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

‘Twentieth Congress
First Regular Session

House Bill No.__2 J.

Introduced by Representative NIKO RAUL S.J. DAZA

EXPLANATORY NOTE

Article XV, Section 3(2) of the 1987 Constitution affirms the right of all 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. Despite this constitutional
Protection, however, a growing number of Filipino children are denied financial support by one or both
of their biological parents, particularly in cases of separation, abandonment, or marital discord.

According to a 2020 census conducted by the Philippine Statistics Authority (PSA), nearly
14 million children in the Philippines live in single-parent households. Of these, approximately 60%
are under the sole care of their mothers, who often bear the full burden of parenthood. both
financially and emotionally.' Documented evidence suggests that a significant portion of these children
do not receive regular or sufficient child support from the non-custodial parent.

Meanwhile, in a 2019 study by the University of the Philippines Law Center, it was found
that only 1 in 10 women who file for child support in court successfully receive full compliance from
the non-custodial parent.? The study identified several barriers to enforcement, including:

1. Lack of awareness among custodial parents of their legal remedies,

2. High cost and slow pace of litigation,

3. Absence of a centralized database or tracking mechanism for child support orders, and
4, Weak enforcement of existing penalties for non-compliance.

Furthermore, the Department of Social Welfare and Development (DSWD), in its 2022
report on child welfare cases, emphasized that non-payment of child support was among the top ten
reported complaints received by their regional and local offices.’ The DSWD has repeatedly called for
‘more robust legislation to address this issue and protect children’s rights to financial support.

+ Philippine Statistics Authority. 2020 Census of Population and Housing (2020 CPH), "Household Population by
Marital Arrangement and Presence of Parents.” Quezon City: PSA, 2021.

* University of the Philippines Law Center. Access to Justice for Child Support Cases in the Philippines: A Legal
‘and Empirical Review, 2019.

* Department of Social Welfare and Development (DSWD). 2022 Annual Accomplishment Report. Manila:
DSWD Policy and Plans Bureau, 2023.


This proposed legislative measure seeks to institutionalize a comprehensive child support
‘enforcement framework that will:
1. Establish a National Child Support Registry, in cooperation with the judiciary and
relevant agencies, to monitor and enforce compliance with child support orders;
2. Mandate timely and regular remittance of child support, whether by direct
payment, salary deduction, or other lawful means;
3. Authorize legal sanctions such as:
© Garnishment of wages,
Suspension or revocation of government
Travel bans,
Disqualification from government loans and permits, and
Imposition of fines and community service;
4, Empower DSWD and partner agencies to provide legal aid, mediation, and
enforcement assistance to custodial parents;
5. Create a government-backed Child Support Guarantee Fund, from which
advances may be drawn to prevent children from suffering due to non-payment while
recovery proceedings are underway against the delinquent parent.

issued licenses,

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This bill is also grounded on the principle that parenthood entails continuous responsibility by
both parents, regardless of any marital issues between husband and wife. Indeed, separation, annulment,
‘or even non-marriage do not sever the legal and moral duty of a parent to support their child. By
strengthening the mechanisms for child support enforcement, the State upholds the dignity and rights
of children and ensures that no child is left behind due to parental neglect.

In view of the foregoing, the passage of this measure is earnestly sought.

NIKO RAUL. i DAZA

Representative, I* District of Northern Samar


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘Twentieth Congress
First Regular Session

House Bill No._21

Introduced by Representative NIKO RAUL S.J. DAZA

“AN ACT.
ENSURING CHILD SUPPORT AND PENALIZING PARENTAL REFUSAL OR NEGLECT
THEREOF”

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 Responsibility Act.

SEC. 2, Declaration of Policy. It is the policy of the State to afford greater protection to Filipino
children, recognizing them as one of the most vulnerable sectors of society. The State shall uphold the

rights of children and ensure the provision of their fundamental needs, including nutritious food,
adequate shelter, education, and healthcare.

Pursuant to Article Il, Section 13 of the 1987 Philippine Constitution, the State shall promote and protect
the physical, mental, emotional, and social well-being of all children. As a State Party to the United
Nations Convention on the Rights of the Child, the Philippines reaflirms its commitment to exert all
appropriate efforts to promote the holistic development of children, enabling them to grow into
responsible and productive members of society.

It shall also be the policy of the State to:

(a) Strengthen marriage as a vital social institution and a foundational element in promoting the best
interests of the child;
(b) Promote responsible parenthood as essential to effective child-rearing and development:
(c) Ensure the enforcement of child support obligations in all cases:
(d) Assist families and parents in establishing paternity and filiation; and
(e) Implement preventive measures to ensure children are not left without support, including:
securing parents’ access to sustainable livelihood and decent wages; providing parenting
programs to promote understanding of parental duties in child development and care:
strengthening parent-child relationships through education and awareness; enhancing parental
responsiveness to the needs and challenges faced by children: and encouraging active parental
participation in family and community-based initiatives.
SEC. 3. Definition of Terms. — As used in this Act:


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(a) Best interests of the child refer to the totality of the circumstances and conditions that are most
conducive to the survival, protection, and feelings of security of the child and most encouraging to
the child’s physical, psychological, and emotional development. It also refers to the least
detrimental alternative available for safeguarding the growth and development of the child;

(b) Child refers to a person below eighteen (18) years of age, or persons eighteen (18) years or older
who are unable to fully care for or protect themselves from abuse, neglect, cruelty, exploitation, or
discrimination due to a physical or mental disability or condition. Existing laws that extend this
definition to persons over the age of eighteen (18) shall also be recognized;

(©) Child support refers to the regular financial contribution provided by the non-custodial parent to
the custodial parent or parent-substitute to ensure the adequate support and well-being of 1
common child of children. The amount shall be proportional to the resources or means of the non-
custodial parent and the needs of the child, and shall cover maintenance, sustenance, shelter,
clothing, medical care, education, and transportation. Child support shall also include arrears or
reimbursements, which may cover related costs and fees, interest. penalties, and attorneys” fees,
when applicable.

(4) Child support register refers to the database established under this Act.

(©) Complex cases refer to child support cases that are extremely difficult for the Department of Social
Welfare and Development (DSWD) to resolve administratively, such as questions on paternity and
filiation of a child, and the same cannot be established pursuant to Articles 172 and 175 of Executive
‘Order (E.0.) No. 209, as amended, otherwise known as the “amily Code of the Philippines”.

(1) Custodial parent refers to parent who primarily or solely lives with the child and takes on the
responsibility of raising the child on a day-to-day basis in the absence of the co-parent who is
otherwise alive.

(g) National Child Support Office (NCSO) refers to the office established within the DSWD tasked
to: (1) implement the National Child Support Program (NCSP) under this Act; (2) administer and
resolve child support cases falling within its administrative jurisdiction; (3) supervise and
coordinate with Regional Child Support Offices in implementing the NCSP nationwide; (4)
formulate and issue guidelines for the effective implementation of the NCSP; and (5) comply with
and implement international treaties and conventions on children’s rights to which the Phil
is a signatory or State Party, including the United Nations Convention on the Rights of the Child
(UNCRC), the Hague Convention of 23 November 2007 on the International Recovery of Child
‘Support and Other Forms of Family Maintenance, and other relevant international instruments.

(h) Non-custodial or absentee parent refers to the parent who does not have primary physical custody
of the child and who, without justifiable reason, fails or refuses to comply with their child support
obligations.

(i) Parent Locator Service (PLS) refers to the system or integrated mechanisms managed by the
NCSO to assist custodial parents or other interested parties in locating non-custodial or absentee
parents for purposes of establishing paternity, securing child support, and enforcing or modifying
child support orders.

(i) Parent-substitute refers to a person other than the biological parent who has custody over a child
and is primarily responsible for the child’s care, and physical, moral, and intellectual development,
such as foster care parents, legal guardians, and care providers: Provided, That surrogate parents
shall secure a certification from the proper office of the Department of Social Welfare and
Development (DSWD) confirming them as a parent-substitute;


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(k) Regional Child Support Offices (RCSO) refer to offices established within the DSWD Regional
Offices that handle administrative child support cases, perform functions under this Act. and
administer and maintain the child support register established under this Act.

(1) Simple cases refer to child support cases that may be resolved administratively by the DSWD when:
(a) the non-custodial parent is identified as the child’s parent in the birth certificate or in a final
court judgment; or (b) the non-custodial parent has voluntarily acknowledged the child in a public
instrument or a private handwritten instrument signed by the parent, consistent with Title VI of
Executive Order No. 209, otherwise known as the Family Code of the Philippines.

(mm) Support Order refers to provisional or final order issued by the RCSO in administrative child
support cases under this Act. Such order may be modified or revised based on material changes in
circumstances, in accordance with prescribed guidelines.

SEC. 4. Establishment of the National Child Support Program. - There is hereby established a
National Child Support Program (NCSP) to facilitate efficient collaboration between national and local
government units in administering child support services. The NCSP shall provide the following
services: (a) assist in locating non-custodial or absentee parents; (b) assist in establishing paternity and
iation; (c) issue Child Support Orders after an administrative proceeding involving simple cases as
defined under this Act; (d) determine, review, and modify Child Support Orders; (e) enforce and
monitor compliance of Child Support Orders issued pursuant to this Act; (f) promulgate necessary rules
and regulations; and (g) comply with and implement international treaties and conventions on children's
rights to which the Philippines is a signatory or State Party, including the UNCRC, the Hague
Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of
Family Maintenance, and other relevant international instruments.

The NCSP shall be implemented by the National Child Support Office (NCSO) created under the
DSWD, in coordination with relevant national government agencies (NGAs) and local government
units (LGUs).

To support implementation at the regional level, a Regional Child Support Office (RCSO) shall be
established within each DSWD Regional Office. Each RCSO shall: (a) handle administrative child
support cases; (b) administer and update the Regional Child Support Register; (c) coordinate with NGAs
and LGUs to assist in establishing paternity, locating non-custodial parents, and ensuring compliance
with Support Orders.

The NCSO shall supervise, monitor, and provide technical and operational support to the RCSOs to
ensure uniform implementation of the Program nationwide.

‘SEC. 5. Participation of Local Government Units. ~The LGUs shall, upon request, assist the RCSOs
in the following: (a) locating the non-custodial parents or absentee parents; (b) establishing paternity
and filiation; and enforcing and ensuring compliance with Support Orders issued under this Act

LGUs shall likewise cooperate with concerned NGAs and other LGUs in supporting the RCSOs in
handling administrative child support cases.

SEC. 6. Participation of National Government Agencies. — The concemed NGAs shall, upon request,
assist the RCSOs in (a) locating the non-custodial parents or absentee parents; (b) assisting in the
establishment of paternity and filiation; and (c) enforcing and ensuring compliance with Support Orders
issued under this Act.


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To support the enforcement of Orders, the Department of Foreign Affairs (DFA), Department of Labor
and Employment (DOLE), Land Transportation Office (LTO), Professional Regulation Commission
(PRC), and other concerned NGAs shall cooperate with the RCSOs through the following measures,
subject to applicable laws and due process:

1, Wage Deduction ~ Facilitating the deduction of child support amounts from the salary or
payroll of the non-custodial parent;

2. Property Attachment ~ Imposing liens, encumbrances, or attachments on the personal or
real properties of the non-custodial parent;

3. Asset Garnishment ~ Withholding or gamishing salaries, wages, bank deposi
proceeds, tax refunds, monetary prizes, insurance claims, or any simil
of the non-custodial parent;

4. License and Passport Restriction — Withholding issuance, or suspending or restricting the
use of driver’s licenses, professional or occupational licenses, and passports of the non-
custodial parent, unless said parent executes an undertaking under oath to settle or update
unpaid child support within six (6) months;

5. Fraudulent Transfers — Declaring void any transfer of property intended to defraud or avoid
compliance with a Support Order, subject to existing laws.

To further support compliance, the DOLE, Technical Education and Skills Development Authority
(TESDA), and DSWD shall prioritize eligible non-custodial parents in appropriate government
employment, livelihood, financial assistance, and skills training programs to enhance their capacity to
fulfill their child support obligations under this Act.

‘No enforcement action under this section shall be implemented without observance of due process and
compliance with existing laws.

SEC. 7. Composition of the NCSO. — The NCSO shall be headed by the Secretary of the DSWD. who
shall serve as Chairperson. Each RCSO shall be headed by the Regional Director of the corresponding
DSWD Field Office.

The DSWD shall, in coordination with the DBM, create the organizational structure and staffing
patterns necessary for the effective operation of the NCSO and RCSOs: Provided, That officers and
employees holding permanent appointments shall be given preference for appointment to the new
positions in the approved staffing pattern comparable to their former positions: Provided, finally, That
‘no new employees shall be hired until all eligible permanent personne! have been appointed, including
qualified temporary or casual employees who possess the appropriate civil service eligibility for
permanent appointment, unless the positions are policy-determining, primarily confidential, or highly
technical in nature.

All appointees must meet the qualification standards set by the Civil Service Commission (CSC).
SEC. & Functions of the National Child Support Office. - The NCSO, through the RCSOs, shall
perform the following key functions:

(a) Assist in locating non-custodial or absentee parent. ~ Subject to compliance with Republic Act
(R.A.) No. 10173, otherwise known as the “Data Privacy Act of 2012,” and other applicable laws,
the RCSO may obtain necessary information from the custodial parent, parent-substitute, or
relatives, or through the DSWD’s Parent Locator Servic includes the name, address,
identification number of the non-custodial parent, the child’s birth certificate or equivalent
documents establishing paternity and filiation, court decrees, and information on the non-custodial
parent's employment or sources of income. The RCSO shall ensure confidentiality of information
that may come to their knowledge and possession.



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If the non-custodial parent cannot be located, the RCSO may request assistance from relevant
government agencies and LGUs.

(b) Assist in establishing paternity and filiation. —Establishing paternity and filiation is a prerequisite
to issuing a Support Order under this Act. It may be proven through: (a) the child’s record of birth
appearing in the civil register or a final court judgment; or (b) an admission of legitimate filiation
in a public document or a private handwritten instrument and signed by the parent concerned, as.
provided under the Family Code.

If the non-custodial parent acknowledges paternity during the administrative proceedings, the RCSO
shall facilitate the execution and proper registration of the acknowledgment in the Local Civil
Registry Office. Ifthe non-custodial parent denies paternity, the RCSO shall require a swom affidavit
of denial. A false denial may be prosecuted under Act No. 3815, as amended, otherwise known as
the “Revised Penal Code of the Philippines”.

If paternity cannot be established administratively, the case must be referred to the proper court for
judicial determination, subject to existing laws.

(©) Issue Support Orders. — A Support Order is an order issued in connection with the administrative
process for obtaining child support under this Act. It legally obliges a non-custodial parent to
provide monthly financial support to their children in an amount that is proportionate to the
resources or means of the non- custodial parent to the needs of the children, which is determined
during the administrative proceedings conducted by the RCSO. A willful refusal to comply with
the Support Order may subject the non-custodial parent to penalties under Section 14 of this Act.

(d) Determine the amount of child support. — The amount of support shall be based on the needs of
the child and the ability, resources, or means of the non-custodial parent to provide support. The
DSWD, in coordination with the National Economic and Development Authority (NEDA). shall
set a guideline based on a fixed percentage of income, which may be adjusted for circumstances
such as disability, number of children, or substantial changes in financial capacity.

‘Support Orders shall be immediately executory. Ifa parent disagrees with the Support Order or the
amount of support, such parent may file a request for reconsideration before the RCSO. However,
the filing of such a request shall not stay the execution of the Support Order. In the absence of any
ing or revising the amount of support, the non-custodial parent shall be required to
the Support Order without delay.

(c) Review and modify Support Order. Support Orders may be modified, upon proof of substantial
‘change in circumstances. Financial support shall also be extended to a child over eighteen (18) years
of age to cover expenses for tertiary education. The parents, parent-substitutes, relatives, or the child
who is at least fifteen (15) years of age, may file a request before the RCSO to review the Support
Order.

(f) Monitor compliance with Support Order. ~The RCSO shall monitor compliance with the Support
Order and may require the custodial parent, parent-substitute, or relative to provide periodic reports
to ensure that funds are used for the child's welfare. The NCSO shall establish secure and efficient
remittance mechanisms, including banks, financial institutions, and digital payment systems, and
other existing technologies to facilitate the receipt of child support.

(g) Enforce Support Orders. — Upon willful noncompliance, the RCSO may enforce the Support Order
through measures including wage withholding, garnishment of assets, attachment of property,


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imposition of liens, or other lawful means to satisfy outstanding obligations. The enforcement of
the Support Order shall be without prejudice to the filing of a separate criminal case for willful
failure to pay child support under Section 14 of this Act.

(h) Promulgate rules and regulations. ~The NCSO shall promulgate implementing rules and internal
procedures to carry out the intent and provisions of this Act.

(i) Comply and implement relevant international instruments. - The NCSO and RCSOs shall
comply with and implement international treaties and conventions on children's rights to which
the Philippines is a signatory or State Party, including the UNCRC, the Hague Convention of 23
‘November 2007 on the International Recovery of Child Support and Other Forms of Family
Maintenance, and other relevant international instruments. They shall also facilitate access to
cross-border remedies in the best interests of the child.

SEC. 9. Who May File a Petition for Administrative Child Support.— A Petition for

Administrative Child Support may be filed by any of the following: (1) the custodial parent;

(2) parent-substitute; or (3) relative within the fourth (4th) degree of consanguinity or affinity,

who has actual custody of the child and is raising the child in the absence of the non-custodial

parent or parents.

‘The DSWD, through the Regional Child Support Office (RCSO), shall screen and assess the eligibility

of the parent-substitute or relative to determine whether such person indeed has actual custody and is

actively raising the child.

The petition shall state the relevant facts necessary to establish entitlement to child support and shall be
in the form of a swom affidavit executed by the petitioner and subscribed before any person authorized
by law to administer oaths.

SEC. 10. Where to File the Petition. "The Petition for Administrative Child Support, together
with complete and original supporting documents, shall be filed with the RCSO having
Jurisdiction over the city or municipality where the child, custodial parent, parent-substi
relatives within the fourth (4th) degree of consanguinity or affinity raising a child on their own,
reside. In the absence of a local RCSO, the petition may be filed with the nearest DSWD field
office, satellite office, or extension unit.

SEC. 11. Administrative Child Support Process. -The NCSO shall formulate and adopt rules
governing the administrative child support process to ensure its fair, expeditious, and non-
adversarial disposition. All proceedings shall observe administrative due process and be guided
by the principles of simplicity and accessibilit
Upon receipt of the complete petition and supporting documents, the RCSO shall evaluate the evidence
and render a decision within twenty-one (21) calendar days. No adversarial hearing shall be required,
but the RCSO may call for clarificatory conferences or require the submission of additional documents
to ensure the best interests of the child are upheld.

SEC. 12. Child Support Register. ~The NCSO shall establish and maintain a centralized Child Support
Register containing official records and statistics of all child support cases processed under this Act.
‘The Register shall be managed by a Child Support Registrar, who shall be appointed by the Secretary
of the DSWD from among qualified DSWD personnel.

The format, content, and manner of maintenance of the Register shall be prescribed by the Secretary,
in consultation with the Child Support Registrar and relevant DSWD offices.

LGUs, through their City or Municipal Social Welfare and Development Offices (C/MSWDOs), shall
likewise maintain a local registry of child support cases within their jurisdiction and regularly transmit
reports to the NCSO for consolidation.


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SEC. 13. Confidentiality, ~ All records pertaining to child support cases, accessed, handled,
‘or processed in all settings, shall be kept confidential. No person shall disclose any personally
identifiable information, including the name, address, or circumstances of the child or the
child’s immediate family, unless such disclosure is expressly authorized by law; required by a
lawful order of a court or competent authority; or necessary to protect the best interests of the
child, Any unauthorized disclosure of confidential information shall be penalized in accordance
with existing laws, including RA 10173, otherwise known as the “Data Privacy Act”.

All persons, agencies, or institutions involved in accessing, handling, reporting, or processing personal
data under this Act shall observe the principles of legitimate purpose, proportionality, and transparency,
and shall discharge their obligations in accordance with applicable laws and regulations.

In cases of doubt, any provision of this Act shall be interpreted in a manner that favors the protection
of the right to privacy and the best interests of the child.

SEC. 14. Willful Failure to Pay Child Support. — Any person who, without justifiable cause, willfully
fails to comply with a Support Order issued under this Act—despite having gainful employment,
business, property, or any other source of income—shall be guilty of willful failure to pay child support
and shalt suffer the penalty of six (6) months, and one (1) day to two (2) years and four (4) months.
Provided, That if the offender is a public officer or employee, the penalty of four (4) years, two (2)
months and one (1) day to six (6) years shall be imposed.

A first-time offender may have the criminal complaint provisionally dismissed by fully paying the total
‘overdue and outstanding child support within thirty (30) calendar days from official notice of the filing
of the criminal complaint. Provided, That an interest of six percent (6%) per annum or the prevailing
legal interest rate, whichever is higher, shall be imposed and collected on the unpaid child support
‘computed from the date the Support Order was issued by the RCSO until full payment.

The fiting of a criminal complaint under this provision shall be without prejudice to the filing of other
civil, administrative, or criminal cases under existing laws, including but not limited to RA 9262,
otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004”, or RA 7610,
as amended, otherwise known as the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.”

SEC. 15. Information Dissemination. — The NCSO shall, in coordination with the Philippine
Information Agency, the Council for the Welfare of Children, and other concerned government
agencies, LGUs, NGOs, and civil society organizations (CSOs), undertake a nationwide campaign to
promote public awareness and understanding of the provisions, mechanisms, and objectives of this Act.
Such campaign shall ensure that the general public are informed of the right to child support, the process
of administrative child support, and the penalties for non-compliance. Materials shall be made available
in major Filipino languages and dialects, and disseminated through both traditional and digital media,
schools, barangays, and community-based programs.

SEC. 16. Annual Report. — The NCSO shall, on or before June 30 of each calendar year, submit an
annual report to Congress, giving a detailed account of its proceedings and accomplishments during the
year and making recommendations for modifications or improvements to enhance the effectiveness of
this Act.

SEC. 17. Appropriations. ‘The amount necessary for the initial implementation of this Act shall be
charged against the current year’s appropriations of the concerned implementing agencies. Thereafter,



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the amount necessary for its continued implementation shall be included in the budgets of the concerned
‘agencies in the annual General Appropriations Act.

SEC. 18, Jmplementing Rules and Regulations. The DSWD shall, in coordination with the concerned
‘government agencies, and upon consultation with NGOs, CSOs, and all relevant sectors, promulgate
the necessary implementing rules and regulations within six (6) months from the approval of this Act.

SEC. 19. Separability Clause. ~ \f any provision or part of this Act is declared unconstitutional or
invalid, the other provisions not affected thereby shall continue to be in full force and effect.

SEC. 20. Repealing Clause. — All laws, decrees, orders, and rules and regulations contrary to or
inconsistent with the provisions of this Act are deemed amended, modified, or repealed accordingly.

SEC. 21. Effectivity. — This Act shall take effect after fifteen (15) days following its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,