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Friday, September 28, 2007
Bill - Hon. Jeremeel A. Waniwan

Republic of the Philippines
YOUTH CONGRESS
Baguio City

Introduced By: Jeremeel A. Waniwan

EXPLANATORY NOTE

As defined in our constitution, it is a declared principle of the state to promote and protect the well-being of children as a sign of its recognition on their vital role on nation building. Parents are likewise responsible in supporting the material, emotional, educational, social and spiritual needs of their child.
Leaning on these principles, this proposal act seeks to declare the willful failure of biological parents to pay child support unlawful and punishable by law.

JEREMEEL A. WANIWAN

Republic of the Philippines
YOUTH CONGRESS
Baguio City

Introduced By: Jeremeel A. Waniwan

AN ACT
OBLIGATING BIOLOGICAL PARENTS, REGARDLESS OF THEIR STATUS AND AGE, TO PAY FINANCIAL CHILD SUPPORT AND BE SUBJECTED TO PUNISHMENT WHEN WILLFULLY FAILED TO DO SO.

SECTION 1. Declaration of policy. – Every child is hereby declared rightful for child support from their biological parent/s.

SECTION 2. Definition of terms.
Child Support –refers to the amount determined by a court judgment, decree, or order to be due from a person for the support and maintenance of a child.
Biological Parents –refer to the DNA proven father or mother of a child.

SECTION 3. –The father and/or mother, married or not with each other or with other persons, regardless of their age, shall have the state mandated obligation of paying child support. The state shall not obligate rape victims to pay support for their child resulted from the said crime.

SECTION 4. Willful Failure to Pay Child Support. –A mentally or physically able person or, in case of incapability, a person who’s earnings have reach at lease the minimum wage but has remained unpaid for at lease nine (9) months or has outstanding amount due of forty thousand pesos (Php40, 000), or more, in spite of demand, will be considered by this act as willful failure to pay child support.

SECTION 5. Penalties. –Any person violating this act shall, upon conviction of a court of competent jurisdiction, shall suffer the penalty of imprisonment of not less than two (2) months but not more than one (1) year and/or a fine amounting thirty percent (30%) more than the unpaid child support.

SECTION 6. Separability Clause. –If any portion or provision of this Act is declared void and unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

SECTION 7. Repealing Clause. –All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 8. Effectivity Clause. –This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspaper of general circulation.

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