• ‘Mistress can’t demand financial support from married lover’

    Persida Acosta

    Persida Acosta

    Dear PAO,
    I am in a five-year romantic relationship with my boss. Although he is married and with children, he has been living away from his family for almost a decade now. We are living together but childless, and he already promised to marry me after the annulment of his marriage. We, however, had a serious argument several months ago, and I decided to move away and rent my own condominium. He stopped paying for my rent and he does not call me anymore. Because of this, I want to know if I can demand financial support from him considering that we are already pretty serious in our relationship, and have been living together already. I appreciate your legal advice.


    Dear Fiona,
    From the details of what you have narrated, it appears that you are a mistress of your married boss. This fact is important since the right to demand support from another depends on the nature of their relationship. The Family Code of the Philippines specifies the persons whom an individual may be obliged to support, to wit:

    “Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

    (1) The 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; and

    (5) Legitimate brothers and sisters, whether of full or half-blood” (Ibid.).

    Since your relationship as a mistress of your boss does not belong to any of the specified classification of relationship mentioned above, it is apparent that you have no legal right to demand and ask support from your boss. In addition to this, it can also be argued that since having a mistress or concubine is penalized by law, no legal right for support can come from such an illicit relationship.

    Even the nature of your work connection and the duration of your romantic relationship with your boss do not change your lack of legal right to demand financial support from him. The fact remains that you are not among those legally entitled to demand support from him. Thus to reiterate, you are not entitled to demand nor receive support from your married lover.

    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 dearpao@manilatimes.net


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