also be served on the parent from whom support is demanded. The
proof of such service shall be attached to the petition filed before the LSWDO. Provided
that ifthe said service is impossible or would unduly burden the petitioner, such may be
dispensed with and instead be published at least once a week for two (2) consecutive
weeks in a newspaper of general circulation, stating such fact In the petition.

‘The parent from whom support is being claimed may file an answer, in the same form of
a petition, within the period provided for posting or publication in the next succeeding
section.

Section 7. Duties of LSWDO.- The LSWDO shall examine the petition and its supporting,
documents. He shall post the petition in a conspicuous place provided for that purpose
for ten (10) consecutive days after he finds the petition and its supporting documents
sufficient in form and substance.

{fin his answer the parent denies the filiation of the petitioner, the LSWDO shall
immediately dismiss the petition and assist the filing of a case for support with the
proper courts as provided by the Rules of Court. Provided that a parent who knowingly
falsely denied the filiation of a petitioner shall be additionally fined with not less than
thrice of the annual support finally awarded by the court. This shall be without
prejudice to other criminal and civil cases which may be fited for his wrongful denial.

‘The LSWDO shall act on the petition and shall render a decision not later than ten (10)
‘working days after the completion of the posting and/or publication requirement. In
deciding the amount of the award, such shall be in proportion to the resources or means
of the giver and to the necessities of the recipient. He shall also consider the following
factors:

a. Financial Needs of the child, including board, lodging, education, medication and
other daily necessities as may be just and equitable


b._ Net Income of both parents
¢. Time to be spent per year in taking care of the child by the parent from whom
support is sought

A copy of the decision shall be served on the parent in the same manner as required by
the Rules of Court.

Nothing in this law shall preclude the subsequent filing of a motion for the proportional
increase or decrease of the support awarded in accordance with Article 202 of the
Family Code. The disposition of such motion shall be within the same period provided in
this section in the case of original awards,

Section 8. Appeal. ~ The decision of the LSWDO shall be final and executory unless if
within five (5) days from service of the decision a party files record on appeal to the
proper Regional Office of the Department of Social Welfare and Development. Provided
that during the pendency of appeal support shall be granted pendent lite if the original
decision of the LSWDO was favorable to the petitioner.

Upon receipt of the record, the Regional Office shall require the appellee to file a
comment not later than three (3) days. Upon filing of the appellee's comment or in
default of such, the Regional Office shall promulgate its decision not later than ten (10)
working days, The decision of the Regional Office shall be immediately final and
executory, and shall not be subject to any further appeal,

Section 9. Payment of Fees. ~ The LSWDO or the Regional Office of the DSWD shall be
authorized to collect reasonable fees as a condition for accepting the petition. An
Indigent petitioner shall be exempt from the payment of the said fee.

Section 10. Implementing Rules and Regulations. - The Department of Interior and
Local Government and the Department of Social Welfare and Development, in
consultation with the Department of Justice, the Department of Foreign Affairs, the
Office of the Supreme Court Administrator, the University of the Philippines Law Center,
issue the necessary rules and regulations for the effective implementation of this Act not
later than three (3) months from the effectivity of this law.

Section 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does
not prejudice or impair vested or acquired rights in accordance with the Civil Code and
other laws.

Section 12, Separability Clause. - If any portion or provision of this Act is declared void
or unconstitutional, the remaining portions or provisions thereof shall not be affected
by such declaration,

Section 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof Inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.