Lacson refiles bill penalizing abandonment of aging, incapacitated parents
By Dhel Nazario
Senator Panfilo "Ping" Lacson has refiled his proposed "Parents Welfare Act of 2025," as a way to ensure that elderly parents are not abandoned by their children during times of need.
Senator Panfilo "Ping" Lacson (Office of Senator Lacson)
The bill seeks to penalize those who fail to provide the necessary support to their "aging, sick, and incapacitated parents".
"We, Filipinos, are well-known for our close family ties. Because of this, it is not surprising that we have the usual inclination to care for our elderly. However, even with this close family ties, there are cases of elderly, sick, and incapacitated parents who were abandoned by their own children," Lacson said.
"Nowadays, the sights of abandoned elderly in our streets become typical. Children fail to provide the necessary support to their aging, sick and incapacitated parents. This happens despite our moral and natural obligation to maintain our parents who are in need of support," he said.
"This proposed bill therefore seeks to further strengthen filial responsibility and to make it a criminal offense in case of flagrant violation thereof. Abandonment of a parent in need of support shall likewise constitute a criminal act," he added.
Lacson noted that while our Family Code imposes legal obligations to support our elderly, many elderly who no longer have any means of supporting themselves are being neglected and abandoned by their children.
He pointed out that in the United States (US), 30 states have filial responsibility laws, with penal provisions ranging from civil court action to criminal penalties.
Under Lacson's bill, a parent who is in need of support may file a petition for support before the court and pray for the issuance of a support order against those children who failed or refused to provide such support.
The Public Attorney's Office (PAO) will provide the legal representation of the parent in need of support and no court fees will be assessed.
Before hearing the petition, the court shall refer the parties to a conciliation officer for mediation, to preserve the family unity and peace.
Also, the bill provides for a support order to compel the children to provide the necessary support to their parent/s. It shall be immediately executory and no temporary restraining order or injunction shall be issued by any court, except the Supreme Court (SC), to stay it.
If the children so ordered fail to comply with the support order without sufficient cause or reason, the court may issue a warrant for levying the amount due for every breach of the order.
If the respondent fails to give support for three consecutive months without justifiable cause, the respondent shall face imprisonment of one to six months or a fine of P100,000.
Whoever has the care or protection of a parent in need of support and abandons such parent will face six to 10 years in jail and a fine of P300,000.
Meanwhile, Lacson's bill also seeks to establish an "Old Age Home" for the elderly, sick or otherwise incapacitated parents in every province and highly urbanized city.
Each home shall accommodate at least 50 parents.
"While government is doing its best in providing support in the form of food and shelter as well as enacting legislations like the Senior Citizens Act, it cannot be over-emphasized that taking care of the elderly members of the society is not only the function of government, but rather it is a shared responsibility of government and the children of said elderly. The care for the aged is neither an exclusively private matter to be left to the family nor an exclusively public concern best left to the government," Lacson stressed.