The Commission on Human Rights (CHR) believes that fathers who are legally obligated to support their children should face consequences if they fail or intentionally refuse to do so.
In a statement, the CHR said it fully supports the collaboration between the Department of Social Welfare and Development (DSWD) and the Public Attorney’s Office (PAO) to help children and their mothers receive support from estranged fathers and husbands.
In a memorandum of agreement (MOA), DSWD and PAO agreed to file cases on behalf of wives, partners, and even girlfriends against fathers who abandon their children and fail to give child support.
DSWD Secretary Erwin T. Tulfo said that neglectful fathers may be prosecuted for violation of Articles 194 and 195 of the Family Code of the Philippines and Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004.
Article 194 states that "support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family." Article 195 states that parents are required by law to support their children whether legitimate or illegitimate.
Meanwhile, Section 5(2) R.A. No. 9262 also declares that "depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support" is an act of violence against women and their children.
The DSWD has invited mothers to reach out to any of their offices to report fathers who refuse to provide child support even if they have the means to do so.
For its part, the CHR will issue a letter for the father's compliance. Fathers who refuse to comply will face legal sanctions as the DSWD will submit their case to court with the help of the Integrated Bar of the Philippines (IBP). PAO will be the one to represent the mothers in court.
Violators may face up to a year to 20 years of imprisonment and a fine of P100,000 to P300,000.
In a statement, the CHR said: "While economic domestic violence or financial abuse is a common type of domestic violence, it is not often discussed. Thus, the signed agreement is not only an acknowledgment that these incidents exist, but also provides legal remedy and access to justice for vulnerable mothers and their children."