Dear PAO,
My husband passed away five years ago due to a car accident. Being a solo parent, I did everything I could to support my two children. Last year, I met my childhood sweetheart and we instantly fell for each other. I begot a son and we now have a baby.

The problem is that he is married. When his wife learned about this, she threatened me that she will not let her husband support our son. She also threatened me that she will sue her husband, who is a police officer by profession. Despite these, he signed the affidavit of paternity in our son’s birth certificate and helped me shoulder the hospitalization expenses. But after that, I have not heard from him again. I do not want to go to his workplace or their house because I still want to give him some respect. I do not intend to maintain a relationship with him; I just want him to provide support for our son because I do not have enough means right now. What should I do to invoke my son’s right? Will there be any legal repercussions to me and my child considering that he is legally married? What about in terms of his work? I do not want to compromise his job because he also has other children to support.
Annette

Dear Annette,
Even if your child is illegitimate, he still has the right to seek support from his father. As provided for under Article 195 (4) of Executive Order No. 209, otherwise known as the Family Code of the Philippines, parents and their illegitimate children and the legitimate and illegitimate children of the latter are obliged to support each other. Support, as described under Article 194, id, comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

It is essential for you to present proof of your son’s filiation with his father. As you have mentioned in your letter, your son’s father has acknowledged their filiation by signing the affidavit of paternity in your son’s birth certificate. Consequently, you may use such document in invoking your child’s right to receive support. You may consider talking to him and informing him of your son’s needs. If this falls on deaf ears, you may opt to file an action for support against him before the Regional Trial Court of the place where you and your child reside.

We do not see any legal repercussions on your part or that of your child should you decide to pursue filing the case in court. Since, as you have mentioned in your letter, you are not maintaining and have no intentions of maintaining a relationship with this legally married man. However, insofar as his wife is concerned, it is all up to her whether or not she will pursue filing a complaint against her husband, and whether or not she will complain him before the office of the Philippine National Police. Any person whose right has been injured or believes has a right to be protected may seek help from our courts as well as administrative and quasi-judicial bodies. Nonetheless, it will be essential for her to establish the right she is seeking to invoke as well as the particular acts that caused injury or damage on her part. If she fails to prove the same, the said court or entity may only dismiss her case.

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 This email address is being protected from spambots. You need JavaScript enabled to view it.