Introduction

In the Philippines, child support is a fundamental obligation rooted in family law, ensuring that children receive financial assistance from their parents for their basic needs, education, and overall well-being. When a parent fails to provide adequate support, a demand letter serves as the initial formal step to enforce this right. This legal document notifies the obligated parent (often the non-custodial parent) of their duty and demands compliance before escalating to court proceedings.

A demand letter is not a court order but a precursor that can lead to amicable resolution or strengthen a subsequent legal case. It is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), and related jurisprudence from the Supreme Court. This article provides a comprehensive guide on drafting and serving such a letter, including legal foundations, step-by-step instructions, potential outcomes, and considerations specific to the Philippine context.

Legal Basis for Child Support in the Philippines

Child support is mandated under Article 194 of the Family Code, which defines support as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. This obligation extends to legitimate, illegitimate, and adopted children until they reach the age of majority (18 years) or, in cases of higher education or disability, beyond that age if necessary.

Key laws and principles include:

Family Code (Articles 194-208): Establishes the right to support from parents, ascendants, or siblings. Support must be proportionate to the giver's means and the recipient's needs.
Republic Act No. 9262: Protects women and children from economic abuse, including withholding support, which can be grounds for a protection order.
Republic Act No. 8972 (Solo Parents' Welfare Act): Provides additional benefits and emphasizes support obligations for solo parents.
Supreme Court Rulings: Cases like De Asis v. Court of Appeals (G.R. No. 127578, 1999) affirm that support is demandable even without a prior court order, and failure to provide it can lead to civil or criminal liability under Article 195 of the Family Code.

Non-payment of support can result in civil actions for support, criminal charges for economic abuse, or even imprisonment under RA 9262. A demand letter is crucial as it demonstrates good faith and can be used as evidence in court.

Who Can Send a Demand Letter?

Typically, the custodial parent (mother or father) or legal guardian sends the demand letter on behalf of the child. In cases involving illegitimate children, the mother has primary rights under Article 176 of the Family Code, as amended by RA 9255. Grandparents or other relatives may also demand support if they are the de facto guardians.

If the sender is represented by a lawyer, the letter gains more weight, but individuals can draft and send it themselves. Note that only Filipino citizens or residents under Philippine jurisdiction can invoke these laws directly; for international cases, the Hague Convention on Child Support (ratified by the Philippines in 2019) may apply, but this article focuses on domestic scenarios.

Preparing to Draft the Demand Letter

Before writing, gather essential information:

Personal Details: Full names, addresses, and contact information of the sender, recipient, and child(ren).
Relationship Proof: Birth certificates, marriage certificates (if applicable), or acknowledgment of paternity.
Financial Needs: Itemized list of the child's expenses (e.g., tuition, food, medical bills) supported by receipts or estimates.
Recipient's Capacity: Evidence of the obligated parent's income or assets, if available, to justify the amount demanded.
Previous Agreements: Any prior verbal or written agreements on support.

Calculate the support amount based on the child's needs and the parent's ability. There is no fixed formula like in some countries; courts use discretion, often aiming for 20-30% of the non-custodial parent's income as a guideline from jurisprudence.

Consult a lawyer or the Department of Social Welfare and Development (DSWD) for free advice, especially for low-income families. Barangay mediation is often required before court action under the Katarungang Pambarangay Law (PD 1508).

Step-by-Step Guide to Writing the Demand Letter

A demand letter should be formal, clear, concise, and professional. Use legal-sized paper or a word processor, and include the date and signatures. Here's a structured format:

Header:
- Sender's name, address, contact number, and email.
- Date.
- Recipient's name and address.
Salutation: Address the recipient formally, e.g., "Dear Mr./Ms. [Last Name],".
Introduction:
- State your identity and relationship to the child (e.g., "I am the mother and custodial parent of [Child's Full Name], born on [Date].").
- Reference the legal basis: "Pursuant to Article 194 of the Family Code of the Philippines, you are obligated to provide support for our child."
Body:
- Detail the Obligation: Explain the history, such as separation date, previous support provided (or lack thereof), and current needs.
- Specify the Demand: Itemize the required support, e.g.:
  - Monthly allowance: PHP [Amount] for food, clothing, and utilities.
  - Educational expenses: PHP [Amount] for tuition and books.
  - Medical costs: Reimbursement for [specific bills].
- Provide a total amount and deadline, e.g., "I demand payment of PHP [Total] within 15 days from receipt of this letter."
- Warn of Consequences: Politely state that non-compliance may lead to legal action, such as filing a complaint with the barangay, a petition for support in the Regional Trial Court (Family Court), or charges under RA 9262.
Closing:
- Reiterate the demand and invite dialogue: "I urge you to comply to avoid further legal proceedings."
- Sign off: "Sincerely," followed by your signature and printed name.
- If applicable, include a notary public's acknowledgment to make it sworn (optional but adds formality).

Sample Demand Letter Template

[Your Full Name]
[Your Address]
[City, Province, ZIP Code]
[Contact Number]
[Email Address]
[Date]

[Recipient's Full Name]
[Recipient's Address]
[City, Province, ZIP Code]

Dear [Recipient's Full Name],

I am [Your Full Name], the [mother/father/guardian] of [Child's Full Name], born on [Birth Date] at [Place of Birth]. As the [non-custodial parent], you have a legal obligation under Articles 194 and 195 of the Family Code of the Philippines to provide financial support for our child's sustenance, education, and other needs.

To date, you have failed to provide adequate support, resulting in [brief description of hardships, e.g., unpaid school fees amounting to PHP 50,000]. The child's monthly needs include:

Food and clothing: PHP 10,000
Education: PHP 15,000
Medical and miscellaneous: PHP 5,000

I hereby demand that you remit the amount of PHP [Total Arrears] for past due support and commence monthly payments of PHP [Monthly Amount] starting [Date]. Payment should be made via [method, e.g., bank transfer to Account No. XXX at Bank Y].

Should you fail to comply within fifteen (15) days from receipt hereof, I will be constrained to seek remedies through the barangay, Family Court, or other appropriate authorities, including filing for a Protection Order under Republic Act No. 9262.

I am open to discussing an amicable settlement. Please contact me at [your contact].

Sincerely,

[Your Signature]
[Your Printed Name]

(Notarization optional: Subscribed and sworn to before me this [date]...)

How to Serve the Demand Letter

Service ensures the recipient is formally notified, which is critical for evidentiary purposes.

Methods of Service:
- Personal Service: Deliver in person and obtain a signed acknowledgment of receipt.
- Registered Mail: Send via PhilPost or a courier like LBC with return receipt requested. This provides proof of delivery.
- Substituted Service: If personal service fails, leave with a competent person at the recipient's residence or office, as per Rules of Court.
- Electronic Service: Email or messaging apps if the recipient has consented, but always follow up with physical service for legal validity.
Proof of Service:
- Keep copies of the letter, registry receipt, and return card.
- If served personally, prepare an Affidavit of Service.

In the Philippines, improper service can weaken your case, so adhere to Rule 13 of the 1997 Rules of Civil Procedure.

What Happens After Sending the Demand Letter?

Compliance: If the recipient pays, document the agreement in writing to avoid future disputes.
Negotiation: The letter may prompt discussions; consider mediation at the barangay level (mandatory for family disputes under RA 9262).
Non-Compliance: Escalate by:
- Filing a barangay complaint for conciliation.
- Petitioning the Family Court for a support order (file at the Regional Trial Court designated as Family Court).
- Seeking a Temporary Protection Order (TPO) if economic abuse is involved.
- Criminal complaint for violation of RA 9262, punishable by fines or imprisonment.

Arrears can accumulate interest at 6% per annum under the Civil Code. Courts may order wage garnishment or property attachment.

Special Considerations and Challenges

Illegitimate Children: Paternity must be established; if not acknowledged, a demand letter can precede a filiation action.
Overseas Parents: Use the Department of Foreign Affairs or international conventions for enforcement.
Low-Income Senders: Avail of free legal aid from the Public Attorney's Office (PAO) or Integrated Bar of the Philippines (IBP).
COVID-19 and Economic Impacts: Courts may consider force majeure, but support obligations remain unless modified by court order.
Common Pitfalls: Avoid aggressive language to prevent counterclaims for harassment. Ensure accuracy to avoid perjury if notarized.
Time Limits: No strict statute of limitations for support, but act promptly as needs are ongoing.

Conclusion

A well-drafted and properly served demand letter is a powerful tool in enforcing child support in the Philippines, promoting resolution without immediate litigation. While this guide is comprehensive, laws evolve, and individual circumstances vary—consult a licensed attorney for personalized advice. Prioritizing the child's welfare aligns with the constitutional mandate under Article II, Section 12 of the 1987 Philippine Constitution to protect the family and children's rights.