Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve 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’s 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

Well, it shouldn’t 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’re 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

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

  1. AvatarBeng

    Hello po, maraming salamat po sa mga advices na binigay ninyo. May tanong lang po ako regarding sa illegitimate children ng deceased father ko. Nanghihingi po kasi ang mother nila ng financial help sa mother ko. Ang question ko po ay obligado ba po ang mother ko or ako to provide financial support sa kanila. Regarding sa inheritance and conjugal property nila, naitransfer na po sa akin ang title ng house bago pa namin nalaman na may anak ang father sa iba. Ang totoo nyan po halos lahat ng napundar ng parents ko ay galing sa paghihirap ng mother ko. Nagretire ang father ko at the age of 45, dati syang ofw. From then on, mother ko na ang sole breadwinner at binibigyan nya ng allowance ang father ko araw-araw. Yung pala nagkaroon sya ng babae at naganak siya dito ng dalawa. Nawawalan ang mother ko ng pera, nawalanlahat ng personal nyang mga gamit dahil kailangan nyang buhayin ang anak nya sa labas. Yung allowance nyang bigay ng mother ko, pinangsusuport nya sa mga bata. Nalaman na lang namin lahat , 12 years old na eldest nya sa kabit nya, which is after na ng pagtranfer ng title ng house sa akin. Namatay ang father last 2018 after a year of dialysis. Now, yung Nanay ng anak nya contacted my mother asking support. Kaya po ask ko po kung obligated ba kami under the law . Salamat po sa pagtiyaga sa pagbasa. Mabuhay po kayo at marami pang matulungan.

    Reply
  2. AvatarMaricel palacios

    Gud eve..sana po matulungan nyo kapatid ko sa prolem nya..ang kapatid ko po sabihin natin mistress sya kasi hindi cla kasal ng lalake.meron clang anak isa po 12yrs old..ngayun po ang prob po meron po syang another na babae at hiniwalayan ang kapatid ko..at putulin nya na daw yung sustento nya sa anak nya..e wala pong trabaho ang kapatid ko kasi huminto sya sa trabaho nung nabunyis sya po..ang lalake po ay isang mechanical engineer nakabase sa quatar po..at malak8 po sahod nya sa totoo lng po..anu po ang dapat gawin ng kapatid ko po..?

    Reply
  3. AvatarKim

    Hi, I Just wanna ask how can I file a case the father of my child. He stop giving support, I am 4 months pregnant and he’s working in Saudi Arabia. He is married, but they already separated. He only give support once last October 19 and then after 2 days he blocked me. What should I do? Please help, thank you!

    Reply
  4. AvatarMichell

    Hello po, ako nga pala si michell single mother po ako dahil hinde kami nagkatuloyan. Anu po dapat kung gawin para ma bigyan niya nang financial support ang bata.. Ayaw niya kasing magbigay. Dati tahimik lang ako tungkol dito. Kaso na aapektohan na ang bata sa mga paasa niyang mga salita. Hinde ko naman pinagkait ang bata sa kangya. Siya pa ang nagturo sa bata para ma galit sa kanya. Last year november 2019 hiniram nila ang bata, at bibigyan daw kako nang phone, nang pauwi na ang bata sinabi niya kukunin nila sa December 8 kasi fiesta sa kanila, at sabi pa na doon din mag pasko sa kanila. Kaso lahat nang mga sinabi ay walang na tupad. January 3 kaarawan nang anak ko. Nag message ang anak ko na birthday niya. At nag reply naman ang ama nya. Ang sabi nang ama niya happy birthday. Punta siya dito sa bahay nang sabado para bigyan nang phone at dahin sa mall. At hinde naman na tuloy. Sabi busy daw siya. Ang gusto ko lang naman sana huwag niyang paasahin ang bata. Akoy nasasaktan sa mga kasinungalingan nya. Ang gusto ko sana sa maayos na proseso…12 years na ang anak ko ngayon na kahit mensan hinde nag bigay. May law po ba para dito?

    Reply
  5. AvatarLovie

    Hi! I need your advice po regarding my situation right now. I and my husband got civil marriage last 2017 and we have a 2 year old son. Just this February I found out that he has an ex wife in other province and they were also church married last 2007 with two girls kids. My husband has business before aside from his work as a manager in a private firm but sad to say that his business collapsed due to mismanagement. He got debt left and right aiming to sustain his business and it didn’t work. During my pregnancy and delivery of my son he wasn’t able to give me support due to dying business but his support to his children in his ex wife were continually given despite of hardships in terms of financial sustainability. As my son grows up he stayed with us but sometimes he meet half way with his ex family due to kids requests. He gave us also support but it cannot compensate to the needs of my son. I asked him why he’s doing this he told me because i have my work and i have my salary to support my son. My questions are:

    *do I have the right to demand an equal support for son?
    *How many years does a couple separates to be considered that they are separated and can file a separation from his ex wife?
    *Do I have any case to face regarding our marriage?
    *If my husband salary is 100000 a month how much should be my son support from his salary?
    *Which marriage is to be considered a lawful one?

    Please help me.
    Thank u

    Reply
  6. AvatarEzra

    I’m a single mom here. It is truly sad to hear same and same stories of neglect of support for our children. But there is only one advice that I would like to share with you all and that is to Trust God with all your heart and soul coz He is our provider and He will guide you on your path..Pray that He enlighten the heart and mind of your ex husbands to do their responsibilities instead of cursing them. I am over 1 year of having no support from my ex and currently waiting for the fiscal’s decision on the case I filed against my daughter’s father and all throughout these waiting time, I have peace of mind in everything and all our needs are provided to us by God.

    Reply
  7. AvatarAngel

    Have a good day,i just want to ask some advice , I want to file separation . we are married for almost 8 years, I am an OFW now deciding to take risk because my husband cant able to support us financially , now He was living with someone and he is not taking the responsibility to our son who is 8 years old now. No financial support from Him , not meeting my son as well. What are the cases can I file in this kind of situation and is this scenario helps if I file a separation case to be approve ?

    Reply
  8. AvatarMaria

    Gud eve sir,gusto ko lng po sna mgtanong about s recent ko po n problem…ako po ako hiwlay s legal kong asawa 5yrs ago..nghwlay kmi dhl umlis ako s bhy at dko n mtiis ang klgayan ng aking mga ank dhl wla kming mkain n ay nananakit p ang asawa ko..lumipas po ang taon ay nagkarelasyon ako s iba at ngkaroon ng ank….ngaung taon ay nghahabol ang dti kong asawa pra s mga ank ko na kahit na niminsan ay hindi ngsustento s tatlo kong ank…itatanong ko po sna n kng mrn po b akong lban s gustong ikaso saakin ng dti kong asawa…salamat po s pgsgot..

    Reply
  9. Pingback: Steps in Annulment and Declaration of Nullity of Marriage » Philippine e-Legal Forum

  10. Pingback: Laws on Child Support in the Philippines » Philippine e-Legal Forum

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