Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Ciiy, Meito Manila

Twentieth Congress
First Regular Session

House Bill No.L267

EXPLANATORY NOTE

"... they wiw proiecied ie weakness of our infancy, are entilied io our
protection in the infirmity of their age; they who by sustenance and education
have enabled their offspring to prosper, ought in retum to be supported by that
offspring, in case they stand in need of assistance.” '

The rules requiring children to support their parents have existed for
thousands of years. In the third A.D., there were statutory mutual obligations of
support and Idre Pp In
medieval Europe, ethics dictated cuppent of relatives. This ethical sitiard
developed by custom and usage into support laws from parent to child and,
ultimately, from child to parent. Later, a law i imposing a duty of rental support
on children was incorporaied in ihe Code Napuieon. in @ teiaiive
responsibility statute enacted by English Parliament in 1597, which applied only
to parents and children, was extended to additional collateral relatives. 2

In the United States, 30 states have filial responsibility laws: Alaska,
Arkansas, California, Connecticut, Delaware, Georgia, Idaho, lowa, Indiana,
Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada,
New Hampshire, Ne
Pennsylvani:
and West Virginia.

Siaies wiih iilial wesponsivilily siaiuies iake a variely of approaches to
enforcement: some allow some sort of civil court action to obtain financial support
(or cost recovery), others specify a criminal penalty for filial non-support, while
some states allow both civil and criminal actions.

We Filipinos are well-known for our close family ties. Because of this
close famil ties, we have the usual inclination to care for our elderly. However,
close family ties, there are elderly, itated parents

who were abandoned by their children. The sights of abandoned elderly in our
streets are now common. Children fail to provide the necessary support to their

+ Wm. Balckstone, Commentaries on Laws of England p. 442 (1765)
2 A Comparative Analysis of Filial Responsibility: Italy and united States by Anna Marie de Giacamo


aging, sick and incapacitated parents. This happens despite our moral and
natural obligation to maintain our parents who are in need of support. On the
saine vein, our Family Code imposes on us ihe iegai oviigation io suppori our

elderly. Article 195 of our Family Code provides:

Art. 195. Subject to the provisions of the succeeding articles, the
following are obliged to support each other to the whole extent set
forth in the preceding article:

(1) The Spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;

(4) Parenis and their itiegitimaie children and ihe iegitimate and
illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether full or half-blood.

However, despite said provision of the Family Code, many elderly who no
longer have any means of supporting themselves are being neglected and
ed by their le government is doing its best in p
support in the form of food and shelter as well as enacting legislations like the
Senior Citizens Act, it cannot be over-emphasized that taking care of the elderly

ity of government and ine chiidien of said eidetiy. The care ior ine
aged is neither an exclusively private matter to be left to the family nor an
exclusively public concern best left to the government.

This proposed bill therefore seeks to further strengthen filial responsibility
and make sit a criminal offense in case of flagrant violation thereof.
Abandonment ofa a | parent in need of support shall likewise constitute a criminal
act. A pare need of support may fi
court and pray a the issuance of a support order soainet those children who
failed or refused to provide the same. The legal representation of the parent in
need of support will be provided by the Public Attorney's Office and no court fees
wili be assessed. This vili aiso seeks iv esiablisii Oid Age Home fur the elderly,
sick or otherwise incapacitated parents in every province and highly urbanized
cities.

In light of the foregoing, the passage of this bill is earnestly requested.

-\ROY M. LOYOLA
lepresentative
Fifth District of Cavite


Cor nnewne

10
11
12
13
14
15
16
17
18
19
20

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon Cily, 0 iianiia

Twentieth Congress
First Regular Session

1267

House Bill No.

roduced by Fi Roy fi. Loyoia

AN ACT
PROVIDING FOR PARENT SUPPORT, AND FOR OTHER PURPOSES

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 “Parents
Welfare Act of 2025”.

SEC. 2. DECLARATION OF PRINCIPLE. - Pursuant to Article XV,
Section 4 of the Constitution. it is the duty of the family to take care of its
elderly members while the State may design programs of social security for them.
Therefore, the State, together with the children of parents in need of support,
must promote the welfare of parents who are aged, sick, incapacitated and not
capable of supporting themselves.

SEC. 3. DEFINITION OF TERMS. - In this Act, unless the context
otherwise requires, the following definition of terms shall be adopted:

a) “children” includes son, daughter, -—_grandson,
granddaughter. whether biological or adoptive, but does not
include a minor or those over the age of majority but are unable to
fully take care of themselves because of a physical or mental
disability or condition.


Car annewune

10
1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

b) “parent in need of support” refers to the father or mother
other direct ascendants who is a senior citizen, aged. sickly. or
who regardless of age is permanently incapacitated or otherwise
not capable of supporting themselves;

c) “support” includes provisions indispensable for sustenance
clothing, residence. medical attendance and treatment. recreation
and other amenities necessary for the _ parent in need of support
to lead a normal life and in keeping with the financial capacity of
the family.

SEC. 4. SUPPORT. - A parent in need of support who is unable to
maintain himself/herself from his/her own earning or out of the property owned
by him/her or who is incapacitated _ or otherwise incapable of supporting
himself/herself shall be given support by his/her children.

Ifthe parent concerned has several children, the support to be given
shall be divided among them in proportion to their resources or financial
capacity and in such manner as may be just and equitable.

Grandchildren shall only be liable to support their ascendants_ if the
children of such ascendants cannot fulfill their duty to support due to death.
illness or they are unable to fully take care of themselves because of a
physical or mental disability or condition

SEC. 5. DEMAND FOR SUPPORT. - No demand for support is
necessary before the obligation to support accrues. However. prior request for
support which was denied or unacted within an unreasonable period of
time is a requirement for the filing of a Petition for Support before a court of
competent jurisdiction.

SEC. 6. PAYMENT OF SUPPORT. - In instances where the parent in
need of support is not being maintained by his/her children in their dwelling,
or only one of the children of the parent concemed is taking care of him/her

4


war nneuwene

11
12
123
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34

in his/her dwelling, the share for the support of such parent by children who
has _no custody shall be paid within the first five (5) days of every month.

The court, in its discretion, may order for the payment of a lump sum
or a monthly allowance or periodical payment for such a period as the court
may determine taking into consideration the circumstances of the parties. The
manner and method of payment of support shall also be under the discretion of
the court.

SEC. 7. OPTION IN THE FULFILLMENT OF THE OBLIGATION TO
SUPPORT. - The children of the parent in need of support shall have the
option to fulfill the obligation either by paying the support fixed by the Support
Order, or by receiving and maintaining in the family dwelling the parent
concerned. The latter alternative cannot availed of in case there is moral or
legal obstacle thereto.

SEC. 8. SUPPORT ORDER. - A support order is an order issued under
this Act for the purpose of compelling the children to provide the necessary
support to their parent.

The order shall include the name of the children required to give support,
the amount necessary for the support of their parent and the share of each
children.

Itshall be immediately executor and no temporary restraining order or
iniunction shall be issued by any court. except the Court of Appeals to stay
the said order.

The order may be modified from time to time, upon motion of the applicant,
according to the necessities of the recipient and the resources or means of the
children obliged to furnish support.

In case of urgent need and by special circumstances, the court may
order only one of the children to furnish the support provisionally, without
5


Carvannewoune

10
1
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

prejudice to his/her right to claim from the other children the share due from
them.

SEC. 9. PETITION FOR SUPPORT. - A Petition for Support may be
filed in the Regional Trial Court with territorial jurisdiction over the place
of residence of the petitioner: Provided, however, that if a family court exists
in the place of residence of the petitioner, the application shall be filed with that
court.

The petition may be filed against one or more persons who have the
obligation to support the parent concerned. Children against whom a petition for
support has been filed may implead other children who are similarly liable to give
said support.

The death of one of the children of the parent in need of support will not
affect the liability of others.

The petition shall be resolved within ninety (90) days from the date of the
service of summons to the respondents. The period may be extended once for
a maximum period of thirty (30) days in exceptional circumstance and the
reason/s to be stated in the Order or decision.

SEC. 10, CONTENTS OF THE PETITION.- The petition must state
the following:

(a) _ the identity of the parent in need of support, his/her residence
and age;

(b) _ the facts showing that the parent in need of support is a senior
citizen, aged. sickly. or who regardless of age is oermanently
incapacitated or otherwise not capable of supporting
himselfihersetf,


woarvannevune

10
11
12

14
15
16
17
18
19
20
2
22
23
24
25
26
27
28

30
31
32
33

(oc)

(d)

(e)

that the parent in need of support is unable to maintain
himselffherself from his/her own earning or out of the property
owned by him/her or that he/she is permanently is incapacitated
or otherwise incapable of supporting himself Merself,

the names of the children, their degree of relationship with the
parent in need of support and their current status: and

the approximate amount and care needed by the parent in need of
‘support.

SEC. 11. WHO MAY FILE PETITION FOR SUPPORT. - The Petition for
Support may be filed by any of the followina:

(a)
(b)

(c)

(d)

)
(f)

the parent in need of support;

children of the parent in need of support against those who do not
provide or contribute for the support of the former;

ascendants, descendants or collateral _ relatives within the
fourth civil degree of consanguinity or affinity;

officers or social workers of the Department of Social Welfare
and Development (DSWD) or social workers of local government
units (LGUs);

lawyer or healthcare provider of the parent in need of support;

any person or institution who has the care of the parent in need
of support;

At least two (2) concerned responsible citizens of the city or
municipality where the parent in need of support resides.

SEC. 12. SUPPORT PENDENTE LITE. - The court, during the pendency
of the proceeding, shall, in accordance with the provisions of the Rules of Court,

order such children to provide interim support to their parent.

SEC. 13. RIGHT TO LEGAL REPRESENTATION. - The parent in
need of support shall be represented by the Public Attorney's Office (PAO)

7


Car nunewene

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

notwithstanding that the petition was filed by other persons or institutions for and
in behalf of such parent.

SEC. 14. PAYMENT OF COURT FEES. - The Petition for Support filed
by the parent need of support shallbe exempt from all court charges and
fees whether they filed the petition for support personally or the same was filed
in their behalf.

SEC. 15. CIRCUMSTANCES TO BE CONSIDERED IN THE ISSUANCE
OF SUPPORT ORDER. - The court. in arantina the Petition for Support. shall
consider, but shall not be limited to, the following circumstances:

(a) _ the financial needs of the parent in need of support, taking into
account reasonable expenses for housing and medical costs;

(b) the income, earning capacity, property and other financial
resources of the parent concerned and the manner in which such
parent has spent his/her savings or dissipated his/her financial resources;

(c) _ the physical or mental disability of the parent concerned;

(d) the income, earning capacity, property and other financial
resources of the respondent/s:

(e) the expenses incurred by the respondent in supporting his/her own,
requirements. his/her spouse and that of his/her children: and

(f) the contributions + and _ provisions, whether financial or
otherwise. which the respondent has made for the
maintenance of his/her parent.

SEC. 16. GROUND FOR NON-ISSUANCE OF SUPPORT ORDER. -

If the court determines after due notice and hearing that the parent in need of
support abandoned. abused or nealected, the respondent. it may dismiss the
8


Cav nnerwoune

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

petition or may reduce the quantum of support ordered by such amount as may
be just.

The burden of proving abandonment, abuse or neglect shall be on the
respondent alleging it

SEC. 17, POWER OF THE COURT TO VARY OR RESCIND SUPPORT
ORDER. - The court may vary or rescind any subsisting Support Order based
on any misrepresentation or mistake of fact, or where there has been any
material change in the circumstances of the parent in need of support or any of
his/her children or where other children are joined as respondent, or for other
good cause shown to the satisfaction of the court.

SEC. 18. CONCILIATION AND MEDIATION. - In order to preserve the
family unity and peace. the court. before hearina the petition. shall refer the
parties to a conciliation officer for mediation.

SEC. 19. EFFECT OF FAILURE TO GIVE SUPPORT. - Where a
Support Order has been issued by the court and the children so ordered fail to
comply. without sufficient cause or reason. the court may, for every breach of
order issue a warrant for levying the amount sue inthe manner provided for
levying of fines. Provided, That, if the respondent continues to fail in giving
said support for three (3) consecutive months without justifiable cause,
the respondent shall suffer the penalty of imprisonment of one month to six
months or a fine of One Hundred Thousand Pesos (P 100.000.00) at the
discretion of the court.

SEC. 20. | ABANDONMENT OF A PARENT IN NEED OF SUPPORT.
- Whoever, having the care or protection of a parent in need of support, leaves
such parent in any place with the intention of wholly abandoning the latter
shall be punished with imprisonment of six (6) years to ten (10) years and a
fine of not less than Three Hundred Thousand Pesos (P300,000.00)


woarvnusune

10
11
12
13
14
15

SEC. 21. ESTABLISHMENT OF OLD AGE HOME. - It is hereby
mandated that all provincial government and highly urbanized cities shall
establish and maintain at least one (1) Old Age Home that can accommodate
at least fifty (50) parents.

SEC. 22. SEPARABILITY CLAUSE. - If any provision of this Act is
declared unconstitutional, the same shall not affect the validity and effectivity of
the other provisions thereof.

SEC. 23. REPEALING CLAUSE. - All laws, decrees, orders and
issuances or portion thereof which are inconsistent with the provisions of this

Act are hereby repealed or modified accordinaly.

SEC. 24. EFFECTIVITY. - This Act shall take effect fifteen days after its
publication in at least two (2) national newspapers of general circulation.

Approved,

10