RECEIVED
par 7 JUL 2016

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BY: de

REGISTRATION UNIT

Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

1289

House Bill No,

Introduced by Honorable Roy M. Loyola

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 bythat offspring,
incase 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 maintenance between children and parents in Roman society, In
medieval Europe, ethics dictated support of relatives. 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 a duty of parental support
on children was incorporated in the Code Napoleon. 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. *

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, New Jersey, North Carolina, North Dakota, Ohio, Oregon.
Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia
and West Virginia.

2 wm. Balckstone, Commentaries on Laws of England p. 442 (1765)
? 4 Comparative Analysis of Filial Responsibility: Itely and united States by Anna Marie de Giocamno

HOUSE °F REPRESENTATIVES



States with filial responsibility statutes take a variety 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 family ties, we have the usual inclination to care for our elderly. However.
even with this close family ties, there are elderly, sick and incapacitated parents
who were abandoned by their children. The sights of abandoned elderly in our
streets are now common. Chilaren 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:

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) 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.

However, despite said provision of the Femily 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
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 make sit 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 for the issuance of a support order against 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 will be assessed. This bill also seeks to establish Old Age


Home for 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

RY M. LOYOLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Bay

House Bill No. _

Introduced by Honorable Roy M. Loyola

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:

1 SECTION 1. SHORT TITLE.- This Act shall be known as the
“Parents Welfare Act of 2016”.

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SECTION 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

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are aged, sick, incapacitated and not capable of supporting themselves

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SECTION 3. In this Act, unless the context otherwise requires,

10 the following definition of terms shall be adopted:

"1 a) “children” includes son, daughter. grandson
12 granddaughter, whether biological or adoptive, but does not


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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.

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;

©) “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 cepacity of
the family,

SECTION 4, SUPPORT. - A parent in need of support who is
unable to maintain himself Merself from his/her own earning or out of the
property owned by him/her or whois incapacitated or otherw'se
incapable of supporting himseit erself 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
is may be just and equitable

financial capacity and in such manner

Grandchildren shall only be iiable_ 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.

SECTION 5. DEMAND FOR SUPPORT. - No demand for
support is necessary before the obligation: to support accrues. However,


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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 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

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
availed of in case there is 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 of the children required to give


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support, the amount necessary for the support of their parent and the
share of each children

It shall be immediately executor and no temporary restraining
order or injunction 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 mans 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.

‘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


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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)

(b)

(a)

the identity of the parent in need of support, his/her
residence and age;

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;

that the parent in need of supportis unable to maintain
himselffherself 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,

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,

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

(a)

(b)

the parent in neea of support,

children of the parent in need of support against those who


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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;

(9) 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, shail, in accordance with the
provisions of the Rules of Court, order such children to provide interim
support to thei

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 persons or
institutions for and in behalf of such parent.

SECTION 14. PAYMENT OF COURT FEES. - The
Petition for Support filed by the parent need of support shall be exempt
from all court charges and fees whether they filed the petition for


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support personally or the same was filed in their behalf.

SECTION 15. CIRCUMSTANCES TO BE CONSIDERED IN
THE ISSUANCE OF SUPPORT ORDER. - The cout, in granting 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;

(4) 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

SECTION 16. GROUND FOR NON-ISSUANCE OF SUPPORT

ORDER. - If the court determines after due notice and hearing that the



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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 abandonm:
on the respondent alleging it

ent, abuse or neglect shall be

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 are joined as respondent, or for other good
cause shown to the satisfaction of the court.

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 sue in
the manner provided for levying of fines Provided, That. if the
Fespondent 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.


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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 (P300,000.00)

SECTION 21. ESTABLISHMENT OF OLD AGE HOME. - tis
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 days after its publication in at least two (2) national newspapers

of general circulation.

Approved,