Senator Lito Lapid has filed a bill that proposes to criminalize the act of “deprivation of support” to incapacitated parents.
Senate Bill 2061 “reinforces the duty of children to take care of their elderly, sickly or otherwise, incapacitated parents.”
The bill states that children shall, within their means and capacity, maintain support for their father or mother, who by virtue of being over sixty (60) years of age or suffering from a disease or disablity, are rendered incapable of supporting themselves.”
The bill also cites Article 195 of the Family Code which says parents and their children are obliged to give support to each other.
“This means that the obligation to support cuts both ways— parents must support their children, especially during the years of their minority and dependency; on the other hand, children who are already capable must take care of their elderly, disease or disability-stricken parents who are in need,” Lapid said.
Unfortunately, abuse against an elderly, disabled, or otherwise incapacitated parent, which includes physical, sexual, psychological, emotional and financial abuse, abandonment, neglect and serious loss of dignity and respect, has become an “invisible issue” in the Philippines, according to Commission on Human Rights.
“Nakakalungkot isipin na ang mga magulang na nagpakapagod noong panahong malakas pa sila para masuportahan ang kanilang mga anak, ay kaya na lamang tiisin at abandunahin sa panahong matanda na sila,” Lapid said.
Any person, who despite having the capacity, but neglects to maintain support to his or her parent shall be liable for deprivation of support to parent and shall be punishable by imprisonment of arresto menor as the minimum and arresto mayor as the maximum.
There are also respective fines of not less than P200,000 but not more than P500,000, at the discretion of the court.
