• Illegitimate children can demand financial support

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    Persida Acosta

    Persida Acosta

    Dear PAO,
    I am an illegitimate child and studying in a public school. My father recognized me as his daughter; however, he does not support me in my education and other financial needs. On the other hand, I see that his legitimate children are all well provided .What are my rights as an illegitimate child?
    Valerie

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    Dear Valerie,
    As an illegitimate child, you have the right to use the surname of your father considering that you have been recognized as his daughter. Republic Act (R.A.) No. 9225 provides that: “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.”

    You can also demand financial support from your father. 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). The following persons are obliged to support each other: (a) spouses; (b) 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 of full or half-blood (Article 195, Family Code of the Philippines).

    The amount of support; however, depends on the financial capability of the person obliged to give support and the necessities of the person demanding it (Articles 201 and 202, Id.) Correlative to the provisions mentioned in the preceding sentence is Article 204, which states that: “the person obliged to give support has the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is moral or legal obstacle thereto.”We hope that we have addressed your legal concern. 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 dearpao@manilatimes.net

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    2 Comments

    1. question:I am a father of my illegitimate child,my concern is..is there a new code or.family code now which provides that illegitimate child of a father can avail any of the benefits of the employer?infact single mom in our company can avail all the benefits for their child..which is very unfair for the sides of the gentlemen.

    2. My case is I’m a illegitimate child but my real father is not the one who signed my birth certificate, but he recognized me and support me financially throughout my education and basic needs, he is now a senior citizen and still single. My question is I have the rights to all the properties of my real father? Did my tito and tita have the rights in his properties? Thank you very much.