FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 2519 
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Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
Section 4, Article XV of the 1987 Constitution provides that the family has 
the duty to care for its elderly members but the State may also do so through just 
programs of social security. 
Article 195 of the Family Code of 1988 also provides, to wit.: 
"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 anct illegitimate children of the latter; 
(4) 
Parents and their illegitimate children and the 
legitimate and illegitimate children of the latter; and 
(5) 
Legitimate brothers and sisters, whether full or half-
blood." 
The onset of urbanization and commercialization have brought with it 
certain factors that tend to erode Filipino family ties and values. The incidence of 
elderly people neglected by their children is therefore becoming not uncommon. 
This bill re-enforces the duty of children to care for their elderly parents, 
providing elderly persons with recourse to the law. The State shall provide the 
legal assistance to elderly people in the enforcement of their right to demand 
support from their relatives. 
In view of the foregoing, early passage of this bill is earne:;;s;,:.:.tl_~ 
MANUEL "LITO" M. LAPID 
Senator 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. '2519 
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Introduced by Senator Manuel "lito" M. Lapid 
AN ACT 
PROVIDING FOR THE MAINTENANCE AND SUPPORT OF ELDERLY 
MEMBERS OF THE FAMILY 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 "Maintenance of 
Parents Act of 2010." 
SEC. 2. 
Declaration of Policy. - It is the declared policy of the State to be 
cognizant of the debilitating financial resources of the elderly members of the family, 
Hence, the State must take positive steps to care for their needs through programs that 
strengthen the solidarity of the family and actively promote its total development 
SEC. 3. 
shall mean: 
Definition of Terms. - For purposes of this Act the following terms 
a) 
"elderly member" - refers to the father or mother or other direct 
ascendants of a particular child; 
b) 
"in need" - shall mean the elderly member who are already aged, sickly, 
disabled or otherwise incapable of supporting themselves; 
c) 
"support" - comprise everything indispensable for sustenance, dwelling, 
clothing, medical attendance, and transportation, in keeping with the financial 
capacity of the family. 
SEC. 4. 
Maintenance of Parents. - Children shall maintain and support 
their father or mother or other direct ascendants who are "in need." 
Where an elderly members appears to be in need, he/she may, by 
himself/herself or through a representative of the Department of Social Welfare and 
Development (DSWD), file a petition in court for his/her maintenance and support from 
any or all of his/her children. 


Upon trial the elderly member shall be represented by a lawyer from the public 
attorney's office and shall be exempt from all charges and fees. 
SEC. 5. 
Contents of the Petition. - The petition for maintenance and public 
attorney's office and shall be exempt from all charges and fees. Support must state: 
a) 
The facts showing that the elderly member appears to be aged, sickly, 
disabled or otherwise incapable of supporting themselves; 
b) 
The names of the children and their residence and current status in life. 
The petition shall be verified and shall be sufficient if based upon the information 
and belief of the petitioner. 
SEC. 6. 
Order of Hearing. - If the petition filed is sufficient in form and 
substance, the court, by an order reciting the purpose of the petition, shall fix the date or 
the hearing thereof and a copy of such order shall be served on the child/children 
required to maintain and support such elderly member. 
SEC. 7. 
Order of the Court. - The court may after notice and hearing, grant 
or deny the petition. Moreover, the court shall take into consideration the financial 
resources of the child/children and his obligation to maintain his own family before it 
orders the maintenance and support of the elderly member. 
SEC. 8. 
Implementing Rules and Regulations. - The Department of 
Social Welfare and Development (DSWD) shall make the rules and guidelines 
necessary for the proper implementation of this Act. 
SEC. 9. 
Repealing Clause. - No laws, orders, decrees, proclamation, rules 
and regulations or parts thereof which are inconsistent with any of the provisions of this 
Act are hereby repealed or modified accordingly. 
SEC. 10. 
Effectivity Clause. - This shall take effect fifteen (15) days after its 
publication in Official Gazette or in two (2) newspapers of general circulation. 
Approved,