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.
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.
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Atty i would like to seek help. Im in a bad shape now. I am 7 months pregnant. I dont have work as of the moment because of my situation. Im legally married to my husband. He has a stable job. He provides weekly vitamins and milk and for my monthly check up. But for myself as a wife he dont provide for my welfare (food, housing etc) because he says that his salary is not enough. He is earning 30k plus in a big company here in the philippines. Please i need some advice. Can i ask for legal help at legal departments for my demands? Thank you.
May anak po ako na may special needs. 7 years of 4 hrs intervention per week. Yung tatay inabandona siya for almost 10 years. Just recently nagsabi na magsusupport at sasagutin na lahat ng gastos at napilitan ako huminto sa trabaho. 2 mos lang nagbigay kulang pa. After ko i-confront nagsabi ng halaga na ibibigay niya na kulang na kulang pa sa pangangailangan ng bata. Delay pa kung magdeposit. Pwede po ba makasuhan dahil insufficient at delayed ang bigay niya. May proof po kami na kaya magbigay ng tama.
What if both of my parents don’t want to support me anymore? Even my tuition fee,food, and housing? For the reason that they don’t want to spend money. They are firm on their decision.
Until when (my age) they are oblige to support me? And what should I do?
Hi gd eve po. Ako po ay 14 yrs old na bata ang papa ko po ay isang seaman at mama ko ay abroad d cla kasal live in lg cla anak po nila ako chaka may isang kapatid na dn ako na lalaki. Nagkahiwalay cla nung 2008 tpos after 1 yr kinuha kmi ni papa na d alam ni amma ksi nag abroad c mama at nag asawa nlng don tpos pg balik nya wala na kmi kinuha na kmi. Tpos 8yrs na kmi sa ky papa ngayon tpos c papa nmin d pumapayag na makikipag communicate ako ky mama ksi nagagalit sya nag bibigay nmn c mama skin ng pera kahit d alam ni papa . Ngayon ang problema ko kasi nung sept 22 2018 umalis ako sa kanya tpos pumunta ako ng bahay ng lola ko pero d nya ako binibigyan ng pera kaya nag chat ako dun ky mama at binibigayn na nya ako ng pera nagpapadala sya sa atm na pinahiram ng tita ko, mga 1month at kalahati ako na hnd nya binibigyan ng pera kaya d ako nag iiskol ksi tamang tama lg nmn para sa pagkain ko ang pinapadala ni mama. Tpos nung nov 13 umalis ako na hnd nagpaalam pumunta ako ng manila sinundo ako ng tita ko ksi may bahay nmn d2 c mama tpos tinanong ko pinsan ko kong ano reaction ng papa ko kong bkit ako umalis sabi lg dw nya na “hayaan mo sya sa buhay nya” tpos nung april 18 nag chat ako sa kanya na pwede po ba sga mg bigay ng supporta skin kahit 3k lg kada buwan kasi anak nya nmn dn ako e at apilyedo nya dinadala ko tpos may communication nman kmi. Sabi nya d sya mg bibigay ksi and2 nmn dw ako sa mama ko bat pa sya mg bibigay . Yan sabi nya tpos last nya na cnabi kalimutan nlng dw sya nmin ksi kakalimutan nya rin kmi. Syempre masakit dn skin dahil papa ko yun kamukha ko yun kaya tanong ko lg po kong pwede pa rin ba sya mg bibigay ng supporta nya skin kahit nand2 ako sa side ng mama ko?
Good evening! Brief background, we were abandoned by our father of his responsibilities, he cohabited with another woman and had 4 children. We are his legal family,our mom is his legal wife and we are 3 legitimate children. Sinikap ng mama ko na isustain lahat ng needs namin til makagraduate kmi at makapagwork na. Di naman sila ni papa legally separated pero no support samin. Question po, ngayong retirable si papa sa pnp, pwede ba kaming magpetition for proportionate share sa retirement benefits niya?
Hi good day,
I am in need of help in regards to my situation with my family. I am not married but I have 2 kids. Their mother was previously a “GRO” when we met. Since she was living alone I asked her to live with me instead.
Since then our relationship has been rough as I really did not wanted to marry her and that it felt wrong.
The mother of my children still does not have any work, she plans on going outside of the country though but to work as a “mamasang.”
She and I struggled giving good quality education to our kids because her job was not permanent. I owe a lot of money from a lot of banks and a lot of people due to the tuition fees house expenses and everything.
I now have a partner who tries to help me as well in my situation. My kids and their mother still lives inside my premise. I am working at a call center I make 14-16k per cut.
I provide schooling, food at home and pay for the loans. The mother of my children asked PAO and was advised that she has to get half the salary I am getting.
I am worried about this as I do not want her to just rely on my own hardships I also doubt that it will be placed as a budget for my children.
I need some advise
Please and thank you
Regards
Anon
Hi,
I would like to consult my friend’s situation. She has been in a relationship with his ex for almost 5 years. they had a baby last year and my friend’s pregnant again. they split up last month because the guy was caught cheating. the guy didn’t contact my friend after the confrontation and didn’t even bother to give support to the child. could this be a possible ground of RA 9262?
Good day attorney.. Ask ko lng po kung my karapatan po ba ako sa property ng parents ko…iba ung apelyedo ko kc illigitimate child po ako din my 2 kids n sila…ung property nka pangalan po sa apelyido ng stepfather ko… May habol pa ba ako sa property n un and now married napo ako…salamat…
hi nakapag hearing na po kame ng ex ko sa fiscal’s office nagfile po kasi ako ng economic abuse. sabi po niya makikipag settle po sya pero sabi niya minimal amount lang daw po yung pwede nyang ibigay 11years po nyang hinde sinuportahan yung anak nmen. humingi din po ako para sa tuition fee ng anak nmen kaso wala daw po siyang maibibigay.
Good afternoon Sir,
I am a father of a child and recently me and my live in partner got separated. my question is, do i have the right to request to lower the support my previous live in partner asking me to give because i can no longer sustain my necessities? right now i am working as technician with minimum wage. i am not planning on leaving my responsibilities behind but right now i don’t have enough source of income to give the amount my previous partner want. what should i do?