Filing Child‑Support Demand Letters and Court Claims in the Philippines

(A comprehensive practitioner‑level guide)

1. Why Start With a Demand Letter?

Purpose	Practical Effects	Key References
• Formally notifies the respondent parent of the obligation to support. • Interrupts prescription for retroactive support under Art. 203, Family Code.	• Demonstrates good‑faith effort at amicable settlement—often required before suit (esp. if parties live in the same barangay under the Katarungang Pambarangay Law, R.A. 7160 §399). • Can later justify claims for moral / exemplary damages or criminal liability under R.A. 9262 when ignored.	– Family Code Arts. 195‑208 – R.A. 9262 §5(e) (economic abuse) – A.M. No. 04‑10‑11‑SC (2004 Rule on Violence vs. Women & Children) – Barangay Justice System Rules

Drafting essentials

Heading & parties – identify parent/child; civil status; age.
Legal basis – cite Arts. 195/196 (persons obliged) & Art. 201 (amount), plus R.A. 9262 if applicable.
Computation – list monthly needs (food, shelter, schooling, medical care, internet/transport). Add 13th‑month/contingencies.
Demand – state exact amount or proportion (e.g., 60 % of total needs) and payment mode (post‑dated checks, bank transfer, GCash, etc.).
Deadline – “within 5 days from receipt” (short enough to show urgency, long enough to be fair).
Consequences of non‑compliance – civil suit in Family Court; criminal complaint for economic abuse or child abandonment; wage garnishment.
Signature & counsel – parent/guardian or counsel; attach SPA if filed by guardian/relative; include Integrated Bar of the Philippines roll no.

Send by personal service + registered mail + e‑mail (or Viber/WhatsApp screenshot). Keep the registry return card and screenshots as exhibits.

2. When Conciliation Is Mandatory

Scenario	Barangay Mediation?
Parents reside in the same barangay or adjacent barangays within the same city/municipality (no protection order issued).	Yes. Must first file a Complaint for Support with the Punong Barangay. Failure = ground to dismiss the subsequent court case.
Respondent lives in another city/abroad, or there is an existing BPO/TPO (Protection Order) under R.A. 9262.	No. File directly in court or before the prosecutor/DSWD.
One party is a minor or mentally incapacitated.	No. Covered by exception (sec. 408 [2], LGC).

A Certificate to File Action (CFA) or Certificate of No Settlement (CNS) issued by the Lupon is annexed to the petition.

3. Choosing the Proper Forum

Forum	Typical Use‑Case	Governing Rules
Family Court (RTC designated under R.A. 8369)	Main venue for Petition for Support or Petition for Support Pendente Lite (if related to an existing custody/nullity/annulment case).	‑ A.M. No. 03‑04‑04‑SC (Rule on Custody of Minors) ‑ A.M. No. 02‑11‑11‑SC (Support pendente lite in nullity/annulment)
MTC‑MeTC	If the total claim ≤ ₱300,000 (outside Metro Manila) or ≤ ₱400,000 (within MM) and no related family‑law action. Rarely used after R.A. 11576 (2021) expanded RTC jurisdiction.	‑ R.A. 11576; Sec. 19(8), B.P. 129
Office of the Prosecutor / VAWC Desk	For criminal action under R.A. 9262 §5(e) when refusal to support constitutes economic abuse.	‑ DOJ Circular 38‑2004 ‑ A.M. No. 04‑10‑11‑SC
DSWD / POEA / OWWA	Administrative enforcement vs. OFW‑parent (e.g., contract suspension or allotment orders).	‑ POEA MC 01‑15 ‑ R.A. 10022 (Migrant Workers Act)

4. Elements & Proof of the Civil Action

Relationship – Birth certificate, filiation documents, or DNA.
Need of the child – School assessments, receipts, medical records, sworn Statement of Monthly Needs.
Means of respondent – Payslips, BIR 2316/ITR, bank statements, social‑media evidence of lifestyle (jurisprudence permits digital exhibits¹).
Demand & non‑payment – Demand letter + registry return; barangay minutes; sworn testimony.

Tip: File a Motion for Support Pendente Lite at the same time as the main petition to secure immediate provisional support (resolved within 30 days under Sec. 4, A.M. No. 02‑11‑12‑SC).

5. Computation Principles

Rule	Description
Art. 201 – Dual standard	Support is “in proportion to the resources or means of the giver and the necessities of the recipient.” Courts balance both; proof of standard of living suffices even without exact receipts (see De Guangco v. Court of Appeals, G.R. 114637, 19 Jun 2000).
Elasticity	Amount may be increased/reduced upon supervening change (illness, loss of job, remarriage, higher tuition). File Motion to Modify; no docket fee for incidental motions.
Retroactivity	Obligation arises from date of extrajudicial demand (Art. 203) OR date of filing if no demand letter. Retroactive support is collectible in lump sum.

Typical categories included: food, shelter (rent), clothing, education (tuition + books + devices), medical/dental, transportation, communication, internet, leisure to a reasonable degree, household help if previously enjoyed.

6. Court Process Flow

Draft Petition → Pay docket/filing fees → Raffled to Family Court → 
Issuance of Summons (w/ Preliminary Conference date) → 
Pre‑trial (mandatory mediation & JDR) → 
Trial on merits (if no settlement) → 
Decision → Writ of Execution (garnishment, levy, income withholding) → 
Periodic Review/Modification on motion.

Stage	Statutory / Rule Deadline	Notes
Summons service	Within 5 days from filing (Rule 14 §5)	Court may allow e‑service under A.M. No. 19‑10‑20‑SC.
Pre‑trial order	Must be issued within 10 days after pre‑trial (Rule 18 §10).	Settlement here avoids full trial.
Judgment	Ideally within 90 days from submission (Art. 8, Constitution), but often longer; counsel should file Motion to Resolve after 90 days.
Appeals	Decision is appealable to CA within 15 days; execution is not stayed unless CA issues TRO.

7. Enforcement Tools

Income Withholding Order – served on employer (even government agencies, §39 RTC‑FC Rules); penalties for employer non‑compliance (Art. 204).
Garnishment of bank deposits – Writ + Subpoena Duces Tecum to bank.
Hold‑Departure Order (HDO) – A.M. No. 18‑04‑05‑SC allows Family Courts to issue HDO to prevent flight.
Contempt – Disobedience to support order punishable under Rule 71.
Criminal prosecution – concurrent remedy under R.A. 9262 §5(e) or Art. 277, RPC (abandonment of minors). Conviction does not extinguish civil liability; payment may mitigate penalty.

8. Support From or Against Parents Working Abroad

The Philippine Overseas Labor Office (POLO) can endorse allotment complaints; POEA Standard Employment Contract requires allotment of 80–90 % of salary to designated family.
Reciprocal enforcement – The Philippines acceded to the 2007 ASEAN Declaration on the Protection & Promotion of the Rights of Migrant Workers (but is not yet a party to the 2007 Hague Child Support Convention), so enforcement abroad relies on:
- Bilateral labor agreements (e.g., PH‑Saudi 2013 domestic worker MoU).
- Letters rogatory or exequatur proceedings in the foreign jurisdiction.
DFA’s OUMWA may assist with document legalization and transmission of orders.

9. Special Issues

Issue	Key Points
Illegitimate children	Same right to support (Art. 176, now 174 as amended) but must first prove filiation (voluntary acknowledgment, DNA, open continuous possession).
Multiple families	Support is pro rata among legitimate and illegitimate offspring (Art. 206). Priority: legitimate spouse/children, then legitimate ascendants, then illegitimate children.
Support pendente lite	Granted ex parte upon filing of verified motion with supporting affidavits (Sec. 3‑4, A.M. No. 02‑11‑11‑SC).
Protection Orders	BPO/TPO/EPO can include support‑related reliefs without need for separate petition (R.A. 9262 §8).
Tax treatment	Child‑support payments are not deductible (NIRC §34) and not taxable income to the child.
Prescription	Action for support does not prescribe (Art. 203); however, unpaid accrued support prescribes in 5 years (Art. 1149, Civil Code).

10. Template Checklist for Counsel / Pro Se Litigants

Birth certificate of child / filiation proof
Demand letter + proof of receipt
Barangay CFA/CNS (if required)
Statement of Needs + receipts/quotations
Evidence of respondent’s income/assets
Sworn certification against forum shopping
Payment of docket & filing fees (or PAO fee‑exemption)
Verified Petition (with MFL or separate motion)
Draft Income Withholding Order (attach to petition)
Draft HDO (optional)

11. Frequently‑Asked Questions

Question	Short Answer
Can I ask for lump‑sum future support?	No. Only accrued and current support; future support is paid periodically (Art. 203 para 2).
What if the father refuses DNA testing?	Courts may treat refusal as implied admission (Rule on DNA Evidence, A.M. No. 06‑11‑5‑SC §36).
Is private settlement enforceable?	Yes, if in writing and notarized; but court approval advisable for enforcement.
Can support be paid in kind?	Only if parties agree or when court finds it best for child’s interest (Art. 204).
Can grandparents be sued directly?	Only if parents are unable to provide support (Art. 199). Must implead parents and prove inability.

12. Conclusion

Filing and enforcing a child‑support claim in the Philippines is multi‑layered: start with a well‑structured demand letter, exhaust or justify skipping barangay mediation, and file a verified petition in the proper Family Court with an early motion for provisional support. Familiarity with the Family Code, special procedural rules, and ancillary criminal or administrative remedies (e.g., R.A. 9262, POEA sanctions) allows practitioners and pro‑se parents to secure timely and adequate support that truly reflects the child’s evolving needs.

Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a Philippine lawyer for specific cases.