NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
>euatc
ot til?
72 JUL11 P4'-11
SENATE 
S. No. 256
RtCEIVED BV.
Introduced by Senator PIA S. CAYETANO
AN ACT
PROVIDING FOR SPOUSAL AND CHILD SUPPORT AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Under Article 15, Section 3 (2) of the 1987 Constitution, the State shall defend 
the right of children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions 
prejudicial to their development. Article 70 of the Family Code provides that the 
spouses are jointly responsible for the support of the family, which comprises 
everything indispensable for sustenance, dwelling, clothing, medical attendance, 
education, and transportation, in keeping with the financial capacity of the family.1 
Article 194 of the Family Code further states that the education of the person entitled 
to be supported shall include his schooling or training for some profession, trade, or 
vocation, even beyond the age of majority, and that transportation shall include 
expenses in going to and from school, or to and from a place of work. In February 
2022, the Philippines signed the Child Support Convention, which makes it both our 
national and international commitment to provide an easy way for children who were 
left behind to collect support, facilitate the applications of individuals seeking child 
support, including spousal support from foreign parents or spouses, and efficiently 
recognize and enforce support decisions even if rendered by foreign courts.2
1 Family Code, Article 194.
2 PH Signs Child Support Convention, (2022, February 24). Embassy of the Philippines, The Hague. 
https://thehaguepe.dfa.gov.ph/press-releases/1621-ph-signs-child-support-convention


To Filipinos, family always comes first, and having close family ties is one of 
our unique traits. Parents are primarily responsible for the support of their children. It 
is unfortunate that there are cases when parents neglect or willfully refuse to comply 
with their responsibilities of providing for the needs of their family or children, which 
is a constitutionally-protected right. Despite laws, such as Republic Act No. 9262, or 
the Anti-Violence Against Women and Their Children Act of2004 (VAWC Act), which 
penalizes economic abuse or the denial and/or refusal to provide financial support, 
there are parents or spouses who do not provide for their family, even if they are 
capable. Moreover, persons seeking to receive financial support need to file a case 
before a court, which is a lengthy and tedious process, and typically takes years to 
resolve.
This bill was originally drafted by the undersigned, which was inspired by a bill 
filed by the late Senator Miriam Defensor-Santiago in the 13th Congress. While this is 
the first comprehensive bill that seeks to address the gaps involving the claims for 
spousal and/or child support in the country, inputs from experts, including Family Law 
practitioners, will further enhance the mechanisms and policies provided under this 
bill. It seeks to simplify the process for claiming spousal and/or child support by 
making it administrative in nature. Instead of going to the courts, this proposed 
measure shall equip the Department of Social Welfare and Development (DSWD), 
through its Family Arbitrators, with quasi-judicial powers to determine the amount of 
support, based on the financial capacity of the person and the needs of the family, 
and ultimately resolve cases involving spousal and/or child support. In accordance with 
due process of law.
This bill shall also clarify that the support arising from spousal and familial ties 
under the Family Code shall be demandable even beyond the age of majority of the 
children, taking Into consideration the needs of the family and the financial capacity 
of the person legally obligated to provide the same. The bill also establishes other 
efficient and effective legal mechanisms in order to ensure compliance of spouses' or 
parents' legal obligation to give support to their family, such that even if they refuse.


or in their absence or physical Inability to provide the same, there shall be available 
modes of claiming spousal and/or child support. In this regard, the DSWD, in 
coordination with other government agencies, such as the Department of Labor and 
Employment (DOLE), Department of Migrant Workers (DMW), Department of Foreign 
Affairs (DFA), as well as local government units and barangays, shall be involved in 
ensuring and protecting the right of spouses and/or children to support. For the 
imposition of penalties on those who fail to pay, willfully evade, and withdraw or 
threaten to withdraw any spousal and/or child support obligation, the bill refers to 
provisions of relevant laws, including the VAWC Act.
In view of the foregoing, the immediate passage of the bill and approval of the 
same are earnestly sought.
PlilASr. CAYffTANi


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
256
S. No.
Senate
of tl)e
\y
'71 JULll P4:11
RECE'VcD BV;
Introduced by Senator PIA S. CAYETANO
AN ACT
PROVIDING FOR SPOUSAL AND CHILD SUPPORT AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the 'Spousal and Child
2 
Support Act"
3 
Sec. 2. Declaration of Policy. - Pursuant to Article 15, Section 1 of the 1987
4 
Constitution, it is the declared policy of the State to promote the family as the
5 
foundation of the nation, strengthen its solidarity, and ensure its total development.
6 
Article 15, Section 3 (2) of the 1987 Constitution further mandates the State to defend
7 
the right of children to assistance, including proper care and nutrition, and special
8 
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
9 
prejudicial to their development. Article 70 of the Family Code provides that the
10 
spouses are jointly responsible for the support of the family, which comprises
11 
everything indispensable for sustenance, dwelling, clothing, medical attendance,
12 
education, and transportation, in keeping with the financial capacity of the family.
13 
Towards this end, the State shall institutionalize mechanisms and provide necessary
14 
assistance to protect and enforce the rights of spouses and children to receive, among
15 
others, financial support.
16 
Sec. 3. Coverage. - This Act is limited to the legal obligation to provide financial
17 
support for spouses and/or children and does not include the provision involving
18 
financial support for other entitled persons as provided in the Family Code.


1 
Sec. 4. Spouse and/or Child's Right to Support. - In accordance with the Family
2 
Code, spouses and children shall continuously receive support, which is indispensable
3 
for their sustenance, dwelling, clothing, medical attendance, education and
4 
transportation, in keeping with the financial capacity of the family. The education of
5 
the person entitled to be supported shall include his or her schooling or training for
6 
profession, trade or vocation. Transportation shall include expenses in going to and
7 
from school, or to and from place of work: Provided, That child support shall be given
8 
even beyond the age of majority, depending on the needs of the child and in keeping
9 
with the financial capacity of the person legally obligated 
to provide the same:
10 
Provided Further, That in all cases, the best interest of the child shall be considered
11 
when agreeing on or determining the terms of the support, which includes the amount
12 
that should be provided.
13 
Sec. 5. Voluntary Spousal and/or Child Support. - Notwithstanding the
14 
provisions of the Family Code, the following persons may enter into a written
15 
agreement setting forth the specific terms for spousal and/or child support, in
16 
accordance with Section 4 of this Act and other relevant laws, including the Family
17 
Code:
18 
(a) 
The spouses;
19 
(b) 
The parents of the child; or
20 
(c) A parent, or the parents of the child and the guardian of the child:
21 
Provided, That for purposes of this Act, "guardian" shall refer to persons
22 
exercising substitute parental authority over the child as provided under
23 
Article 216 of the Family Code.
24 
Sec. 6. Involuntary Spousal and/or Child Support. - In case there is a denial,
25 
refusal, or failure to provide support by the person legally obligated to provide the
26 
same, the spouse and/or child may file a petition for spousal and/or child support with
27 
the Department of Social Welfare and Development (DSWD), through the Family
28 
Arbitrator. The person may file a petition before a Family Arbitrator in any of its
29 
designated offices nearest the said person's residence, which shall have the power to
30 
act on such petitions, in accordance with the provisions of this Act. The best interest
31 
of the child shall be the paramount consideration of the Family Arbitrator when
32 
deciding on petitions for involuntary spousal and/or child support.


1 
Nothing in this Act shall prevent or limit the neglected spouse and/or child from
2 
applying for any injunctive reliefer protection, including, but not limited to Barangay
3 
Protection Orders (BPOs), Temporary Protection Orders, and Permanent Protection
4 
Orders, or pursuing or filing any criminal case involving the violation of relevant laws,
5 
such as the Revised Penal Code and Republic Act No. 9262, otherwise known as the
6 
Anti- Violence Against Women and Their Children Act of2004.
1 
Sec. 7. Family Arbitrator. - A Family Arbitrator shall be a member of the
8 
Philippine Bar and must have been engaged in the practice of law in the Philippines
9 
with at least five (5) years of relevant experience. He/she shall act as the presiding
10 
officer, assisted by a DSWD social worker, over cases involving spousal and/or child
11 
support.
12 
Sec. 8. Powers and Functions of a Family Arbitrator. - The family arbitrators
13 
shall have the following functions:
14 
(a) Act on the petition for spousal and/or child support, on a case-to-case
15 
basis in accordance with due process of law;
16 
(b) Conduct hearings for the purpose of clarifying points of law or facts
17 
involved in the case;
18 
(c) Determine the amount for spousal and/or child support based on the
19 
financial capacity of the person legally obligated to provide support and
20 
the needs of the spouse 
and/or child, which shall be immediately
21 
executory;
22 
(d) If the person legally obligated to provide spousal and/or child support is
23 
willing to enter into an agreement, the assigned Family Arbitrator shall
24 
assist the parties in the execution of a written agreement.
25 
(e) Prepare a written summary of the proceedings, including the substance
26 
of the evidence presented, in consultation with the parties. The written
27 
summary shall be signed by the parties and shall form part of the
28 
records.
29 
(f) Render an award or decision within thirty (30) calendar days, without
30 
extension, after the submission of the case for decision: Provided, That
31 
the decisions and orders shall be clear and concise and shall include a
32 
brief statement of the (i) facts of the case; (ii) issues involved; (iii)


1 
applicable laws or rules; (iv) conclusions and the reasons thereof; and
2 
(v) specific remedy or relief granted. In cases involving monetary awards
3 
on spousal and/or child support, specifically include the amount awarded
4 
(g) Re-evaluate the awards according to the necessities of the recipient and
5 
the resources or means of the person obliged to furnish the same;
6 
(h) Exercise such other powers and functions as may be necessary or
7 
incidental to attain the objectives of this Act.
8 
Sec. 9. Jurisdiction over Spousai and/or ChiidSupport. - The Family Arbitrator
9 
shall have original and exclusive jurisdiction to hear and decide over all cases involving
10 
claims for spousal and/or child support, whether voluntary or involuntary. For
11 
voluntary spousal and/or child support, any agreement executed between the parties
12 
shall be binding between them without the need for DSWD's intervention: Provided,
13 
That the parties may seek assistance from the Family Arbitrator in cases involving
14 
conflicts or issues arising from the execution or implementation of a voluntary spousal
15 
and/or child support agreement.
16 
The proceedings before the Family Arbitrator shall be summary and non-
17 
litigious in nature. Subject to the requirements of due process, the technicalities of
18 
law and procedure and the rules in the courts of law shall not strictly apply thereto.
19 
The Family Arbitrator may avail of all reasonable means to speedily ascertain the facts
20 
of the controversy, including examination of persons.
21 
Sec. 10. Appeai of Famiiy Arbitrator's Awards or Decisions. - Decisions, awards,
22 
or orders of the Family Arbitrator may be appealed to the DSWD Secretary by any or
23 
both parties within fifteen (15) days from receipt thereof. The DSWD Secretary shall
24 
render a decision within thirty (30) days from receipt of the appeal. The judgment of
25 
the Family Arbitrator is immediately executory, notwithstanding the appeal filed before
26 
the DSWD Secretary.
27 
Sec. 11. Judiciai Recourse and Execution. - Decisions, awards, or orders of the
28 
DSWD Secretary may be appealed to the Court of Appeals by any or both parties
29 
within fifteen (15) days from receipt thereof. The judgment of the DSWD Secretary is
30 
immediately executory. An appeal from the judgment shall not stay the execution
31 
thereof. Any petition for certiorari, prohibition or mandamus f\\e6 based on the Rules
32 
of Court shall not cause the suspension of the administrative proceedings or execution


1 
of decisions, awards, or orders of the DSWD unless a restraining order is issued by a
2 
competent court.
3 
Sec. 12. Programs and Mechanisms on Spousal and/or Child Support. - To
4 
ensure that a spouse and/or child shall continue to receive financial support, even in
5 
the absence or physical inability of the person legally obligated to provide the same,
6 
the DSWD, in coordination with other government agencies, shall establish modes or
7 
mechanisms of claiming, resolving or addressing cases involving spousal and/or child
8 
support.
9 
(a) The Department of Labor and Employment (DOLE) and the Department
10 
of Migrant Workers (DMW) shall coordinate with local and foreign
11 
employers in establishing a system of claiming spousal and/or child
12 
support through, but not limited to, the following:
13 
(i) 
Automatic Salary Deduction.-
14 
(1) When the DSWD has determined an amount for support,
15 
it shall order the employer to deduct from the salary of the
16 
employee and directly deposit the same to the spouse,
17 
child, and/or legal guardian of the child: Provided, That
18 
due process of law was observed pursuant to the
19 
provisions of this Act.
20 
(2) When a spouse, parent, or a child's legal guardian,
21 
whichever is applicable, has agreed upon, an amount for
22 
support, the person legally obligated to provide the same
23 
shall, through a written document, authorize their
24 
employer to deduct from their salary a percentage for
25 
spousal and/or child support: Provided, That the amount
26 
thereby deducted shall be directly given by the employer
27 
to the spouse, child and/or legal guardian of the child.
28 
(ii) Automatic Money Remittance. - For Overseas Filipino Workers
29 
(OFWs), the spouse, parent, or child's legal guardian, whichever
30 
is applicable, shall be provided a copy of the expected salary of a
31 
person obliged to give support in order to come up with an
32 
amicable amount or percentage of salary that shall be


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
automatically remitted to the spouse, parent, or the child's legal 
guardian upon a written document signed by the employee.
(b) 
The Department of Foreign Affairs (DFA) shall review existing 
conventions and treaties with other countries in relation to spousal 
and/or child support, and provide concerned government agencies with 
instructions on obligating neglectful spouses or parents abroad to 
provide for their spouses or children left in the Philippines: Provided, that 
the DFA, through Philippine embassies abroad, and in coordination with 
the DMW, shall inform spouses, parents, or legal guardians of their 
neglected duties to their families left in the country, and apprise them 
of the imposable penalties of the country where they are staying, if any, 
in light of any convention or treaty that such country and the Philippines 
are both signatories.
(c) 
The Lupong Tagapamayapa shall act as a mediator and, as far as 
practicable, assist in a possible amicable settlement between the parties, 
in cases involving spousal and/or child support filed at the barangay 
level, in coordination with a duly recognized social worker assigned in 
the local government unit (LGU) where the barangay is located. The 
Barangay Council for the Protection of Children (BCPC) shall provide 
counseling and guidance to parents and children involved in support 
cases, and assistance to parents, who lack the resources for providing 
support, in finding employment or livelihood training available In the 
barangay or LGU.
(d) 
The DSWD, together with LGU social workers, shall closely work with 
barangay officials, by conducting training and seminars and providing 
modules on how to address, assist, and mediate parties in spousal 
and/or child support cases, especially on proper counseling of children.
(e) 
The Public Attorney's Office (PAO) shall provide training and seminars 
regarding the mediation of spousal and/or child support cases to the 
members of the Lupon Tagapamayapa, the BCPC, and social workers in 
the LGUs. The PAO shall send a representative to a barangay at least


1 
once a month to ensure effective mediation processes are being
2 
followed.
3 
Sec. 13. Assistance to Neglected Families. - The Professional Regulatory
4 
Commission (PRC) and Civil Service Commission (CSC) shall utilize their database to
5 
locate and compel neglectful spouses, parents, or legal guardians to fulfill their
6 
financial duty to their family: Provided, That only those who are able to prove, by
7 
competent evidence of identity, that they are the spouse, child, or the child's legal
8 
guardian, may seek assistance from the PRC and CSC: Provided Further, That access
9 
to the database shall be in accordance with the provisions of Republic Act No. 10173,
10 
or the "Data Privacy Act of 2012."
11 
(a) 
Cancellation of Professional Licenses. - The PRC and the CSC shall issue
12 
a notice for possible cancellation of license, if a professional continues
13 
to evade their duties to provide spousal and/or child support, in violation
14 
of applicable code of ethics of their professional regulatory boards and
15 
the CSC: Provided, That the claim is supported by available evidence and
16 
due process of law was observed.
17 
(b) 
Inclusion in Barangay Watchiist - All barangay councils shall coordinate
18 
with members of the neglected family in locating a neglectful spouse,
19 
parent, or legal guardian, and seek assistance from other barangays in
20 
finding or tracing a neglectful spouse, parent, or legal guardian who may
21 
be reported or found to be living in a different barangay.
22 
Sec. 14. Punishable Acts. - Any person who wilfully fails, refuses, evades,
23 
withdraws, or threatens to withdraw, or denies spousal and/or child support, or
24 
violates any provisions of this Act shall be penalized under relevant laws, including
25 
Republic Act No. 9262, or the Anti-Violence Against Women and their Children.
26 
Sec. 15. Implementing Rules and Regulations. - The DSWD, in coordination
27 
with the DOLE, DMW, DFA, PAO, LGUs, barangay councils, and other relevant
28 
government and non-government agencies, shall promulgate the rules and regulations
29 
Implementing the provisions of this Act within ninety (90) days from its effectivity.
30 
Sec. 16. Appropriations. - The amount necessary for the proper and full
31 
implementation of the provisions of this Act shall be incorporated in the annual General
32 
Appropriations Act.


1 
Sec. 17. Separability Clause. - If any provision or part of this Act shall be
2 
declared invalid or unconstitutional, the remaining parts or provisions not affected
3 
shall remain in full force and effect.
4 
Sec. 18. Repealing Clause. - All laws, decrees, executive orders, issuances,
5 
rules and regulations, or parts thereof inconsistent with the provisions of this Act are
6 
hereby repealed or modified accordingly.
7 
Sec. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
8 
publication in the Official Gazette or in at least two (2) newspapers of general
9 
circulation.
Approved,
8