Dear PAO,
Can I ask for financial support from the father of my minor daughter even if she was not

recognized by her father during her birth? I am a single mother and my monthly income is not enough for our daily needs: milk, diapers including the salary of the ‘yaya.’ The father of my daughter left me when he learned about my pregnancy but sometimes he gave money; for example, during the second birthday of my daughter, he gave P3,000. He eventually accepted my daughter as her daughter in social media (Facebook). He is not married to anyone and from what I’ve heard, is gainfully employed because he is a licensed engineer. Please advise me on what’s the best thing to do. Hoping for your advice.
Thanks,
Anjoyce

Dear Anjoyce,
Since you mentioned that the father did not recognize your child during her birth, you may file a Petition for Acknowledgment and Support in the Family Court where you reside so that the Court may order the recognition of your child as the daughter of the father to which the obligation to provide support will come from. Although parents are mandated by law to support their children, you need to establish first the fact of paternity and filiation, or the fact that your daughter is the child of the person you are claiming to be the father. This is important because the obligation to provide support for your daughter is based on this paternal relationship between the father and your daughter.

With regard to sufficiently establishing paternity and filiation, The Supreme Court in the case of Cabatania vs. Court of Appeals and Regodos (G.R. No. 124814, October 21, 2004), held that:

“Time and again, this Court has ruled that a high standard of proof is required to establish paternity and filiation.  An order for recognition and support may create an unwholesome situation or may be an irritant to the family or the lives of the parties so that it must be issued only if paternity or filiation is established by clear and convincing evidence.”

In line with this standard of proof in establishing paternity and filiation, Articles 172 and 175 of the Civil Code of the Philippines provide for the means of establishing filiation:  

“Art. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws.”
 “Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.”

The Supreme Court in the case of Uyguangco vs. Court of Appeals (G.R. No. 76873, October 26, 1989) also enumerated other evidence which may be admitted and considered to prove paternity and filiation, “…like his baptismal certificate, a judicial admission, a family Bible in which his name has been entered, common reputation respecting his pedigree, admission by silence, the testimonies of witnesses, and other kinds of proof admissible under Rule 130 of the Rules of Court.” And since you also mentioned that the father has now accepted your daughter as his child through Facebook, then you may also present this as evidence under the Rules on Electronic Evidence, subject to proper authentication (A.M. No. 01-7-01-SC.- Re: Rules on Electronic Evidence). Thus, you should consider these mentioned means of proof in establishing the paternity and filiation for your daughter.

After establishing paternity and filiation between the father and your daughter, the Court can now oblige the father to provide support to your daughter as his illegitimate child (Art. 194, Family Code of the Philippines). The law defines support as that which ”…comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family” (Art. 194, Family Code of the Philippines).

Support can be demanded as soon as the need for it by the children arises. You may demand support from your son’s father by sending him a demand letter or filing a Petition for Support as earlier stated. Also note that the amount of support is not fixed since it may vary over time depending on the needs of the children. Thus, the court may from time to time adjust the amount of support.

We hope that we are able to sufficiently address your query. We remind you however that this opinion is solely based upon the facts you have given us and our appreciation of the same. The opinion may vary when the facts are changed.