Demand Letter for Child Support in the Philippines — A Comprehensive Legal Guide
1. Why a “Demand Letter” Matters
A demand letter for child support is a formal, written, extrajudicial notice asking an obligated parent (usually the father, but not exclusively) to provide or increase support. While Philippine law does not make the letter a jurisdictional prerequisite to filing suit, it is widely used because it:
| Benefit | Practical Effect |
|---|---|
| Fixes retroactivity | Under Family Code (FC) Art. 203, support becomes collectible only from the date of judicial or extrajudicial demand. A letter locks in that date without going to court. |
| Shows good faith & may spur settlement | Courts look favorably on parents who tried conciliation first; it can also avoid litigation costs. |
| Interrupts delay & may justify interest/penalties | Under Civil Code Art. 1169 (on demand & default), a clear written demand places the obligor in mora (delay). |
| Serves as evidence in later cases | It is admissible as a private document if authenticated (Rule 132, Sec. 20, Rules of Court). |
2. Legal Foundations of Child Support
| Source | Key Points |
|---|---|
| 1987 Constitution, Art. XV §3 | The State shall defend children’s right to assistance, including proper care and nutrition. |
| Family Code of the Philippines (E.O. 209, as amended) | Arts. 194-208 govern support: who may demand it, its scope (food, shelter, clothing, medical, education, transportation & reasonable recreation), proportionality to the giver’s resources, and priority among claimants. |
| R.A. 8369 (Family Courts Act of 1997) | Creates exclusive jurisdiction in Family Courts over “petitions for support.” |
| A.M. No. 03-04-04-SC | Summarizes summary procedure for petitions for support and joint custody/support cases. |
| R.A. 9262 (Anti-VAWC, 2004) | Non-provision of support may constitute economic abuse (§3-D, §5-e). Demand letters are routinely attached to criminal complaints to prove willful refusal. |
| Civil Code Arts. 1950-1954 (still supplementary) | Retroactive support and reimbursement rules. |
| Barangay Justice System (R.A. 7160, Chap. VII) | If both parents reside in the same barangay, a demand letter is often followed by a Punong Barangay or Lupon Tagapamayapa mediation; this is compulsory before filing a civil action (except where the child or parent resides elsewhere, or in cases involving violence). |
3. Who May Demand & Who Must Provide
| Recipient (FC Art. 195-196) | Obligors (in order) |
|---|---|
| Legitimate & illegitimate children (equal entitlement, FC Art. 208) | Parents - both biological and adoptive |
| Grandchildren (if parents incapacitated) | Grandparents |
| Siblings (minors or handicapped) | Brothers & sisters, full or half-blood |
4. Essential Elements of a Demand Letter
Complete Identification Name, age, and address of child and obligor; include Birth Certificate reference if available.
Statement of Facts
- Relationship/paternity (marriage, acknowledgment in birth certificate, DNA, etc.).
- Previous support, if any, and when it stopped or became insufficient.
Legal Bases
- Cite pertinent provisions (FC Arts. 194-208; R.A. 9262 if relevant).
- Emphasize constitutional duty of parental support (Constitution Art. XV).
Specific Demand
- Amount (itemized budget or % of take-home pay).
- Due date (reasonable, e.g., within ten [10] days from receipt).
- Mode of payment (bank transfer, GCash, post-dated checks).
Consequences of Non-Compliance
- Civil action for support (Petition for Support and Protection Order).
- Possible criminal liability under R.A. 9262 §5-e (economic abuse).
- Administrative/POEA complaint if the obligor is an OFW or government employee.
Demand for Continuing Compliance
- “Support is a continuing obligation; amounts may be increased as necessary.”
Closing & Signature
- Signed by parent-guardian or counsel; notarization is strongly advised.
Attachments (as annexes)
- Child’s birth certificate;
- Income/expense computation;
- Receipts of school fees, medical bills;
- Proof of delivery if previous partial support was given.
5. Service & Proof
| Mode | Best Practice |
|---|---|
| Personal delivery | Request the obligor to sign “received copy.” Bring one witness. |
| Registered mail | Keep the registry receipt & PS Form 3813 (return card). Date of receipt controls retroactivity. |
| Courier/e-mail | Acceptable if accompanied by tracking number or read confirmation. |
| Barangay service | Lupon issues a Certification to File Action if mediation fails within 15 days. |
6. After the Letter — Available Remedies
Petition for Support (Family Court)
- Summary in nature; judge may issue provisional support order (PSO) after a sworn application + financial affidavits (A.M. No. 02-11-12-SC).
- Court may garnish salary or issue hold-departure orders.
Criminal Complaint
- R.A. 9262: Willful failure to give support → prison correccional & fine.
- Criminal abandonment under RPC Art. 275 (if abandonment + no means of subsistence).
Administrative/POEA Remedies
- Notice of garnishment to government agency or manning agency.
Execution
- Final support orders may be enforced by writ of execution, levy, or income withholding orders under A.M. No. 02-11-12-SC.
7. Computation & Adjustment of Support
| Principle | Explanation |
|---|---|
| Dual yardstick (FC Art. 201) | Support is proportionate to the resources of the giver and necessities of the recipient. One may not live “a life of luxury while the child starves.” |
| Includes “incidentals” | Tuition, transport, gadgets for school, internet, reasonable recreation (e.g., school trips, sports fees). |
| Variable & changeable | Amount may be increased or reduced upon proof of supervening change (job loss, illness, higher tuition). |
| Retroactivity rule | Only from filing of action or date of demand letter (FC Art. 203). Thus, timely service is critical. |
8. Jurisprudence Highlights
| Case | Gist |
|---|---|
| G.R. 142935, 15 Aug 2003 (Estrada v. CA) | Obligation to support an illegitimate child may be proven by acknowledgment in birth certificate; demand letter established retroactivity. |
| G.R. 187182, 23 Jan 2013 (People v. Abastillas) | Conviction under R.A. 9262 for economic abuse affirmed where father ignored multiple demand letters and barangay summons. |
| G.R. 193074, 18 Jun 2014 (Gregorio v. CA) | Support “in proportion” means courts look at net disposable income, not gross. Demand letter date used as start of arrears. |
| G.R. 150013, 05 Jun 2009 (Melgar v. CA) | Demand letter admitted as private document; authentication satisfied by testimony of drafter-lawyer. |
9. Interaction with Barangay Conciliation
Under R.A. 7160 Chap. VII, if parties live in the same barangay (or adjoining barangays within the same city/municipality), the complainant must first file a Punong Barangay complaint unless:
- one party is under 18;
- there is actual violence or R.A. 9262 case;
- parties reside in different cities/municipalities; or
- the case is already in court.
A demand letter usually accompanies or precedes the barangay complaint and helps the Lupon quantify provisional support during mediation.
10. Tips for an Effective Letter
- Tone: Firm but polite—avoid threats that may be construed as harassment.
- Specificity: Itemize expenses (receipts make the request harder to refute).
- Financial Disclosure: Where available, attach SSS contributions, ITR, payslips to show obligor’s capacity—and anticipate the defense of undue burden.
- Copies: Keep at least two originals; secure notarized “Affidavit of Service.”
- Timeline: Give a realistic but tight window (7-10 days) to respond before further action.
- Legal Assistance: Low-income parents may seek Public Attorney’s Office (PAO) help; RA 9225 (Citizenship Retention) OFWs can be served via OWWA/POLO.
11. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Must the letter be notarized? | Not required, but notarization bolsters authenticity and allows use as public document (self-authenticating). |
| Can I e-mail or FB-message it? | Yes—electronic service is acceptable if you can prove receipt/read status. Best to follow up with registered mail. |
| Does the 7-day grace period matter legally? | The law only requires a demand; but a clear deadline defines delay and supports later claims for interest/liquidated damages. |
| Is the father’s new family a valid excuse? | No. Support claims rank equally among legitimate & illegitimate children (FC Art. 206). |
| What if he’s abroad? | Send the letter to his Philippine address and employer/agency abroad; you may garnishee remittances via POLO or liaison agencies. |
12. Sample Skeleton (For Guidance Only)
Re: Demand for Child Support – [Child’s Name, Birth Date]
Dear [Father’s Full Name],
I. Facts & Relationship You are the biological father of [Child], acknowledged in her PSA Birth Certificate (Registry No. …). II. Legal Grounds Pursuant to FC Arts. 194-208, parents are obliged to support their children… III. Computation of Monthly Support
Item Amount (PHP) Proof Tuition & fees 7,500 School SOA dated … Food & groceries 4,000 Receipts … … … … Total: ₱18,500 IV. Demand Kindly remit ₱18,500 monthly, starting within ten (10) days from receipt hereof, via BPI Acct. No. ________. V. Consequences Failure will compel us to file a Petition for Support and a criminal complaint under R.A. 9262 §5-e. Very truly yours, [Signature] [Name & IBP Roll No. if counsel] Cc: Punong Barangay, DSWD, POEA
13. Key Take-Aways
- Send it early—it fixes the start of arrears.
- Detail both needs and capacity. Vague lump sums are easy to dispute; itemize.
- Always secure proof of receipt. The letter’s evidentiary value hinges on service.
- Know your next steps. Be ready to proceed to barangay mediation, Family Court, or R.A. 9262 prosecution.
- Support is a right, not charity. Philippine law treats the demand for child support as part of the child’s constitutional and statutory protections.
Conclusion
A demand letter for child support is a powerful yet inexpensive tool that can jump-start compliance, protect retroactive claims, and lay the evidentiary groundwork for court or administrative action. Crafted correctly—grounded on the Family Code, mindful of barangay procedures, and tailored to the child’s actual needs—it advances the best interests of the Filipino child while safeguarding due process for both parents.