• Mistress has no legal right to demand support

    3
    Persida Acosta

    Persida Acosta

    Dear PAO,
    My brother has a mistress who is demanding support from him. He is still married but is living away from his legal wife whom he has no communication with for about 3 years already. My brother is currently unemployed. Despite this, his mistress, who is living in his house, is persistently demanding that he regularly gives her support.

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    My brother is only relying on the allowance I give him every once in a while and his mistress claims that she is entitled to a portion of this as her financial support. Is there any legal basis for her claim for support from me or my brother?
    Kris

    Dear Kris,
    The mistress of your brother has no legal right whatsoever to demand support from you or your brother. The law 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” (Family Code of the Philippines).

    Considering that the mistress of your brother does not belong to any of the specified classification of relations, she has no legal basis to claim support from you and your brother. Furthermore, it can also be argued since having a mistress or concubine is penalized by law, no legal right for support can come from this illicit relationship between your brother and his mistress. Thus, to reiterate, the mistress of your brother is not entitled to demand nor receive support from you and your brother.

    The situation will differ, however, should you confirm that your brother has a child with his mistress. If so, your brother will be legally obliged to provide support for their child based from the above cited law. However, even supposing that your brother has a child with his mistress, his obligation to provide support may be affected by his current state of unemployment or lack of source of income which means that he has no ability to provide financial support to his child. This is because the law dictates that the amount of support to be given is also dependent on the ability of a person to give support (Article 201, Family Code of the Philippines). Thus, the amount of support that your brother may be required to give to his child will be based on his ability to provide for it. Despite this, the important fact remains that the mistress still cannot demand support for herself.

    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.

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    3 Comments

    1. Dear Ms Pao,
      My brother has a legal wife and legally married for 46-years and have 4-children of matured ages already.
      My brother meet a woman and married again in the judge and church with 3-children.
      Legal Questions:
      1. Is the marriage for the second woman wiyh 3-children valid or invalid.
      2. Are the 3-children legitimate or ilegitimate.
      3. Is my be forced to support the 3-children above 18-yaers old or below.
      4. My brother bought a property alone in the purchase receipt from the realtor and discribe the second woman as: “married to” in the Title of the property will this second woman entitle to be co-owner.
      5. The second woman filed a case on the said property and the judge ruled that she is a co-owner of the property but during the time of litigation my brother did not submit all the purchase receipts as proof that my brother alone bought the property.
      6. My brother and the second woman executed an Irrevocable Power of Attorney for my brother to mortgatge and transact all business for the property except selling, and the property was mortgage but my brother fail to pay the mortgage and the property has been forclosed. Is this second woman has a legal rights to file a case against my brother regarding this property issues? What case can the second woman be allowed to file against my brother?
      Please reply with clarity: Mon