Illegitimate child entitled to dad’s support

3
Persida Acosta

Persida Acosta

Dear PAO,
I’m a single mother of a 6-year-old child. Although she was acknowledged by her father, no support has been given to her by her father until now. Is it alright if I demand support from my child’s father and how much?
Mitch

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Dear Mitch,
According to the Family Code of the Philippines, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family (Article 194, Family Code of the Philippines).

In the same vein, the said law explicitly provides parents and their children, whether legitimate or not, are obliged to give support to each other (Article 195, Ibid.).

On the other hand, the law does not fix the amount of support a child is entitled to receive from his/her father and vice versa. What the law simply provides is that support shall be given on the basis of the capacity of the giver and the need of the recipient. This is according to Article 201 of the Family Code of the Philippines, which expressly provides:

“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.”

Thus, based on the above provisions of law, your child is entitled to be supported by his father and has the right to compel the latter to do so. If there will be no agreement as to how much support your child is entitled to receive from her father, it is the court which shall determine the appropriate amount thereof and compel her father to give the same to the child.

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 dearpao@manilatimes.net

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3 Comments

  1. Now we live in my mom’s house in balagtas bulacan. Im working in san juan. My mom cannot take care of my two kids since shes taking care of my niece already. There also instances that if im asking for his support he would call me mukhang pera at nagpapataas ng presyo I cant even pay my SSS and philhealth coz i need to set it on my kids needs. Most of time both of my kids visit their doctor coz they are diagnos to have asthmatic bronchitis. Another thing is if they requested to getmy kids and i disapprove they would tell “u haven’t taken your medicine referring as if i have a mental disorder. Can you help me

  2. Dear PAO, Im daphne i have 2kids (3yo & 1yo) with my live-in partner. We just got separated this April. We have an agreement that he will give support for our kids amounting of 2500 every 15th and he can take his kids every other weekend (saturday & sunday). Can I demand him of added finnancial support? My salary cannot sustain plus his 2500 coz my eldest goes to school already and still taking his bottled milk. And my youngest as well. And i need to have yaya for them

  3. Dear PAO:
    Please call me Annapolis. i have a 14-yr-old daughter with my girlfriend. when she gave birth to her in 2000, she did not know where i was because i never told her after we had a quarrel and i disappeared. so she named her after her maiden name when she was baptized … i learned about it only from a common friend in Manila when my daughter was two years old, that’s when i came home for a brief vacation from my overseas work — that she had a baby by me. i did not question it because i knew it was mine. from then on i got in touched with her and, i began supporting her and the girl – healthcare, food, dress and other upkeep — till she went to school — until now when she is in grade 9. Although i never acknowledged it before her family and she never admitted to them that I am the father – my GF willingly has accepted my financial support. And I would see our daughter once a year when I came home for my work leave. In short, her family had remained in the dark UNTIL LAST MARCH as to the identity of her (and mine) daughter’s real father. Now, at 14, she has begun asking why her name (after her mom’s maiden family) did not follow mine. So, last March, i decided to write her Ate (the second in the family) and her husband, admitting to them in my own handwriting that i am the girl’s father. My query is: Is there a way outside of adoption process to have my daughter’s name follow my surname legally. By the way, I am considered single now after a metro manila regional trial court declared in 2007 that my wife has been absent since 1980 (I last saw her in 1980 and had no communication with her ever since). Thank you.