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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTII (19th) CONGRESS
Second Regular Session
House Bill No.
8697
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Introduced by: Hon. Ma. Victoria Co - Pilar
EXPLANATORY NOTE
Filipino children are one of the vulnerable sectors of our country. They are not
capable of taking care of themselves or provide for their own basic needs due to their
physical and mental weakness, lack of knowledge, or skills.  This is precisely  the
rationale  that  under  Article  11  Section  13  of  the  1987  Constitution,  the  State  is
mandated  to  promote  and  protect  Filipino  youths'  physical,  moral,  spiritual,
intellectual, and social well-being.
Moreover,  the State as p¢re7ts pflfrrfe  shall make  sure  that parents  or  other
persons obliged to give financial support are fulfilling their duties to take care of them
and provide them with proper shelter, adequate nutritious food, education, health
and medical needs to ensure their safety and development of their physical, mental
and social well-being to enable them to fulfill their vital role in nation building in the
future.
In the event that one or both of the parents or other persons obliged to provide
financial support to the child/children fail, unable, or refuse to fulffll their obligation
to provide the child's basic needs, the State shall intervene to take the necessary steps.
A step toward this end is to make the failure or refusal to give financial support
withoutjustifiablereasonacriminaloffense,grantprovisionalremedytotheoffended
party and provide corresponding penalties therefor in order to compel the parents or
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other  persons  obliged  to  give  financial  support  to  fulfill  their  moral  and  legal
obligation to the child/ children.
In this way, the State not only ensures children's access to proper care and
nutrition, but afforded them special protection from all forms of neglect and other
conditions prejudicial to their development.
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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTII (19th) CONGRESS
Second Regular Session
HouseBi||No.8697
Introduced b : Hon. Ma. Victoria Co - Pilar
AN  ACT  DEFINING  NON-FINANCIAL  SUPPORT  0F  CHILD/CHILDREN,
PROVIDING   PROVISIONAL   REMEDY,   AND   PRESCRIBING   PENALTIES
THEREFOR
Be it enacted by the  Senate and the  House Of Representatives of the Philippines in
Congress assembled:
1       SECTION 1. Shor£ Ti.£fe - This Act shall be known as the ``the  "Antr.-JVorLFi.riciner.CZZ
2     Support of chiidTenAer.
3
TITLE I
INTRODUCTORY PROVISIONS
6
7      SECTION 2. DccJ¢rflfror! a/PoJi.ey It is established policy of the state to give greater
8      protection to one of the vulnerable sectors of our society, the children. The state shall
9      protect the rights of the children and guarantee that they are provided of their basic
10      needs such as nutritious foods, adequate shelter, education, health and medical needs,
11
12      The said state policy is in harmony with Article Il section 13 of the 1987 Constitution
13      which makes it a mandate of the State to promote and protect the physical, moral,
14      spiritual, intellectual and social well-being of Filipino youths.
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1     Lastly, the philippines as a party to the united Nations convention of the Rights of
2      the Child must fulfill its commitment to exert best efforts to promote the physical,
3      mental, and social well-being of children in order for them to become productive
4      members of the society in the future.
5
6      SECTION 3. Dcf7iI.fro7i a/Terms -As used in this Act, the following terms are defined
7      as follows:
8
9                  a.   Col.Zdre„ refers to those persons below eighteen (18) years of age or older
10                       but are incapable of taking care of themselves or protect themselves due to
11                        physical or mental disability or condition;
12
13                   b.   H.i'z¢7tcz.¢J S"ppor£ -An amount of money necessary for child's sustenance,
14                       shelter, clothing, education, medical attendance and transportation based
15                        on the financial capacity of the obligor and social status of the family;
16
17                   c.   Sztppor£ PerzdeHfe Li.fe -a financial support that may be demanded from the
18                       erring parent/parents or other persons obliged to give financial support
19                       during the pendency of the crindnal proceedings.
20
21      SECTION 4. Go7ts£"cfro7t - This Act shall be liberally constnied to ensure prompt
22      delivery of the basic needs of the children which are necessary to promote their well-
23      being and protect their rights and safety.
24
TITLE 11
FINANCIAL SUPPORT
27
28       SECTION 5. PersoHs £7if±.£Zed fo Fi.H¢7ici.¢J sap]7orf -the following persons are entitled
29      to financial support:--
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31
32
33
34
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a.   Legitimate child/children
b.   Legitimated child/children
c.   Adopted child/children
d.  Illegitimate child/children
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1       SECTION 6. Perso7is obzi.grd fo gt.zJc /37i#7ici.¢Z s"pporf -the legal responsibility to give
2     financial support shall pass upon the following persons in the order herein provided:
3--
4
5
6
7
8
9
10
11
12
1.  Father  and  mother,  whether  legitimate,  legitinated,  adopted,  or
illegitinate, are jointly and mutually obliged to give financial support to
their child/ children;
2.   Surviving grandparents;
3.   The oldest brother or sister above twenty-one years of age, unless unfit or
disqualified;
4.   The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified.
13
14      SEC"ON 7. Bases f or deterndving the monthly f roancial support -tine aimour\+ Of mon±hiy
15      support  of  a  child/children  shall  be  determined  by  the  following  factors:--  (a)
16      financial resources or means of the obligor; ®) the necessities of a recipient child, and
17      (c) social status of the family.
18
19      The monthly financial support shall be reduced or increased in proportion to the
20      reduction and  increase  of  the necessities  of the  recipient child  and  the  financial
21      resources or means of the person obliged to give support, as provided by Article 202
22      of theFamilycode.
23
24      SECTloRI  8.  Options Of Persons  Obliged  to  Give  Support - Persor\s  obliged to  give
25      support mentioned in section 6 of this Act shall have the following options of fulfilling
26     his/her obligation in order herein provided-
27
28           a)  Pay the amount of monthly financial support agreed upon by the parties or
29                  fixed by the court;
30            b)  Deliver the basic necessities of the chid which includes but not limited to food,
31                 shelter, clothing, education, health and medical needs equivalent to amount of
32                 the monthly financial support agreed upon by the parties or fixed by the court;
33            c)   Receiving and maintaining the child/children on the family dwelling. Proz".did,
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35
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37
That this option carmot be availed of if there is moral or legal obstacle. ProzJz.did
¢rfker, That in exercising the options herein provided, the obligor must take
into consideration the best interest of the child/ children.
5


TITLE Ill
PROHIBITIVE ACTS AND PENALTIES
3
4      SECTION  9.  The  criminal  offense  of  non-financial  support  of  child/children
5      committed by the persons obliged to give them support under section 6 of this Act
6      shall be punished according to the following rules:
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8
9
10
11
12
13
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a)  If the offended party is three between (3) years and seventeen (17) years of age,
the penalty of imprisonment shall be  one (1) day to thirty (30) days;
b)  If the offended party is three (3) years old and below or eighteen (18) years old
and above but with disability or special needs, the penalty of imprisonment
shall be one (1) month and one (1) day to six (6) months;
c)   If the offended party is three (3) years old and below with disability or special
needs, the penalty shall be six (6) months and one (1) day to six (6) years.
15      SECTION 10.  Vc7iwc -The Regional Trial court designated as a Family court shall
16      have original and exclusive jurisdiction over violation against failure or refusal to
17      provide financial support to child/children under this Act. In the absence of the said
18      court, the criminal case shall be filed in the Regional Trial court in the place where
19      the crime is committed.
T0      SBC"OIN T1. Who may foe for Crindnal Offonse for Failure or Refusal to Give Monthiy
21      Fi.7t#7Ici.flz   Swpporf   -   A  criminal   complaint  may   be   filed   by   in   behalf   of   the
22     child/children by the following persons who have a personal knowledge in the order
23      herein provided, to wit: --
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25
26
27
28
29
30
31
32
a.   innocent parent of the offended party;
b.  legal guardian of the offended party;
c.   ascendants, descendants or collateral relatives within fourth civil degree of
consanguinity or affinity of the offended party;
d.  officers or social workers of DSWD or social worker of local government units
(LGUs);
e.   lawyer of the offended party;
f .   At least two (2) responsible residents of the barangay where the offended
party is residing.
33      SECTro" 12. Exemptionf rom Fees and other Legal Expenses -If tine o££ended pzLrty or
34      the persons authorized to file a criminal complaint under section 11 of this Act are
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1     indigent, upon filing of the criminal case by the city prosecutor and/or the court shall
2      accept such case without payment of fees and transcript of stenographic notes.
TITLE IV
PROVISIONAL REMEDY
6
7      SECTION 13. The child or offended party may avail of the provisional remedy of
8      S#ppor£ Pe7ide7zfe LI.fe under Rule 61 of the Rules of court.
9
10
TITLE V
FINAL PROVISIONS
13
14      SECTION 13. fropfemc7ih.7ig R#fes flHd Regr!afro„s -The Department of Justice, in close
15      coordination  with  the  Department  of  Social  Welfare  and  Development  shall
16      promulgate rules and regulations of the efficient and effective implementation of this
17       Act.
18
19      SECTION 14. Swppfefory prorJ!.sl.o7ts -The Family code, the Revised penal code and
20      the Rules of court shall have a suppletory application for the purpose of this Act.
21
22      SECTION 15. Sapflntzbe.Zt.fy aflwse -If any portion or provision of this Act is declared
23      unconstitutional  or  invalid,  the  remaining  provisions  not  affected  thereby  shall
24      continue to be in full force and effect.
25
26      SECTION 16.  Rape4zJi.7Ig  a¢"se -  AIl laws,  executive orders,  proclamations,  rules,
27      regulations  and  other  issuances  or  parts  thereof which are  inconsistent with the
28      provisions of this Act are hereby repealed, amended or modified accordingly.
29
30      SECTION 17. £#€cft.z„.fy -This Act shall take effect fifteen (15) days after its complete
31      publication in the official Gazette or in a newspaper of general circulation.
Approved,
7