Dear PAO,
Good day! I have a question about the right to support of an illegitimate child. I am a married woman and my husband has an illegitimate child.

My question is, do I have the obligation to support his illegitimate child simply because we are married? Or is it just my husband’s obligation? Thanks a lot.
Arlene

Dear Arlene,

Technically, you do not have the obligation to give support to your husband’s illegitimate child. Article 195 of the Family Code of the Philippines lists the persons obliged to support each other, namely:

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;

5. Legitimate brothers and sisters, whether of the full or half-blood.

By providing a list, the Family Code in effect, limits the obligation and right to support of a person. Clearly, the list does not include the spouse of a parent, like you. Hence, you have no obligation to support his illegitimate child. Such obligation falls on his/her parents.

However, Article 197 of the Family Code of the Philippines provides additional guarantee on the right to support of an illegitimate child, which results in obliging the spousal property regime to advance the support. It states:

“For the support of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership.

This means that the absolute community or conjugal partnership may be held liable for the support of an illegitimate child. But it is subject to the condition that the person obliged to give support has no separate property, meaning he/she does not have the resources to give support.

Moreover, any support for an illegitimate child furnished or advanced by the absolute community or conjugal partnership shall be considered as a debt of the spouse obliged to give support which will be paid or settled upon the dissolution of the property regime by deducting it from his/her share in the absolute community or conjugal partnership.

Applied in your case, it should first be shown that your husband does not have the means to provide support for his illegitimate child before your absolute community or conjugal partnership property may be required to give support. And second, any support for the illegitimate child to be taken from your property regime will be considered as a debt of your husband to the absolute community or conjugal partnership and will be settled upon dissolution.

Note that the support will be taken from the community property or conjugal partnership, and not from your separate property.

In sum, the obligation to support an illegitimate child primarily falls on his parents, but should the latter be incapable to give support, the community property or conjugal partnership may be required to advance the support.

We hope that the foregoing discussion answered your question. On a last note, please be reminded that the opinion given above is strictly based on our understanding of the facts you have given. Any change in the facts or other circumstances will require a reassessment of the problem.