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Query: Several years ago, Cardo and I met at the
hotel where I was working, which meeting paved the way for our close
relationship. Not knowing that he was a married individual, I fell
in love with him. Believing his sincerity—he promised to marry me
when he would come back from abroad—I yielded to his sexual
desire. Subsequently, he disappeared, but our illicit relationship
bore fruit—I gave birth to a baby girl.
As my meager salary was not
sufficient to support me and my daughter—especially when she
started going to school—I exerted effort to locate Cardo. However,
I gathered that he had gone abroad as a seaman. Worse, I found out
that he was a much married man with six children. Having learned
about my escapade with Cardo, his wife is allegedly planning to
liquidate me and my daughter. Said news has placed me in despair,
aggravating my problem of having Cardo support my growing daughter.
My friends tell me that I will have no chance of suing him, because
he is not in the Philippines.
Fortunately, I came across your
column in The Manila Times giving legal assistance/guidance to
people who have legal problems, like me, but cannot afford to go to
a lawyer for consultation.
Initially, I wish to ask
you: is my young daughter entitled to support from Cardo? My friends
tell me that I cannot demand support for my daughter, because I
consented to have sexual intercourse with the man I fell in love.
Secondly, I ask: If my daughter is entitled to support, how can I
enforce the same since Cardo is presently abroad working as a
seaman? Thank you in advance for your views in guiding me solve my
problem which is driving me crazy. Dely T.
Response
Your problem should give a lesson
for women who immediately consent to have sexual relations with men
they fall in love without fully scrutinizing their background. With
respect to your first question, I am giving you some views relative
to the term support. Article 194 of the Family Code provides that
“support” comprises everything indispensable for sustenance,
education and transportation, in keeping with the financial capacity
of the family.” It specifies that the education of the person
entitled to be supported includes his/her transportation expenses in
going to and from school, or to and from place of work.
Under Article 195 (4) of said
code, a parent is obliged to support his illegitimate child. The
amount for such support, however, is variable – it should be in
proportion to the resources or means of the giver and the
necessities of the recipient and the resources or means of the
person obliged to support (Article 201, id.). It may be reduced or
increased proportionately according to the reduction or increase of
the necessities of the recipient and the resources or means of the
person obliged to support (Article 202, id.). Said law further
provides that the obligation to give support “shall be demandable
from the time the person who has a right to receive the same needs
it for maintenance.”
However, it is not to be paid
except from the date of judicial or extra-judicial demand. Payment
has to be made within the first five days of each corresponding
month (Article 203, id.).
With respect to your second
query—if Cardo refuses to give the needed support which may propel
you to file a complaint against him —you should read a recent
decision of the Supreme Court in Dolores Montefalcon & Laurence
Montefalcon vs. Ronnie S. Vasquez (G.R. No. 165016; prom.: June
17, 17, 2008) regarding the service of summons (notices sent to
defendant by a court after a complaint is filed) to seamen. In said
case, the High Court ruled that service of summons on seamen can be
effected under Rule 14, Section 15 of the Rules of Court, which
states:
Extra-territorial service –
When the defendant does not reside and is not found in the
Philippines, and the action affects the personal status of the
plaintiff or relates to, or the subject of which is, property within
the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief demanded
consists, wholly or in part, in excluding the defendant from any
interest therein, or the property of the defendant has been attached
within the Philippines, service may, by leave of court, be effected
out of the Philippines by personal service as under Section 6; or by
publication in a newspaper of general circulation in such places and
for such time as the court may order, in which case a copy of the
summons and order of the court shall be sent by registered mail to
the last known address of the defendant, or in any other manner the
court may deem sufficient. Any order granting such leave shall
specify a reasonable time, which shall not be less than 60 days
after notice, within which the defendant must answer.
It is hoped that the
foregoing will inspire you to think of a bright future. Anyway,
nothing is permanent in this vale of tears.
Above all things, let us reflect
on what our Lord and Master Jesus Christ said: “Whatever is hidden
away will be brought out into the open, and whatever is covered up
will be found and brought to light.” (Luke, 8:17).
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