Demand Letters for Child Support in the Philippines – An Exhaustive Guide
1. Why a Demand Letter Matters
Under Article 203 of the Family Code, support “shall not be paid except from the date of judicial or extrajudicial demand.” Serving a written demand letter therefore (a) fixes the date from which arrears are computed, (b) proves the obligor’s knowledge of the need, and (c) supplies an evidentiary foundation for later civil or criminal action. (THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209, Can past support be demanded? - BATASnatin)
2. Statutory & Procedural Foundations
| Source | Key points for demand letters |
|---|---|
| Family Code, Arts. 194-203 | Defines who must give support, what it covers, proportionality rule, and the effect of extrajudicial demand. (THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209) |
| A.M. No. 03-04-04-SC (Rule on Custody & Support of Minors, 2003) | Allows support pendente lite within 30 days of filing and recognises demand letters as proof of prior resort. (A.M. No. 03-04-04-SC - LawPhil) |
| Draft A.M. No. 21-03-02-SC (Rules on Action for Support, 2025) | Will shorten timelines, require income-withholding orders upon filing, and treat a demand letter as mandatory annex. (Child Custody and Support Arrangements in the Philippines — Respicio & Co.) |
| Republic Act 9262 (Anti-VAWC) | Refusal or failure to give support after demand is “economic abuse” punishable by up to 10 years’ imprisonment. (Republic Act (R.A.) No. 9262 or the Anti Violence against Women ..., Failure to Give Child Support as Economic Abuse and Psychological ..., [PDF] GR No. 250219 - Supreme Court) |
| Barangay Justice System (RA 7160, Katarungang Pambarangay) | If both parties reside in the same city/municipality, a demand letter usually precedes barangay mediation; non-appearance may bar court suit. |
3. Who May Send and Who Must Pay
- Legitimate or illegitimate children may demand through (1) the custodial parent, (2) a court-appointed guardian, or (3) the child himself/herself if of age.
- Persons solidarily liable are listed in Article 195 in descending order: parents, grandparents, siblings, etc. (THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209, Title VIII. Support (Family Code of the Philippines) - P&L Law Firm)
4. Timing of the Demand
Support is demandable from the moment of need, including prenatal expenses, but arrears accrue only upon demand. Courts have dismissed VAWC prosecutions where no demand was proven. (When failure to give support is not a crime | DivinaLaw)
5. Core Elements of an Effective Demand Letter
- Heading & Parties – Identify the obligor, the child, and the demanding party.
- Statement of Facts & Filiation – Attach the child’s PSA birth certificate or acknowledgment to pre-empt denial of paternity/maternity.
- Legal Bases – Cite Arts. 194-203, RA 9262 §5(e)/(i), and any prior court order or parenting plan.
- Break-down of Needs – Itemise monthly food, housing share, tuition, medical insurance, etc. Attach receipts and a computation sheet.
- Demand Proper – State the exact amount of arrears (from date of need to present), the continuing monthly support, and a reasonable compliance period (e.g., ten [10] calendar days).
- Mode of Payment – Specify bank details, G-Cash wallet, or salary-deduction arrangement.
- Consequences of Default – Warn of (a) barangay complaint, (b) petition for support with pendente lite relief, (c) VAWC and contempt charges, and (d) wage garnishment.
- Proof of Service – Send by personal delivery with signed receipt, registered mail (retain registry return card), or professional courier; keep photographs and affidavits of service.
Tip: Attach an editable draft compromise agreement to encourage voluntary settlement.
6. Sample Demand Letter (Checklist)
RE: DEMAND FOR CHILD SUPPORT
… factual narrative … Legal basis: Arts. 195-203 Family Code; RA 9262 §5(e)/(i).
Amount due: ₱ 75,000 arrears (Jan–Apr 2025) + ₱ 18,500 monthly starting May 2025.
Deadline: 10 days from receipt.
Pay to: BPI Savings Acct. # xxxx-xxxx-xx.
Failure to comply will leave us no option but to file:
- a Petition for Support with urgent pendente lite relief;
- a criminal complaint for economic abuse under RA 9262; and
- a motion for wage garnishment and passport suspension once judgment issues.
Sincerely,
Atty. Juan Dela Cruz, Counsel for __________________
(Adapted from publicly available formats.) (Demand Letter For Child Support | PDF - Scribd, Demand Letter Support | PDF | Child Abuse - Scribd)
7. Legal Effect of Service
- Retroactivity of Support. On proof of actual delivery or registry-card receipt, courts compute arrears from that date; earlier needs are not recoverable except by agreement. (Can past support be demanded? - BATASnatin, Title VIII. Support (Family Code of the Philippines) - P&L Law Firm)
- Trigger for Criminal Liability. In RA 9262 prosecutions, the prosecution must show “willful refusal after demand,” so the letter is Exhibit “A.” ([PDF] FEB 15 2022 - LawPhil)
- Tolling of Prescription. Civil actions for support do not prescribe while the need continues, but the three-year prescriptive period for RA 9262 counts from each act of refusal; a demand letter evidences the act.
8. Steps After an Unheeded Demand
- Barangay Mediation (if applicable) – File a Complaint-Affidavit and annex the demand letter. A settlement may be enforced as a Compromise Judgment.
- Petition for Support / Support Pendente Lite – File in the Family Court (RTC) of the child’s residence. Attach the demand letter as Annex “B.” Courts commonly issue support orders within 30 days; forthcoming Rules on Action for Support will make wage-withholding automatic. (Child Custody and Support Arrangements in the Philippines — Respicio & Co.)
- Enforcement & Execution
- Garnishment of wages, crypto-wallets, bank deposits.
- Levy on vehicles/real property.
- Contempt (indefinite jail until payment).
- Criminal Remedies – File a VAWC complaint (economic abuse or psychological violence). Recent Supreme Court cases (G.R. 250219 [2023] and G.R. 239313 [2022]) have affirmed convictions for refusal to support. ([PDF] GR No. 250219 - Supreme Court, [PDF] FEB 15 2022 - LawPhil)
- Administrative Avenues – Pending bills (HB 44, SB 1191) propose a Child Support Enforcement Bureau empowered to suspend driver’s licences and passports; keep copies of demand letters for that future process. (Child Custody and Support Arrangements in the Philippines — Respicio & Co.)
9. Cross-Border or OFW Situations
- Demand letters may be emailed, couriered, or served through the Philippine Embassy/POLO office.
- If the Philippines adopts the 2007 Hague Maintenance Convention (still under study as of May 2025), a demand letter will remain the first requirement for certification of enforceability abroad. (Child Custody and Support Arrangements in the Philippines — Respicio & Co.)
10. Practical Drafting & Service Tips
| Do | Avoid |
|---|---|
| Use clear pesos amounts and attach computation sheets. | Inflating figures—courts may view this as bad faith. |
| Give a realistic deadline (7-15 days). | Threatening immediate imprisonment without basis. |
| Send through two modes (personal and registered mail) for redundancy. | Posting on social media—this can be sued as libel or child privacy violation. |
| Keep receipts, screenshots, body-cam or CCTV clips of service. | Relying on SMS alone; courts require more formal proof. |
11. Frequently Asked Questions
- Can I claim past expenses before the demand? No; arrears start the day you served demand unless the obligor voluntarily agrees to pay retroactively. (Can past support be demanded? - BATASnatin)
- Must the letter be notarised? Not required but strongly advised; notarisation converts it to a public document admissible without further proof.
- What if the father denies paternity? Attach proof of filiation; if contested, the court can order DNA testing (Rule on DNA Evidence, A.M. 06-11-5-SC).
- Illegitimate child—same rules? Yes; the duty to support does not discriminate between legitimate and illegitimate children. (THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209)
- How much support can I ask? Courts use a two-step test: (1) reasonable needs of the child; (2) capacity of the parent. Provide income documents (pay slips, ITR, social-media lifestyle posts) to justify the amount.
12. Emerging Trends (2025+)
- Digitised wage-garnishment portal being piloted in Quezon City Family Courts.
- Family Mediation Rule (2024) now makes mediation mandatory; demand letters often serve as the agenda for settlement. (Child Custody and Support Arrangements in the Philippines — Respicio & Co.)
- E-demand notices via verified email or Viber have been accepted by some courts when accompanied by server-timestamp logs—expect explicit rules in A.M. 21-03-02-SC.
Disclaimer: This article is for informational purposes only and is not a substitute for personalized legal advice. Always consult a Philippine family-law practitioner for case-specific guidance.