House Bill 8987 na naglalayong parusahan ng mga magulang na hindi nagbibigay ng child support sa kanilang anak, kasalukuyang inaaral
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NewsTranscript
00:00Speaking of which, the INA House Bill 8987, an act ensuring child support and finalizing parental refusal or neglect, they're off.
00:08It's currently being reviewed and it's being studied by young people.
00:12But how will this help in giving the rights of children to receive proper sustenance from their parents?
00:21Let's find out from Atty. Faye Singson. Good morning, Atty. Faye.
00:25Good morning to you, Riding Kindness.
00:29Thank you for joining us again here at RRSP, Atty. Faye.
00:32Atty. Faye, what is this House Bill 8987? What is its purpose?
00:36And how will this be different from the existing laws that we have regarding child support? Atty.
00:43Yes, you're right that we have existing laws now.
00:49But the difference with this House Bill is that it gives a minimum amount
00:57of how much should be given to the children.
01:01So it's being said here that it should not be less than 6,000 or 200 a day.
01:10Well, Atty., what are the primary provisions of House Bill 8987 related to child support?
01:18Just like what I mentioned, aside from the specific amount or minimum amount that can be asked from neglectful parents,
01:29the process of how to establish paternity is also being said here.
01:34What paternity means is the relationship between the father and the child.
01:42Alright, talking about child support, in our current laws, Atty.,
01:47what are the things that should be done when you have a child with child support
01:54so that you won't be charged and have other penalties?
02:00Yes, as parents, we have a responsibility to our children.
02:07So we need to give them protection, care,
02:12how we can raise them as well-rounded citizens.
02:17And of course, it comes with a cost.
02:21As we said, the best things in life are free.
02:25But to a limited extent, this is just a real talk.
02:29There are really expensive expenses.
02:32Of course, you have to send your child to school, give them medical care,
02:37sometimes, it comes with insurance, activities, and expenses.
02:47The basic things are food, shelter, and clothing.
02:52But we should also consider that medical care is also basic, even for custodial parents.
02:58What custodial parents mean is who is the caregiver.
03:03There is a study that 15 million Filipinos are solo parents,
03:09and 95% of which are mothers.
03:16So the potential to be liable for the criminal provisions of this House Bill
03:23is the 5% of fathers who are neglectful and who have abandoned their children and their family.
03:33This is the terminology, right, Atty. Faye?
03:35Deadbeat fathers, or irresponsible fathers.
03:38So how can we determine who are the ones who are violating this law?
03:44For example, the deadbeat fathers.
03:46What is the way to call an irresponsible father?
03:53It's good that you mentioned the term, right, Pat, for our knowledge.
03:57The deadbeat fathers are those neglectful fathers
04:03who have left their responsibilities to their children,
04:07particularly in giving money.
04:12Because the responsibility is not just giving money.
04:16Of course, you have to love, take care of, teach, and give money.
04:23So if you're a deadbeat father, you totally forgot all your responsibilities to your child.
04:29And we will pursue that.
04:32We need to answer them.
04:35We need accountability to them.
04:38And they will fulfill their paternal responsibilities.
04:45Alright, so Atty. Sinson, you think that if this House Bill 8987 is passed,
04:52our legal system will have more teeth
04:58to ensure that our children will be able to sustain themselves?
05:04Yes, you're right about that.
05:06Because even though we have existing laws in the VAWC,
05:11and even in my family code, it outlines the responsibilities of the parents,
05:17not just the fathers.
05:19But here, the paternal child support is zeroed in.
05:26And there's this amount that I'm talking about right now,
05:32which is equal to a father.
05:37And just like imprisonment, it's not enforced.
05:41There's this impossible penalty.
05:45Just like in the VAWC, it's 6 to 12 years.
05:50And there are fines for this.
05:53For 6 to 12 years, the fine is P100,000 to P300,000,
06:00depending on whether you have an arrears.
06:04Well, Atty., for example, if a father is able to sustain himself,
06:10but his income is not enough,
06:14is there a consideration of the law, Atty.?
06:18Yes, our law should be fair to all.
06:21Of course, the primary consideration is the welfare and interest of the child.
06:25But you're right, there is a consideration.
06:29In terms of capacity, financial capacity, the limit...
06:35Atty., it looks like he's not on the line.
06:37Atty. Faisingson.
06:41We'll discuss more about the House Bill 8987 and the rights of the children.
06:47Because, Atty., I also want to ask,
06:49what if you don't know that he's your son?
06:53Maybe you should let him know.
06:55No, no.
06:56There's a legal penalty.
06:57You need to prove first that you're the biological father of a child.
07:02But even so, there are penalties that Atty. Faisingson mentioned earlier,
07:076 to 12 years,
07:08for the deadbeat fathers or the so-called irresponsible fathers.
07:12Even so, you also need to know if it's legal or if he's really your son.
07:17Because it's hard to give consent if you don't know biologically...
07:22Atty. Faye, are you there?
07:24Yes, are you there? Okay.
07:26Atty. Faye?
07:27Okay, we were tackling, Audrey,
07:29what if you don't know,
07:32you're 12 years old and you already know that he's your son.
07:35And your mother is already asking you where your sustenance is.
07:38How will that work out, Atty.?
07:41Because,
07:43as a father,
07:44there's an assumption, of course, that he was married.
07:48So, there's a certificate, a birth certificate.
07:52If he wasn't married, you can see there who the father is.
07:55If he wasn't married,
07:57even...
07:58In the birth certificate, there's also an acknowledgment.
08:02That's also a penalty.
08:03Now, if he was totally left behind, abandoned,
08:08and he's still being denied,
08:10that can be a DNA test.
08:13Then, there are also pictures of him.
08:15Maybe he went to Bilyag.
08:18When he was one year old, he went there.
08:21He had a car.
08:22So, there are also supporting documents
08:25to establish the paternity so that he won't be denied.
08:29And the DNA test, although there's a cost to it.
08:33Yes, of course.
08:35Is this legal process processable and cost-effective
08:40to prove that he's the father of the child?
08:43Because, of course,
08:44we know that if you're a single mother,
08:45of course, it's also a part of the budget.
08:47Now, you have to go through a legal process
08:49to prove that this is the father of your child
08:52and to be able to provide support.
08:54Is this a long, grueling, and expensive process, Atty.?
09:00Based on our experience, yes, it's expensive.
09:04Of course, if you're going to file a case in court,
09:07you'll need a lawyer.
09:09Then, you'll have to go to the hospital
09:13to do the DNA test.
09:15And, of course, the doctor who conducted the DNA test,
09:18you'll have to testify in court.
09:20It'll be more expensive
09:23if the parents will really fight
09:25that he's no longer the father.
09:28So, I hope that the parents don't have to spend money
09:33to defend themselves that they're not the father.
09:37If they're the father,
09:38instead of paying the lawyer and the doctor for the DNA,
09:42they should just give it to the child.
09:44Now, Tornie, there are also cases like this.
09:47Some of the mothers
09:48would say,
09:49Is it a bit too much for me?
09:53I feel like what you're giving is not enough.
09:56I mean, I think,
09:57is it possible for her to demand too much
10:00from a father whose job is just right?
10:03What can be the defense, Atty.?
10:08She can show her bank account,
10:11her salary, her capacity.
10:14Because, like I mentioned earlier,
10:16while the primary consideration is the welfare
10:18and interest of the child,
10:20we have to consider also the financial capacity of the father.
10:25If he can afford it, then okay.
10:28He can afford it to the limit.
10:30But if the income is limited,
10:32the revenues are limited,
10:34we'll also base it on
10:36the needs of the child.
10:40Well, thank you for that.
10:41Maybe the brand of milk.
10:42Yes.
10:44If I have to send my child to school.
10:48In transportation,
10:50if he can afford a car and a driver,
10:53well and good.
10:54If not, then public commute.
10:57As long as he can meet the basic needs.
11:01And as long as he can meet the basic needs,
11:03he shouldn't be enrolled in a private school.
11:06Maybe this is how it should be, Urie.
11:10To the fathers who are watching right now,
11:12who don't know their children,
11:15I hope you're also afraid
11:16because the punishment is 6-12 years.
11:19Yes, 6-12 years.
11:20And I hope the fathers won't give up
11:23because they're afraid of being jailed.
11:26I hope they'll also give up out of love.
11:28That's right.
11:30And it's their responsibility.
11:32Well, thank you.
11:34Thank you, Attorney Faye Simson,
11:35for answering our questions
11:37about the issue of child support.
11:41I'm always honored to talk to you every morning.
11:44I'm sure I'll be happy in the afternoon.
11:46Thank you, Attorney Faye.