EIGHTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
First Regular Session
S E N A T E
s.B. fio. 
29
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T9 
JUL “ 1 
A10 S3
Introduced by SENATOR LACSON 
’
AN ACT
PROVIDING FOR PARENT SUPPORT, AND FOR OTHER PURPOSES.
EXPLANATORY NOTE
they who protected the weakness of our infancy, are entitled to our 
protection in the infirmity of their age; they who by sustenance and education 
have enabled their offspring to prosper, ought in return to be supported by that 
offspring, in case they stand in need of assistance.1
Filial responsibility statutes or the rules mandating children to provide 
support to their parents existed for over thousands of years. As early as the third 
century A.D. in Roman society, there were statutory mutual obligations of support 
and maintenance between children and parents. Ethics also dictated support of 
relatives in medieval Europe. This ethical standard developed by custom and 
usage into support laws from parent to child and, ultimately, from child to parent. 
Later, a law imposing the duty of parental support on children was incorporated in 
the Code Napoleon, the civil code enacted in the 1800s, which became the main 
influence of 19th-century civil codes of most countries of continental Europe and 
Latin America. In 1601, a relative 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, Iowa, Indiana, 
Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, 
New Hampshire, New Jersey North Carolina, North Dakota, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vemiont, Virginia 
and West Virginia.
States with filial responsibility statutes take a variety of approaches to 
implementation. There are those who 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.
’ Wm. Blackstone, Commentaries on the Laws of England p. 442 (1765)
A comparative analysis of Filial Responsibility: Italy and United States by Anna Maria De Giacomo


, J
We, Filipinos, are well-known for our close family ties. Because of this, it 
is not surprising that we have the usual inclination to care for our elderly. 
However, even with this close family ties, there are cases of elderly, sick, and 
incapacitated parents who were abandoned by their own children. Nowadays, the 
sights of abandoned elderly in our streets become typical. Children fail to provide 
the necessary support to their 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 same vein, our Family Code imposes on us the legal obligation to 
support our elderly. Article 195 of our Family Code provides:
Article 195. Subject to the provisions of the succeeding articles, the 
foil owing 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
illegitimate children of the latter;
and their legitimate children and the legitimate and
(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of 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 
abandoned by their children. While government is doing its best in providing 
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 
members of the society is not only the function of government, but rather it is a 
shared responsibility of government and the children of said elderly. The care for 
the 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 to make it a criminal offense in case of flagrant violation thereof 
Abandonment of a parent in need of support shall likewise constitute a criminal 
act. A parent who is in need of support may file a petition for support before the 
court and pray tor the issuance of a support order against those children who failed 
or refused to provide the necessary support. The legal representation of the parent 
in need of support will be provided by the Public Attorney’s Office and no court 
fees will be assessed. This bill also seeks to establish Old Age Home for the 
elderly, sick or otherwise incapacitated parents in eveiy province and highly 
urbanized cities.
In light of the foregoing, the passage of this bill is earnestly requested.
P aiitilo i^ ^acso n
dilator


EIGHTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S.B.No. 
29
/OV 1HE 
.
4^'^RECEIVED'f
l5°DATE:^M ?_l1M a“
TIME: 
10 • 5u3 
\  BY:
BILLS S IIINDEX
Introduced by SENATOR LACSON
AN ACT
PROVIDING FOR PARENT SUPPORT, AND FOR OTHER PUI^POSES.
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled:
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SECTION 1. Short Title. - This Act shall be known as the '’“'Parents 
Welfare Act of 2019”.
SECTION 2. Declaration of principle. -Pursuant to Article XV, Section 4 
of the Constitution, it is the duty ot the tamily to take care ol 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.
SECTION 3. 
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 lully take care ol themselves due to a physical or 
mental disability or condition;
b) “parent in need of support” refers to the father or mother or other direct 
ascendants who is a senior citizen, aged, sickly, or who, regardless of age,


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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;
SECTION 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.
If the 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 if 
they are unable to fully take care of themselves due to physical or mental disability 
or condition.
SECTION 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.
SECTION 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 concerned is taking care of him/her 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


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determine taking into eonsideration the circumstances of the parties. The manner 
and method of payment of support shall also be under the discretion of the court.
SECTION 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 be availed of in case there is a moral or legal obstacle thereto.
SECTION 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/s of the children required to give support, 
the amount necessary for the support of their parent, and the share of each of the 
children.
It shall be immediately executory and no temporary restraining order or 
injunction shall be issued by any court, except the Supreme Court, 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 prejudice to 
his/her right to claim from the other children the share due from them.
SECTION 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.


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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.
SECTION 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 permanently incapacitated or otherwise 
not capable of supporting himself/herself;
c) that the parent in need of support is unable to maintain himselfherself 
from his/her own earning or out of the property owned by him/her or that 
he/she is permanently incapacitated or otherwise incapable of supporting 
himself/herself;
d) the names of the children, their degree of relationship with the parent in 
need of support and their current status; and,
e) the approximate amount and care needed by the parent in need of support.
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SECTION 11. Who may file Petition for Support, -The Petition for
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Support may be filed by any of the following:
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a) the parent in need of support;


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b) children of the parent in need of support against those who do not provide 
or contribute for the support of the former;
c) ascendants, descendants or collateral relatives within the fourth civil degree 
of consanguinity or affinity;
d) officers or social workers of the Department of Social Welfare and 
Development (DSWD) or social workers of local government units 
(LGUs);
e) lawyer or healthcare provider of the parent in need of support;
f) any person or institution who has the care of the parent in need of support;
g) At least two (2) concerned responsible citizens of the city or municipality 
where the parent in need of support resides.
SECTION 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.
SECTION 13. Right to Legal Representation. -  The parent in need of 
support shall be represented by the Public Attorney’s Office notwithstanding that 
the petition was filed by other person/s or institution/s for and in behalf of the 
parent.
SECTION 14. Payment of Court Fees. -  The Petition for Support filed by 
the parent in need of support shall be exempt from all court charges and fees 
whether they filed the petition for support personally or the same was filed in their 
behalf
SECTION 15. Circumstances to be considered in the Issuance of Support 
Order. -  The court, in granting the Petition for Support, shall consider, but shall 
not be limited to, the following circumstances:


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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, properly 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.
SECTION 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 neglected the respondent, it may dismiss the 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.
SECTION 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 is joined as a respondent, or for other good cause shown to 
the satisfaction of the court.


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SECTION 18. Conciliation and Mediation. -  In order to preserve the 
family unity and peace, the court, before hearing the petition, shall refer the parties 
to a conciliation officer for mediation.
SECTION 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 due in the 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 (PhP 100,000.00) at the discretion of the court.
SECTION 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 (P 300, 000.00).
SECTION 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.
SECTION 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
SECTION 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 accordingly.
SECTION 24. Effectivity. -  This Act shall take effect fifteen (15) days 
after its publication in at least two (2) national newspapers of general circulation.


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Approved,