There were discussions about a proposed law which seeks to penalize the refusal or failure of “any person” to pay “legal child support.” This refers to the proposed “Child Support Enforcement Act” (House Bill No. 6079 during the 16th Congress; House Bill No. 387 during the 17th Congress), which seeks to penalize the refusal or failure of “any person” to give legal child support without justifiable cause. While the proposed law covers “any person”, reading the provisions gives the impression that it basically threatens the father of the child with imprisonment in case of failure or refusal to give support.
The proposed “Child Support Enforcement Act” was not passed. Nevertheless, there are existing laws applicable to child support in the Philippines. These are:
FAMILY CODE OF THE PHILIPPINES
The basic law on support is the Family Code. As noted in a previous post, Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other:
- (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;
- (5) Legitimate brothers and sisters, whether of full or half-blood; and
- (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.
Parents have the legal duty to support their children, whether legitimate or illegitimate. As to the amount, it is proportional to the resources or means of the giver and the necessities of the recipient. The father and the mother may agree on the amount and manner of payment of child support.
In the absence of such agreement, the court will decide the matter based on the applicable provisions of the Family Code. It is important to note that the decision of the court is never final, considering that support is based on the child’s needs, which may change, and the parent’s capacity to pay, which may also change.
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
The “Anti-Violence Against Women and their Children Act of 2004“ (Republic Act No. 9262) defines specific offenses which can only be committed by the father/husband/partner against the child/wife. The Anti-VAWC law is specifically directed against men, which is what the proposed “Child Support Enforcement Act” sought to cover.
R.A. 9262 covers economic abuse. Acts of violence against women and their children include: “causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.”
The father may also be made criminally liable for acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct. These acts include depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support.
These are acts penalized as separate crimes under R.A. 9262, punishable with imprisonment.
- Extension of Filing Periods and Suspension of Hearings for March 29 to April 4, 2021: SC Administrative Circular No. 14-2021 (Full Text) - March 28, 2021
- ECQ Bubble for NCR, Bulacan, Cavite, Laguna and Rizal: Resolution No. 106-A (Full Text) - March 27, 2021
- Guidelines on the Administration of COVID-19 Vaccines in the Workplaces (Labor Advisory No. 3) - March 12, 2021
Can the father Ask for financial support from the mother of the child? and How much should the father support for the needs of his child? Is there percent on his salary to give for his support?
Hi Rhea. Both parents are required to support the child, so, technically, the mother can also be asked to pay for support of the child (but we haven’t encountered any case wherein the child’s father is asking for support from the mother). There is no fixed amount or percentage. It always depends on the needs of the child and the capacity of the parent. Good luck.
Is it okay not to beg for child support from the father? What if, the father asks for visitation or custody of the child, after giving birth, without receiving any support from conception to delivery of the child? Does he have the right for it? He said na, solohin ko na lang ung baby. I don’t want to beg for the support, right now, but it’s the right of my child, how will I reiterate it to him?
I’m 4mos pregnant out of wedlock.
Good day atty..i really need help po about my situation..Sa legal support ng tatay ng 2 kong anak..preho po silang nsa private school at napagkasunduan nmin na xa ang susuporta sa pagaaral ng isa at ako naman po sa isa pa nming anak..at monthly ay magbibigay xa ng allowance..5k po ang binibigay nya..pero po ngayon ay ginawa nya na 3k na lng.saakin po nkatira ang mga bata.nagrerent lng po kmi ng bahay.medication at clothing ng mga bata at iba pang pangangailangan ay sakin na po lahat..gusto q lng po malaman kung ano po ba ang dapat na natatanggap ng mga bata.?ang tatay po nila ay regular na govt employee ng pasay..ako po ay online seller.sana po ay matulungan nyo po aq.
hi how to compute a child support
example a father salary is only 383 ler day and have one illegitimate child and 2 two liegitimate child
Is it okay if the child (18 yrs old) will be the one to file a complaint for child support against his mother if his mother who works abroad should deny or deprive to sustain the child’s educational needs in College?
Hello po! ask ko lang po, considered as child support po ba ang pag bibigay ng grocery? 7 years ago simula po ng nag hiwalay po kami ng father po ng anak ko, he never give financial support until now na 8 years old na po ung bata. Dinadalaw lang lang po siya minsan ng father niya and may dalang grocery. Pwede po ba ako mag file sakanya para mahingan po siya ng proper financial support sa anak kopo? how po thanks po!
Hello po.
Yung friend po namen pinapunta po kanina sa DSWD dito samen, her wife po is asking support para po sa bata. But si wife po is demanding 70% sa kanya pong sahod, yun din po sabi ng tauhan dun sa Local office po nila. Kasi as per sabi na ” pag umabot pa ng PAO maging 75% na po.,”. Si friend po namin is probee pa po sa work at yung sahod nya po is 9k a month (provincial rate). Is it true po ba na need pa na kunin ni wife yung atm nya?
Maraming Salamat po.
how about in my case that my father refused to give support to me and he didn’t supported for almost 5years until now that I’m 19yearsold and struggling for my education and working at the same time since 16years old up to now. I really want some help about this case of mine.
The law should be amended, same as in the US. The child support is automatically deducted to father’s (usually) paycheck & sent to the child’s bank account.
Hello, the father of my child is a seafarer and since its pandemic my ex told me that he cannot give financial support since he is jobless… but is there anyway i can ask support from him?! After getting me pregnant then marrying another girl?! Please i need your advice. Thank you