Legal Support for the Child and R.A. 9262

Through all the family cases that we have handled, we have come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it is easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Legal Support for Children and Republic Act 9262

It should not be as complicated, but reality makes it so. Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other:

  • (1) The spouses;
  • (2) Legitimate ascendants and descendants;
  • (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
  • (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
  • (5) Legitimate brothers and sisters, whether of full or half-blood; and
  • (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

If you are a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. [See Laws on Child Support in the Philippines]

Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.

Atty.Fred

762 thoughts on “Legal Support for the Child and R.A. 9262

  1. Zenen

    Magandang umaga po! sanay matulungan at mabigyan pansin ang aking pagdulog sa inyu… Meron po aqung malaking katanungan at kailangan po ng advise mula po sa inyu?? Me kapatid po aqung lalaki nagkaroon po xa ng ka live-in partner at nabuntis, dhil po sa d pagkaka unawaan naghiwalay? Nung naipanganak ang kanilang baby d po nakapagpadala agad ng pera ang aking kapatid dhil nagkaroon ng problema sa sahud po nila? Ngaun po nagalit po ang babae kc wala dw po kwnta si brother, at kung anu2x pa, nung mag iisang buwan na ang bata tinixt kami nung babae na pag d dw po namin kinuha ang bata ay ibibigay nya sa dswd? Pagka sabi q sa parents q po nung nabasa q ang mensahe, ai agad po clang nagdisisyun na kunin ang bata, hinatid po ng nanay ang bata sa terminal ng bus at sinalubong nlng po ng kapatid q na babae nmn, ngaun po since d po nmn alam ang gagawin pinarihistru po ng mga magulang q ang bata sa pangalan nila tinanung po ng parents q ang aking kapatid na lalaki qung payag po xa? Ang sagot nya po at oo?? simula po ng dumating ang bata d na po nag paramdam ang ina nya… ngaun po 3yrs old na po ang bata at gustung kunin ng tunay nyang ina na nag.abandona sakanya kc na realize nya po na nanay xa?? Ang tanung po my rytz po ba kami na wag ibigay ang bata sa ina or me rytz po ang kapatid qung lalaki na wag ibigay ang bata sa nanay since xa na po ang bumuhay sa bata?any legal advze po na makakatulong ng malaki sa amin po? Maraming salamat po sa pag bigay ng attention?
    Godbless po
    Email me po : zenendumduma19@gmail.com

    Reply
  2. Cristina

    my husband have 1 children with other girl. the girl is filing a case against my husband because she is asking for financial support. my husband and that girl has an agreement that my husband will give 3000 monthly, but now my husband fails to give support because as of now he had no work. But he told the girl after he find job he will continue the support. But still the girl is demanding for the support, but the salary of my husband on his previous job sometimes is not enough to give support to them.
    the girl will file a case against my husband, what can i do as a wife.. what are my rights? how can we fight that girl? I am the legal. Wife

    Reply
  3. Colleen

    I would like to ask, what if the custody of illegitimate or ligitimate child remains to the father, can he ask for financial support from the mother too?
    and i would also like to ask if the financial support to ligitimate or illegitimate child should be divided and shouldered equally by the parents or it should be shouldered by the father alone regardless of the custody or should be shouldered alone by the one who do not have the custody over the child?

    Reply
  4. jennivie

    Good eve atty,
    Im a mother of 3 and all i want is to ask about the rights of my children. Were not married but we separated. I want to ask if my children can get any financial support from their father. How will i file that and what procedure.

    Thanks for reading and thanks for the answer

    Reply
  5. glaime

    good morning.
    i am married with the father of my child. our child is now 3 year old without any support from his biological and legal father since he’s 3 month old. he’s father has a mistress, they have a child and 2 year old and living in together for 3 years now.
    so now it happened to be that our child is abandoned right? and i want now to take our child’s support. by then how? thank you.

    Reply
  6. Lomarie

    Hello po Atty…
    Ask kulang po ofw po ako dito sa Kuwait hanbang and on po ako sa pinas binubogbog po ako sa asawa ko kaya po naisipan ko nalang po na umalis at sa nandito na po ako tinadala na po ng asawa ang babae niya sa bahay at pinapakita po sa dalawang anak ko po.. At mula po pag Ali’s ko ng pinas po pinabayaan na po niya ang dalawang anak namin kaya po naisipan kunalang po na ipakuha dun sa kapatid ko.. Regular po siya sa trabaho mula po page also ko sa pi as ko di na po siya nagsusuporta sa mga anak po namin. Ano po ba ang pwdi kong gawin kasal po kami at patapos na po ang contrata ko dito sa Kuwait at wala na po akong trababo

    Reply
  7. Arnold

    Hi goodeve Sir! Tanong ko lang po sana kung may laban ako sa anak ko, lahat ng pangangailangan niya ako ang nagproprovide pati allowance niya at grocery niya naiibigay ko yun ng walang palya..may daugther is only 8 years old at nasa puder ng nanay niya. Gusto po kasi ng nanay niya hindi ko na lalapitan yung anak ko pero continous dapat ang sustento ko sinisiraan din ako ng ex wife ko sa anak namin..ang ex wife ko po ay nan lalaki at sumama na sa kalaguyo niya.. may karapatan po ba akong makuha ung anak ko..salamat
    Sa ngayon mu nagbibigay pa rin ang ng supporta sa anak ko

    Reply
  8. rupert

    Hi sir good evening id like to ask about what if the mother and father is seperated but they are not married and her mother is on cavite and she is on makati. Her mother doesn’t give money as well as her father. Here’s the thing here in the makati she got a scholarship from her a church and she has a teacher who’s guiding her partially. Her teacher wants her to stay in their house because she cant pay her rent which is 1.8k her scholarship only gives her 1.3k but she didnt because she had a job offer from us that gives her a prievelage to stay at the house with things to sustain her liivng. The teacher gone mad we’d like to ask if it will be possible for her (the teacher) to issue kidnapping when her mother and father is alive and is still in touch with her

    Reply

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