Can I still ask support from my father even if I am no longer a minor? I’m still single but unemployed. My parents are not married to each other. I want to finish a degree in college but I have no means to pay the expenses. Can I oblige my father to finance my education?
Since you did not mention in your letter that you were recognized by your father, we will assume that you were acknowledged.
The law mandates parents to give support to their legitimate and illegitimate children and vice versa. This is what Article 195 of the Family Code of the Philippines explicitly provides. The same law defines support as follows: “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.”
Clearly, you may oblige your father to finance your education even if you are no longer a minor. However, since it does not appear from your letter that your father is capable of providing the needed support to defray the expenses of your completing a degree in college, the same shall be in proportion to his capacity vis-à-vis your needs. This is according to Article 201 of the Family Code of the Philippines, which provides: “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.”
On the other hand, if your father is capable of providing you financial support to finish a course in college, then you may compel him to do so.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com