• Illegitimate child recognized by father can demand support

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    I met one guy named Denver in a seminar which I attended in Abra in the year 2012. Such acquaintanceship developed into a relationship. After I became pregnant and had delivered a baby boy, Denver showed his true color. He refused to acknowledge our child and give support. He even denied that he is the father of my son.

    I do not have the financial ability to provide for the needs of my son, so I am contemplating of filing a petition for support. Please help me regarding this matter?

    Marlyn

    Dear Marlyn,
    Under Article 195, of the Family Code of the Philippines, the following are obliged to support each other: 1) 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; and 5) legitimate brothers and sisters, whether full or half-blood.

    Based on the abovementioned provision of law, an illegitimate child can demand support from the father provided such illegitimate child was acknowledged or recognized by the latter. However, this does not apply to your situation because Denver refused to acknowledge your son and even denied that he is the father. You have to establish the filiation of your son by filing appropriate petition in court before you can demand support from Denver.

    In one case decided by the Supreme Court, it is stated that: “To be entitled to legal support, petitioner must, in proper action, first establish the filiation of the child, if the same is not admitted or acknowledged. Since Dolina’s demand for support for her son is based on her claim that he is Vallecera’s illegitimate child, the latter is not entitled to such support if he had not acknowledged him, until Dolina shall have proved his relation to him. The child’s remedy is to file through her mother a judicial action against Vallecera for compulsory recognition. If filiation is beyond question, support follows as a matter of obligation. In short, illegitimate children are entitled to support and successional rights but their filiation must be duly proved. Dolina’s remedy is to file for the benefit of her child an action against Vallecera for compulsory recognition in order to establish filiation and then demand support. Alternatively, she may directly file an action for support, where the issue of compulsory recognition may be integrated and resolved (Dolina vs Vallecera, G.R. No.182367, December 15, 2010).

    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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