Republic of the Philippines
House Or RepresENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILL NO. Cuvee

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 Therefore, 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 a
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.”

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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 the 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 the custodial parent does not have the 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 the 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 the 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 and 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 the government and the parents.

In view of the foregoing, approval of this bill is sought.

Alesha


‘Republic of the Philippines
House Or REpREsENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILL NO. nad

Introduced by Honorable Rosenda Ann Ocampo -

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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.


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BE

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 the 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 (P50,000.00) 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.


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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,