FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
1338 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
It is the primary responsibility of the State to promote the rights of children to 
survival, development and special protection of their well-being. Children count on 
their parents for material, educational and medical support necessary to become 
productive members of our society. 
The acts punished in Republic Act No. 7610, as amended, otherwise known as 
the Special Protection of Children Against Child Abuse, Exploitation and 
Discrimination Act, and Presidential Decree No. 603, as amended, otherwise known 
as the Child and Youth Welfare Code, fail to include the willful failure to pay child 
support. 
The State must protect and defend the right of children to child support, and 
parents must be responsible for their children. A law punishing the willful failure to 
pay child support must therefore be enacted. 
In view of the foregoing, early passage of this bill is earnestly requested. 
~LoiE~-
Senator 


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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 1338 
Introduced by Senator Loren Legarda 
, 
AN ACT 
PUNISHING THE WILLFUL FAILURE TO PAY CHILD SUPPORT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration of Policy. - It is the policy of the State to promote 
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the best interests of children and to protect and defend the right of children to child 
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support. 
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Sec. 2. Definition of Child Support. - For purposes of this Act, child support 
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refers to any amount determinetl by a court in a judgment, decree, or order to be 
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due from a person for the support and maintenance of a child. It includes a 
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permanent or temporary order and an initial order or a modification of an order for 
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child support. 
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Sec. 3. Willful Failure to Pay Child Support. - Any person who willfully fails 
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to pay child support, if such an obligation has remained unpaid for at least one (1) 
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year or has an outstanding amount due of Fifty Thousand Pesos (P50,OOO.OO) or 
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more, shall be punished by prision correctional under the Revised Penal Code. 
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Sec. 4. Presumption. - The existence of a child support obligation that has 
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remained unpaid for at least one (1) year or has an outstanding amount due of Fifty 
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Thousand Pesos (P50,OOO.OO) or more, despite demand, as alleged in the Complaint 
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or Information creates a disputable presumption that the person has willfully failed 
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to pay child support. 
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Sec. 5. Probation. - Should the parent avail of probation after conviction and 


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sentence under this Act, the probationer shall meet his or her family responsibilities 
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and pay child support as part of the condition for probation. 
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Sec. 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, rule or regulation inconsistent with the provisions of this 
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Act is hereby repealed or modified accordingly. 
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Sec. 7. Separability Clause. - If any portion or provision of this Act is 
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declared unconstitutional, the remainder of this Act or any provision not affected 
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thereby shall remain in force and effect. 
II 
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Sec. 8. Effectivity Clause. -This Act shall take effect fifteen (15) days after its 
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publication in at least one (1) newspaper of general circulation. 
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Approved, 
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