Dear PAO,
I am an unwed mother of four. I have an on-and-off relationship with the father. Ever since, he had no job; just until last September 2009 until April 30, 2010.

At present he is jobless and stays with his parents. He is not supporting our children but has vices on drinking and sometimes even drugs out of the money that his parents are giving him. He exerts no effort to find money and not even heeding my
plea of having him help with my livelihood. Last April, I filed a complaint against him at the DSWD, wherein he admitted and acknowledged that he is the biological father of my children. My question is: What case can I file against him considering that I’m financially hard up as my children are already in school?

Single Scorpio


Dear Single Scorpio,
Article 194 of the Family Code of the Philippines provides that support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. On the other hand, Article 195 of the same law provides, among others, that parents and their illegitimate children are obliged to give support to each other.

Thus, based on the foregoing provisions of law, the father of your children is mandated to give support to them. However, the amount of support to be given shall be based on his resources vis-à-vis the necessities of your children (Article 203, Family Code of the Philippines). Oftentimes, this amount is left to the sound discretion of the court, especially so if the person obliged to give support does not agree
to the amount being requested from him.

Furthermore, the obligation to give support shall be demandable from the time the person who has a right to receive the same needs it but it shall not be paid except from the date of judicial or extrajudicial demand (Article 204, Family Code of the Philippines).

Accordingly, you may send a letter to the father of your children demanding support. In the event that the same falls on deaf ears, you may file a Petition for Child Support against their father. However, if their father has no means, fails or refuses to do so, you may file a criminal complaint against him for failure to give financial support to your children.

He may be held liable for violation of Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004. This law provides penal sanction against those persons who shall be found guilty of the acts mentioned therein, to wit:

“SECTION 5. Acts of Violence Against Women and Their Children.—The crime of violence against women and their children is committed through any of the following acts:

xxx

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.”

A criminal complaint may also be filed against your children’s father for violation of RA No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act in case you still have one or more minor children. According to this law, a person whose acts amount to child abuse as defined therein shall suffer the penalty of imprisonment. Section 3 of the said law provides:

(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1)    xxx

(2)    xxx

(3)    Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

xxx”

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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it.