Proposed Bill Seeks Harsher Penalties for ‘Deadbeat’ Fathers, Sets Fixed Amount For Sustento

A group of lawmakers recently introduced legislation aimed at establishing a fixed financial support system for non-custodial fathers, imposing penalties, including imprisonment and substantial fines, on parents who neglect their financial responsibilities.

The proposed House Bill 8987, known as the "Paternal Child Support Responsibility Act of 2023," was jointly sponsored by ACT-CIS Representatives Erwin Tulfo, Edvic Yap, and Jocelyn Tulfo, as well as Benguet Representative Eric Yap and Quezon City Representative Ralph Tulfo, and was submitted on August 29.

The explanatory note of HB 8987 cited a recent World Health Organization study indicating that 15 million Filipinos are solo parents, with 95% of them being women. It emphasized the urgent need to enforce paternal child support more rigorously, particularly given that a majority of deadbeat parents are fathers, and proposed stricter penalties for neglecting this responsibility.

The existing Republic Act 9262, also known as the Anti-Violence Against Women and their Children Act, already considers being a deadbeat parent as a form of economic abuse, defining it as a parent who has "abandoned his/her parental obligation" or is "unwilling to pay his/her child support obligation."

However, the new bill seeks to determine a specific amount for paternal child support and streamline the process of establishing paternity.

What is the required support amount?

According to the legislative proposal, child support refers to regular financial contributions made by one parent to the other to ensure adequate financial support for their mutual child or children.

Section 5 of the bill provides further clarification regarding the obligations of non-custodial parents:

"The amount of Paternal Child Support per child shall be at least ten percent (10%) of the father's salary. However, this Act mandates that a paternal child support per child shall not be lower than Six Thousand Pesos (P6,000.00) per month, which is equivalent to Two Hundred Pesos (P200.00) per day."

In addition to child maintenance, the support may also cover expenses related to the child's medical care, education, transportation, arrearages, reimbursement, as well as associated costs, fees, interest, penalties, income withholding, legal fees, and other relief measures.

A paternal child support order would legally bind fathers to provide financial support for their children and specify the monthly amount owed, along with any arrears, if applicable, and the payment method.

What are the penalties?

The bill outlines penalties for individuals who willfully fail to meet their paternal child support obligations, in accordance with RA 9262. Offenders could face imprisonment for a term of six to 12 years and a fine ranging from P100,000 to P300,000, as determined by the court, if they have not paid their obligation for a year. These penalties are considerably higher than the penalties currently stated under RA 9262, which imposes a penalty of six months to six-year imprisonment for depriving or threatening to deprive women and children of financial aid.

Similar measures would apply if an individual has an outstanding balance of P50,000 or more. Inter-country agreements would also be enforced if the offending party is a Filipino residing overseas.