Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
2nd Regular Session 
House Bill No. ________ 
Introduced by Representatives ERWIN T. TULFO, EDVIC G. YAP, 
JOCELYN P. TULFO, ERIC G. YAP, and RALPH P. TULFO 
EXPLANATORY NOTE 
Th right of the children to support, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions 
prejudicial to their development is given credence by the 1987 Constitution. Article 
194 of the Family Code defines support as everything indispensable for sustenance, 
dwelling, clothing, medical attendance, education, and transportation, the overall 
maintenance of the financial capacity of the family and the expenses for schooling or 
training for a profession of the child even if he/she is older than eighteen (18) years 
old or beyond the age of majority. Fulfilment of the said obligation is primarily tasked 
to the parents, as provided in Article 195 of the Family Code.  
In a recent study by the World Health Organization, it is accounted that 15 million 
Filipinos are solo parents—ninety-five percent (95%) of which are women. In light that 
majority of the deadbeat parents are men, there is an imminent necessity to ensure 
that paternal child support is thoroughly enforced and the neglect of paternal 
responsibility shall be dealt with stringent penalties. Criminalization of a deadbeat 
father is already duly provided in Republic Act No. 9262 or the Anti-Violation Against 
Women and Children (Anti-VAWC) Act, particularly referred to as economic abuse, 
which includes the withdrawal of child support. However, the comprehensive 
implementation and enforcement of paternal child support, including all other acts to 
establish the said legal obligation, is still a legislative priority.  
10:08 am
August 29, 2023
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It is in this regard that this proposed measure seeks to establish the amount of paternal 
child support and streamline the process in establishing paternity which is 
prerequisite for a child support order, thereby realizing the objectives of Republic Act 
No. 11861 or the Expanded Solo Parents Welfare Act in providing adequate social 
protection programs to solo parents, which again are mostly mothers, and declogging 
court dockets which subject matter pertains to child support. 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
2nd Regular Session 
House Bill No. ________ 
Introduced by Representatives ERWIN T. TULFO, EDVIC G. YAP, 
JOCELYN P. TULFO, ERIC G. YAP, and RALPH P. TULFO 
AN ACT  
PUNISHING THE WILLFUL FAILURE TO PAY PATERNAL CHILD SUPPORT 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. – This Act shall be known as the "Paternal Child 
Support Responsibility Act of 2023."  
SEC. 2. Declaration of Policy. – It is the policy of the state to ensure the right 
of the children to support, including proper care and nutrition, and special protection 
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial 
to their development through proper enforcement of penal laws against denial of child 
support and adequate assistance to parents who are tasked by law to fulfill the said 
responsibility. 
SEC. 3. Definition of Terms. - The following terms as used in this Act shall 
mean the following: 
a. Child refers to a person below eighteen (18) years of age or a person 18 years
or over but is unable to fully take care or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of physical or
pyscho-social disability or condition;
b. Child support is the money regularly paid by one parent to the other parent
for the purpose of providing adequate financial support to their common
child or children. Oftentimes, child support is paid by the non-custodial
father to the custodial mother or guardian/carer in case of an orphan, or
close relatives in case of a child or children left in their care by both parents.
This support is meant for the maintenance of a child, or a child and the
parent with whom medical attendance, education, and transportation,
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arrearages, or reimbursement, and which may include related costs and 
fees, interest and penalties, income withholding, attorneys’ fees, and other 
relief; 
 
c. Custodian-parent refers to the parent who is raising a child/person or 
his/her own in the absence of the co-parent who is otherwise alive; 
 
d. Deadbeat parent refers to a parent who has abandoned his/her parental 
obligation or is unwilling to pay his/her child support obligation; 
 
e. Secretary refers to the Secretary of the Department of Social Welfare and 
Development; 
 
f. Support Order means a judgment, decree, or order, whether temporary, 
final, or subject to modification issued by the court or an authority (e.g., 
Department of Social Welfare and Development) for the support and 
maintenance of a child. 
 
 
SEC. 4. Establishing Paternal Child Support Order. – A paternal child support 
order legally obligates non-custodial fathers to provide financial support for their 
children and provides the amount of the obligation (e.g., monthly obligation plus 
arrearages, if any) and how it is to be paid. The Department of Social Welfare and 
Development shall spearhead judicial or administrative process concerning child 
support obligations. 
 
SEC 5. Amount of Paternal Child Support. - The amount of Paternal Child 
Support per child shall be at least ten percent (10%) of the father’s salary. However, 
this Act mandates that a paternal child support per child shall not be lower than Six 
Thousand Pesos (Php 6,000.00) per month, which is equivalent to Two Hundred Pesos 
(Php 200.00) per day. 
 
SEC. 6. Establishing Paternity. – Paternity establishment is a prerequisite for 
obtaining a child support order. Without paternity established, children have no legal 
claim on their fathers’ income. In addition to financial benefits, establishing paternity 
can provide social, psychological, and emotional benefits and in some cases the 
father’s medical history may be needed to give a child proper care.  
 
It is the duty of the State to assist custodian mothers to establish the paternity 
of a child. This Act creates simpler civil procedures for establishing paternity in 
contested cases, by requiring all parties in a contested paternity case to take a genetic 
or deoxyribonucleic acid (DNA) test upon the valid request of a custodian mother. 
The non-custodian father shall provide for the laboratory costs of these tests.  
 
The DSWD shall set paternity establishment standards and procedures through 
the Implementing Rules and Regulations of this Act in coordination with the 
following agencies: (i) the Department of Health; (ii) Department of Justice; and the 
Philippine Statistics Authority. To further simplify the procedure, a simple civil 
process for voluntarily acknowledging paternity shall be established under which the 


Government must explain the rights and responsibilities of acknowledging paternity 
and afford due process safeguards. Procedures must include a hospital-based system 
for the voluntary acknowledgment of paternity during the period immediately 
preceding or following the birth of a child. 
 
SEC. 7. Willful Failure to Pay Child Support. - Violence against women and 
their children, as defined in Republic Act No. 9262 or the Anti-Violence Against 
Women and Their Children Act of 2004 (“VAWC”), includes the denial of financial 
support.  
 
Consistent with RA 9262 or the VAWC Act, any person who willfully fails to 
pay paternal child support, if such an obligation has remained unpaid for one (1) year 
or has an outstanding amount due of fifty thousand pesos (Php 50,000.00) or more, 
shall be punished by prision mayor and a fine in the amount of not less than One 
hundred thousand pesos (P100,000.00) but not more than three hundred thousand 
pesos (300,000.00) at the discretion of the court.  
 
When the offender is a Filipino living overseas, qualifying penalties as 
provided for in inter-country agreements shall be implemented. 
 
 
SEC. 8. Presumption. – The existence of a child support obligation that has 
remained unpaid for at least one (1) year or has an outstanding amount due of fifty 
thousand pesos (Php 50.000.00) or more, despite demand, as alleged in the Complaint 
or Information creates a disputable presumption that the person has willfully failed 
to pay child support. 
 
 
SEC. 9. Probation. – Should the parent avail of probation after conviction and 
sentence under this Act, the probationer shall meet his or her family responsibilities 
and pay child support as part of the condition for probation. 
 
 
SEC. 10. Enforcement of Support Orders Against Paternal Grandparents in 
case of Minor Father, Death, or Other Special cases. – Procedures under which, at the 
government’s option, any child support order enforced with respect to a child of a 
minor non-custodial father, if the custodial mother of such child is receiving assistance 
under the program, shall be enforceable, jointly and severally, against the parents of 
the non-custodial minor of such child.  
 
Upon death of a non-custodial father or he refuses or is otherwise unable to 
give child support due to incapacity, illness, or other justifiable reason, his parents or 
next of kin are also liable to pay child support in the order established by Articles 195 
and 196 of the Family Code of the Philippines.  
 
SEC. 11. Implementing Rules and Regulations. - The DSWD, in coordination 
with the relevant organizations such as the Department of the Interior and Local 
Government (DILG), the DepEd, DOJ, DOH, CHED, Philippine Information Agency, 
and Council for the Welfare of Children (CWC) shall disseminate information 
regarding this Act and its implementation to the public. 
 


The Secretary, after due consultation with participating organizations as well 
as other agencies such as the Department of Budget and Management, National 
Bureau of Investigation, Philippine National Police, Office of the Solicitor General, and 
relevant civil society organization/s, shall formulate the necessary Implementing 
Rules and Regulations and operating guidelines to make the provisions of this Act 
operative.  
 
 
SEC. 11. Appropriations. - Such sum as may be necessary for the 
implementation of the provisions of this Act shall be included in the General 
Appropriations Act of the year following its enactment into law and thereafter. 
  
 
SEC. 12. Repealing Clause. - All laws, decrees, letter of instruction, executive 
issuances, resolutions, orders or parts thereof which are inconsistent with the 
provisions of this Act are hereby repealed, modified, or amended accordingly. 
 
 
SEC. 13. Saving Clause. - Nothing in this Act shall affect any right of an adoptee 
acquired by judicial proceedings or otherwise before the commencement of this Act. 
 
 
SEC. 14. Separability Clause. - If any provision or part of this Act is declared 
unconstitutional or invalid, the remaining parts or provisions not affected shall 
remain in full force and effort.  
 
 
SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.  
 
 
Approved,