My husband works as security personnel for one of the known private companies located in Makati City. Despite his regular salaries and monthly bonuses, it is very difficult to ask him for timely support for our son’s needs. He would give money but most of the time we just get into heated arguments. I just want to go directly to his employer and demand that at least 60 percent of my husband’s earnings be directly given to me so as to avoid having constant bickering about money. Do you think this is possible?
We recognize your desire to simplify the manner of obtaining support from your husband, while avoiding any future disagreement or further dispute between the two of you, by demanding directly from his employer the release of a portion of his salaries in your favor. We, however, submit that such arrangement will not be possible as it is contrary to law, unless your husband authorizes his employer in writing to pay his wages or a portion thereof directly to you or to any member of his family. This is in consonance with Article 105 of the Labor Code of the Philippines which provides that “wages shall be paid directly to the workers to whom they are due, x x x”.
Rule VIII, Book Three, of the Rules to Implement the Labor Code further states:
“SECTION 5. Direct payment of wages.—Payment of wages shall be made direct to the employee entitled thereto except in the following cases:
(a) Where the employer is authorized in writing by the employee to pay his wages to a member of his family; x x
Accordingly, the most appropriate recourse for you to take is to talk to your husband and propose to him the execution of a written authorization so that there won’t be a need for you to bother him and hopefully lessen the possibility of arguments between the two of you. This authorization must specifically indicate that he is allowing his employer to deduct a certain amount or percentage of his salaries to be given to you. Again, it is only when your husband gives his written consent to such deduction can his employer be compelled to deduct from his salaries in your favor.
Should your husband refuse to execute such document and altogether refuse to provide support for you and your child, then you may opt to file an action for support against him because under the Family Code of the Philippines:
“Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
x x x
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; x x x” (emphasis supplied)
We, however, wish to emphasize that the amount of support shall be in proportion to the resources or means of your husband and to your necessities as well as those of your child. Such amount shall be reduced or increased proportionately, according to the reduction or increase of your necessities and the resources or means of your husband. (Article 194 in relation to Articles 201 and 202, Id.)
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org