I have a daughter with my ex-boyfriend. Is my daughter entitled to financial support from her father?
Your daughter is an illegitimate child since she was born outside of a valid marriage between her parents. As an illegitimate child, your daughter may only be entitled to receive support from her father if she has been duly recognized by the latter as his own illegitimate child.
An illegitimate child’s filiation may be proved in the same manner and evidence as legitimate children (Article 175, Family Code of the Philippines [FCP]). Hence, you may be able to prove your child’s status as an illegitimate child through any of the following: 1) record of birth appearing in the civil register or a final judgment; 2) an admission of filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, filiation shall be proved by the open and continuous possession of the status of legitimate child or any other means allowed by the Rules of Court and special laws (Article 172, FCP).
If your daughter is duly recognized by her father, she will be entitled to receive support from him. The right to support shall be demandable from the time the person who has a right to receive the same needs it for maintenance but it will only be paid from the date of judicial or extra-judicial demand (Article 203, FCP). You may compel the father of your daughter to give financial support by sending him a demand letter. If he unjustly refuses to give support despite the demand, you may institute an action for support before our courts against him.
The amount of support that your daughter may receive will depend upon the means or resources of her father and her actual needs (Article 201, FCP). It should be noted, however, that even if the court already fixed the amount of support for your daughter, it does not mean that she will be receiving the same amount for the whole time that she needs it. The allowance for support is essentially provisional. The alimony may be modified or altered in accordance with the increased or decreased needs of your daughter and with the means of his father (Lam vs. Chua, G.R. No. 131286, March 18, 2004).
We hope that we were able to answer your query. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com