In the Philippines, the legal framework for protecting the rights of women and children is primarily anchored in the Family Code of the Philippines and Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004. When a parent—usually the father—refuses to provide financial support, it is not merely a civil matter but can also be a criminal offense under the lens of "economic abuse."
I. Enforcing Child Support
Child support is a mandatory legal obligation. Under the Family Code, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.
1. Determining the Amount
There is no fixed "minimum" or "standard" amount for child support in the Philippines. The amount is determined based on two factors:
- The Needs of the Child: The actual cost of living and education.
- The Means of the Giver: The income and assets of the parent obligated to give support.
2. Legal Avenues for Enforcement
If the obligor refuses to pay, the following steps can be taken:
- Demand Letter: A formal letter sent by a lawyer demanding payment. This serves as a prerequisite for showing "willful refusal."
- Petition for Compulsory Recognition and Support: If the child is illegitimate and not recognized by the father (i.e., his name is not on the birth certificate), a petition must first be filed to prove filiation.
- Civil Action for Support: A petition filed in the Regional Trial Court (Family Court) to obtain a court order for a specific monthly amount.
- Support Pendente Lite: A motion filed while the main case is ongoing, asking the court to grant immediate temporary support so the child does not suffer during the trial.
3. Garnishment and Employer Coordination
Once a court order is issued, if the parent still refuses to pay, the court can issue a Writ of Execution. This allows for the garnishment of the parent’s salary or the attachment of their bank accounts and properties.
II. Filing a VAWC Complaint (R.A. 9262)
The refusal to provide financial support for a child is often categorized as Economic Abuse under R.A. 9262. This act protects women and their children from various forms of violence, including psychological and economic harm.
1. Defining Economic Abuse
Economic abuse includes acts that make a woman financially dependent, such as:
- Withdrawal of financial support or preventing the victim from accessing family funds.
- Deprivation of financial resources and the right to use/enjoy conjugal or community property.
2. The Filing Process
A criminal complaint for violation of R.A. 9262 can be initiated as follows:
- Police Report: Visit the Women and Children Protection Desk (WCPD) at the nearest police station to record the incident in the blotter and execute an affidavit.
- Preliminary Investigation: The complaint is filed with the Office of the City or Provincial Prosecutor. The prosecutor determines if there is "probable cause" to bring the case to court.
- Court Filing: If the prosecutor finds probable cause, an "Information" (criminal charge) is filed in the Regional Trial Court. A warrant of arrest may then be issued for the respondent.
3. Protection Orders
One of the most powerful tools under R.A. 9262 is the Protection Order, which aims to prevent further abuse and provide immediate relief:
| Type of Order | Issued By | Validity |
|---|---|---|
| Barangay Protection Order (BPO) | Punong Barangay | 15 days |
| Temporary Protection Order (TPO) | The Court | 30 days (renewable) |
| Permanent Protection Order (PPO) | The Court | Permanent/Indefinite |
Note: A Protection Order can specifically include a provision for "Spousal and Child Support" to be deducted directly from the respondent’s salary.
III. Requirements and Evidence
To build a strong case for support or VAWC, the petitioner/complainant should gather the following:
- Birth Certificate: To prove the relationship between the child and the parent.
- Marriage Contract: If applicable (though R.A. 9262 applies to dating or former partners as well).
- Proof of Expenses: Receipts for tuition, medical bills, groceries, and utilities.
- Proof of Income (Respondent): If known, such as payslips, photos of properties, or business records.
- Affidavits: Sworn statements from the mother and witnesses regarding the refusal of support or any threats/harassment received.
IV. Penalties for Non-Compliance
Under R.A. 9262, the penalties for economic and psychological abuse are severe. They can range from Prision Mayor (6 years and 1 day to 12 years imprisonment) to Prision Correccional, depending on the gravity of the act. Additionally, the court may impose a fine of Php 100,000.00 to Php 300,000.00 and require the offender to undergo mandatory psychological counseling.
Even if a parent is abroad (an OFW), they can still be held liable. The Philippine government, through the DFA and DOLE, can assist in coordinating with the employer to ensure support is deducted from the overseas worker’s salary via a court order.