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One question that has been repeatedly asked me is, “How can a woman and/or her children, abandoned by the husband or live-in partner, get support for their financial needs?” Here’s a brief primer on the issue of support.
What law governs support?
The specific provisions of the Family Code of the Philippines on support can be found in Title VIII, Articles 194 up to 208.
What does support consist of?
Article 194 of the Family Code defines “support” as comprising everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education of the person entitled to be supported includes his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.
During proceedings in court for legal separation or annulment of marriage, how will support be provided for?
Article 198 of the Family Code provides, to wit, “During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order.”
How much is the amount of support to be granted?
Article 201 provides that the amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Can support be reduced or increased?
Article 202 provides that support in the cases referred to in the preceding article shall 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 furnish the same.
When can support be demanded? When shall payment be made?
Article 203 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, but it shall not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite (while the case is being heard in court) may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance.
What options, if any, are there for the person obliged to give support?
Article 204 provides that the person obliged to give support shall have the option to fulfill the obligation either (1) by paying the allowance fixed, or (2) by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto.
What rights, if any, does a family relative or a stranger have when he or she renders support to the abandoned woman and her children?
Article 206 provides that when, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it without intention of being reimbursed.
Article 207 also provides that when the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. Article 207 shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed.
What other laws provide assistance to women abandoned by their husbands or live-in partners?
Republic Act 8972 or the “Solo Parents Welfare Act of 2000” provides benefits to single parents. For more information, please refer to my primer on RA 8972 .
Republic Act 9262 or the “Anti-Violence Against Women and their Children Act of 2004” provides under Section 5, paragraph (e), sub-paragraph (2) that it is a crime to deprive or threaten to deprive the woman or her children of financial support legally due her or her family, or to deliberately provide the woman's children insufficient financial support.
How can this right under RA 9262 be availed of?
The abandoned woman and/or her children can ask the Family Court to issue a Protection Order. Section 8, paragraph (g) of RA 9262 states that the Protection Order will “direct the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court.”
Hold Departure Order under RA 9262
Section 36, Rule V of the Implementing Rules and Regulations of RA 9262 expressly allows the issuance of a Hold Departure Order against the man (for example, if he is an OFW or a foreigner, so that he cannot leave the country while the petition is being heard). The said section states:
Hold Departure Order. – The counsel for the victim-survivor or applicant may request the court for a Hold Departure Order in the application or petition for protection order. The court shall expedite the process of issuance of a hold departure order in cases prosecuted under the Act.Section 36 of the IRR implements Section 37 of RA 9262. For more information on this matter, please refer to my previous article on Protection Orders.
What if the husband is working abroad and refuses to communicate with and support the woman and her kids?
The problem here is that the husband is outside the jurisdiction of Philippine courts. One solution can be, if the husband returns home to the Philippines for whatever reason, the abandoned woman can immediately file a petition for Protection Order under RA 9262 and at the same time ask the court to issue a Hold Departure Order under Section 37.
Another long term solution is to ask Congress to pass a law or for the appropriate government agencies (like the POEA) to implement regulations similar to those imposed on Filipino seamen, that is, as part of the employment contract, a certain percentage of the husband’s salary is mandated to be remitted to the family here in the Philippines.
80 comments:
hi atty. galacio,
I just have a few more questions about the Solo Parent Act:
Q. What are the requirements in securing a solo parent ID ?
A. (1) Barangay certificate residency in the area (2) documents /evidence that the applicant is a solo parent (e.g. death certificate of spouse, declaration of nullity of marriage, medical certificate (if incapacitated) (3) ITR or certification for the brgy./municipal treasurer
Q. What document/proof will I present if I have a child or de facto separation from my wife/husband?
A. A Certificate issued by the Barangay Captain indicating the circumstances of one’s being a solo parent.
Q. If I file the application, can this be secured right away?
A. No, the social worker has to complete first the assessment/evaluation of the solo parents situation. ID is issued after 30 days of filing. The validity of the ID is one year.
*******************
What if the single parent is an unwed mother? How can we apply for a Solo Parent ID?
This is based on a mesage posted in femalenetwork.com forums wherein a Single unwed mom, applied for the Solo parent ID, but was declined because she cannot present a death certificate or certificate of annullment.
thanks for answering my queries on your blog.
BTw, what are the chances that a law that will impose that part of the employment contract is that a certain percentage of the husband's salary is remitted to the family, will be approved by Congress?
Can we depend on someone who can voice this out?
What about for unwed moms whose sperm donors are now nowhere to be found ? Is it possible to flag them down thru the POEA or maybe the FOreign Affairs (thru passport renewal, perhaps).?
good afternoon atty galacio,
my husband is a filipino seaman, we have no kids can i file for support?
i have my job but it is not enough for my daily expenses.according to him support is only given if i have kids to sustain? is it true?
please do advice me..i would gladly appreciate your response.
1. Your husband is wrong. Article 195 (paragraph 1) of the Family Code states that spouses are obliged to support each other. Thus even without children, your husband is obliged to support you.
The Family Code also states the following:
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
If you want to ask for financial support from you husband, you can do so under a Protection Order as provided for by RA 9262. You can petition the court to issue a Protection Order so that your husband and his employer will be required to set aside a certain percentage of his income on a monthly basis. If he and/or his employer fail to do so, they can be held in contempt of court.
You can try to get free legal help from the IBP (Integrated Bar of the Philippines) chapter in your town or city, OR from the OLA (Office of Legal Aid) from the UP College of Law in Diliman, Quezon City. You can also ask the DSWD of your local government unit for help in filing a petition for Protection Order. You will be filing the petition for Protection Order with your husband, his employer and the POEA (since your husband is a seaman) as respondents.
a million thanks to you atty.. it is a great relief on my part knowing that i can file for support..
according to my husband he will hire the best lawyer in town..will it matter attorney? he is an officer and earning big bucks. his lolo is an executive judge at RTC. that is why iam in doubt if i will win this case.
1. Section 4 of RA 9262 states, “This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.” This means that the balance of the law is in your favor.
2. If you yourself will not fight for your rights, then nobody will.
3. You must thoroughly know everything about RA 9262.
4. A petition for Protection Order can be filed either in your place of residence, OR in the place where you sought temporary shelter.
5. If his lolo tries to influence the case in favor of your husband, then you can file an administrative case against the lolo with the Office of the Court Administrator (Supreme Court). You can ask for the inhibition of any judge related to your husband or whom you discover has any kind of dealings with him.
thank you so much atty for clearing up the issue.
i will let you know po if nakapagfile na po ako.. God blesses u more atty.
good eve atty.. im now filing for my nudility of my marriage in grounds of pschological incapacity..i been a battered wife for so many yrs and one of my kids experience the cruelty of his father and been a single mum for i 8 yrs now...do you think i have a big chance to win my case...my older son is one of my witness..
You already have a lawyer handling your petition. It will be a violation of the ethic of the legal profession for me to counsel you on the merits of your petition.
Please take note that lawyers (your lawyer included) are not allowed by the ethics of our profession to guarantee the outcome of any case. What lawyers are supposed to do is to fight for the rights and to present the case of their client as efficiently and competently as possible. The outcome of the case is all up to the judge hearing the case.
hi atty,
nag file po ako ng case against my husband ng ra 9262, dis coming dec3 po ang first hearing namin sa fiscal.gusto ko po talaga ituloy ang kaso dahil sa mga ginawa niya sa akin na pang aabuso physical at higit sa lahat emotional. natatakot po ako baka po matalo ako sa kaso pagtatawanan na naman po nila ako ng pamilya ko.binabaliktad po kasi nila ang sitwasyon.meron po kami anak na 2 years old at 8 mos palang po. simula po nung pinalayas niya kami sa bahay nila hindi napo siya nagsustento sa mga bata, kaya ako nababaliw na kakautang ng pang gatas at mga pangangailangan nila.hindi ko daw po pwede hingan ng sustento ang anak nila sabi ng nanay niya kasi wala siyang trabaho.pano po kaya iyon.salamat po
1. File the petition for Protection Order. Get free legal help from the PAO or the IBP chapter office in your town or city. Do not simply believe your husband’s mother that he cannot afford to support you or your children.
2. You can avail of the benefits of our Solo Parents Welfare Act through the DSWD of your town or city.
3. In RA 9262 cases, the balance of the law is in favor of the woman. As long as your story is consistent and credible, you will win the case.
hi po atty, gusto ko lang po humingi ng tulong about my sister.
nakipag-live in po cya that was 10yrs ago. pero ngayon hiwalay na po cla, pero umuuwi minsan iyung lalaki dahil sa sustento ng bata. nung una po, okay po iyung financial support. pero d nagtagal ay laging nadedelay, kasi may bagong babae iyung lalaki.
ngayon po, cya pa itong inaaway ng bagong babae. kasi may kontak pa cya sa ex niya, dahil nga po sa sustento, at iyung lalaki ang nagbabayad ng renta nila sa bahay. at sabi nung lalaki na, kukunin niya daw ang bata...kahit na po daw magsampa ng kaso ang ate ko ay useless daw dahil, hindi rin daw mapupunta ang bata sa ate ko dahil jobless ang ate ko.
gusto man magtrabaho ng ate ko ay ayaw naman ng lalaki dahil sinusustentuhan naman cla. at balak pong kunin nung lalaki ang anak nila. puede po itong sampahan ng kaso? i really need your help, atty.
Illegitimate ang bata. Under Article 176 of the Family Code, SOLE parental authority belongs to your sister. The man can only insist on visitation rights but custody belongs to your sister even if she is jobless. Your sister has the right under RA 9262 to ask for support for the child and for herself.
Joblessness is not a ground under the Family Code for depriving a mother of parental authority or custody over her illegitimate child.
Your sister can file an RA 9262 case against the man. The case may be a civil case for damages, a criminal case for psychological violence for threatening to take away the child (with penalty ranging from six years to twelve years), OR simply a petition for Protection Order for financial support. Ask help in filing an RA 9262 case with the Women and Children’s Desk office of the nearest PNP station or with the DSWD in your town or city.
good day atty..
my husband had two kids (child A & child B) from previous live-in relationship. when they separated, he got the child A while the child B was with the woman.
when we married, child A was left to the lola (mother of my husband). we live now with my parents and have a child of our own. still, we continue supporting child A, education & medical expenses. we give certain amount but not fixed.
now, the mother is asking for support for child B..
my question is, how much is the amount of support to give considering that my husband have three kids to support and me as a wife.. is he oblige to support me even if i have a job bec i am only receiving a minimun wage, it isn't enough..
thanks..
As I discussed in this post, the amount of support is based on the necessities of the person asking for support AND the financial capability of the person from whom support is being asked. If the parties cannot agree, they can go to the Family Court and ask it to fix the amount of support.
good day atty,
how can i ask support for my son when his father denies my son?
hi atty.
gud day! my husband was in abudabi now and he is currently working there, we separated May 2006 and dont give any financial support except last november 2008 for only 2,000php then after that no more, i want to file a petition for support but i read here that it will not prosper dahil walang jurisdiction sa kanya dahil nasa ibang bansa cya, recently, nabalitaan ko na nakabuntis sya ng isang pinay dun at umuwi na dito sa pinas yung girl i have proofs kasi naopoen ko yung email account nya at nabasa ko yung email nung girl as well as his reply to msg and i read it there and confirm na magkakaanak nga sya dun. May question po is pwede ko ba sya ipadeport because of concubinage tapos bigyan ko sya ng condition na settlement at annulment at moral damages at support for our kids. thank you po
hi atty
good day...meron akong friend kasal po sila...kaso nahuli nya ung lalake na may kasamang iba...ngyn gus2 ng friend ko makipaghiwalay..kaso mahal po mag pa annul.....meron po ba ibang way para hiwalay na po sila????thx!!!GOD BLESS ^^
There is difficulty in filing any kind of criminal case against your husband precisely because of the problem of jurisdiction. Even if the fiscal’s office files a case against him, the court will not acquire jurisdiction over him since he cannot be arrested (or on his own, post bail). The court will then just archive the case (set it aside for awhile) and wait until an arrest has been made or bail has been posted.
Maybe when a case has been filed in court, you can request the DFA to cancel his passport so that he will be forced to come back here. Once he is here, you can apply for a Protection Order for financial support under RA 9262. To prevent him from leaving the country while the case is going on, you can also ask the court to issue a Hold Departure Order.
You should file a petition against the man for compulsory recognition of your child. The Family Code provides for certain ways an illegitimate child to establish illegitimate filiation (Article 177 in relation with Article 172).If these ways are not possible or non-existent, in your petition, you can ask the court to compel the man to undergo DNA testing.
magandang umaga po. ako po ay may anak sa isang single mom. hindi po kami kasal. yung unang anak niya eh lalake (3 yrs old) at ang anak namin eh babae (10 months old). ang problema ko po eh regarding sa sustento at sa custody ng bata. ako po ang nagbabayad ng rent, yaya, bahay at lahat ng pangangailangan ng bata. kaso may mga pagkakataon na humihingi pa ng kung anu anu na hindi naman sa tingin ko kailangan.
ang sabi niya kakasuhan nya daw ako para daw magsustento ako kaso ginagawa ko naman po. pano po yun?
at isa pa regardin dun sa custody ng bata. feeling ko po na mas mabibigyan ko po ng magandang kinabukasan yung bata (babae) kesa nasa custody niya.
paliwanagan niyo po sana ako. salamat po!
glitch,
Please browse the FAQ section of my Family Matters website (look for the link in the sidebar, top of the page) and my discussion of legal separation, annulment of voidable marriage and declaration of nullity of void marriage.
Please take note that the Supreme Court has ruled that marital infidelity by itself does not constitute “psychological incapacity” which is a ground for declaring a marriage void. Even sexual promiscuity is not equivalent to psychological incapacity (please read my latest post).
Please also read my Salt and Light blog posts on how to survive marital infidelity (look for the link to Salt and Light in the sidebar).
1. The amount of support is balanced by the court between the needs of the person asking for support and the financial capability of the person from whom support is being asked.
2. Since the child is illegitimate, SOLE parental authority belongs to the mother. You can only ask for visitation rights (please read my post about visitation rights; look for the link in the sidebar).
3. A mother can only be deprived of custody for compelling reason like immorality, drunkenness, etc. Please read my posts on custody battles over children.
atty, follow up question lang po.
meron po bang computation regarding sa support na ibibigay ng ama sa kanyang anak? kasama po ba sa sustento ang nanay? ang pagkakaalam ko po eh yung bata lang ang dapat kong sustentuhan.
pakipaliwanagan po sana ako. salamat ng marammi
1. As I discussed in this post, the amount of support is balanced by the court between the necessities of the person asking for support AND the financial capability of the person from whom the support is being asked.
2. A legal wife can also ask for support from her husband, not only for her children.
In the case of a former live-in partner, the amount of support for the common child will take into account the financial needs of the mother in taking care of the child.
It is possible under RA 9262 for a woman who is not married to the father of her child to ask for support other than support for the child. For example, the woman can claim that because of the man's actions, she has been deprived of certain opportunities, for study for example. This will depend on how the woman through her lawyer will craft the petition.
But the most common cause of action that the unmarried woman has under RA 9262 is to file for either a criminal action against the man (with a demand for damages), or a civil case for damages.
follow up question po
It is possible under RA 9262 for a woman who is not married to the father of her child to ask for support other than support for the child. For example, the woman can claim that because of the man's actions, she has been deprived of certain opportunities, for study for example. This will depend on how the woman through her lawyer will craft the petition.
sir ibig niyo pong sabihin, kung ang nanay eh hindi nakatapos at gusto niyang mag-aral muli, pede niyang kunin ang sustento nang pag-aaral sa ama ng kanyang anak (not legally married)?
paano kung yung ama ang nagpo provide ng lahat ng pangangailangan ng bata at yung nanay eh humihingi pa ng hindi na nararapat sa pangagailangan ng bata? halimbawa po ang magarbong handaan at mga salo salo. ang pagkakaalam ko po eh hindi na ito pangangailangan kundi luho na.
paki paliwanagan niyo po sana ako. salamat ng marami!
Good Day Attty,
My husband works in Dubai. He has sent me an email stating he will no longer send money to support me and our 3 sons ages 4, 3 and 2. I know I can use this to file a case under RA 9262 but I really have no idea how to go about doing it and who to approach. I know he will be here in the Philippines by July and I am aware this is the only widow I have to act. Please give me sone information or contacts. I really need help regarding this matter.
regards,
pearl
Please take note that under RA 9262, a woman has three options against the man:
(1) She can file a criminal case, with a request for issuance of a Protection Order;
(2) She can file a civil case for damages, with a request for issuance of a Protection Order;
(3) She can file an independent petition for Protection Order.
In a petition for Protection Order for financial support, she can itemize the needs of the child for which support is necessary. This can include for example the payment for a yaya if the woman is studying or working, and does not have the time or opportunity to take care of the child herself.
What if the woman was studying or about to graduate when she got pregnant, or lost her job because of such pregnancy? This can possibly be the subject of a civil case for damages under RA 9262. Damages include actual (lost earnings, for example), moral (besmirched reputation, sleepless nights, etc) and exemplary (meaning so that other people will not follow the man’s example).
The amount of support is balanced by the court between the necessities of the person for whom support is being asked and the financial capability of the person from support is being asked.
Pearl,
1. Once your husband comes back here in July, you should file a petition for Protection Order for financial support. To prevent him from leaving the country while the petition is being heard, you should also ask the court to issue a Hold Departure Order.
2. You can ask for free legal help from the PAO (Public Attorneys Office) or from the IBP (Integrated Bar of the Philippines) chapter in your town or city. The IBP chapter offices are usually located in the Hall of Justice of cities.
You can also try to get free legal help from the OLA (office of Legal Aid) of the UP College of Law in Diliman, Quezon City.
The DOJ Action Center acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your locality.
good day! my husband has a son before we get married. The child is now 11 yrs old. 5 yrs ago, we migrated here in the US where I work as a nurse and because of our hectic schedule, my husband ended up staying at home and taking care of our 3 children. Recently, the mother of my husbands illegitimate son sent a demand letter for support and the problem is, at this time there is no way he can work because of our situation. Can she file a petition for Protection Order even if my husband is not earning at this time. Thank you so much
Even if the woman is able to get a Protection Order for financial support from Philippine courts, her problem would be how to enforce such an order over there in the US. Your husband is outside the jurisdiction of Philippine courts.
A pleasant day to you, Attorney!
What if the man has 3 families? Paano po ang partition nun if his earnings ranges only to 9K-10K a month? He got 1 child to his ex-wife, 1 child to his current live-in partner and having 2 babies with me. He abandoned me after knowing that I'm pregnant again with him. Sabi ng police na napagkwentuhan ko ng problema ko wala daw akong laban kung magpa-file ako ng case laban sa boyfriend ko? makipag-areglo na lang daw ako, kasi baka wala daw lalo akong makuha. I was aware of my situation.. na kabit ako aside sa may ka-live-in siya at asawa. Hadlang po ba ito para matalo ako sa kaso? Sabi nya pumayag na daw ako sa ibibigay nyang 2K/month kasi baka daw mas mababa pa dun ang mareceived ko kung idadaan pa daw sa korte. Dapat po ba akong pumayag or i-go ko po yung pag-file ng case laban sa kanya. Kasi yung sustento laging sa umpisa lang yung lagi rin naman nahihinto.
Jean,
The right to ask for support under RA 9262 applies even to mistresses.
“Kasi yung sustento laging sa umpisa lang yung lagi rin naman nahihinto.”Since this is the kind of man that he is, you should pursue the case against him.
gud pm Atty.
i just want you to seek your legal advice regarding my situation, i was separated from my husband for almost four (4) years,we have 3 kids but i don't get any single peso from him to support the daily needs & studies of our children. i also want our marriage to be annuled. as of now, he's living with his new wife and thier two kids.
As I discussed in this post, you should file a petition for Protection Order for support.
For free legal assistance, please contact the DOJ Action Center. The DOJAC acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your town or city.
As to having your marriage declared null and void, you should retain the services of a lawyer. Please read my posts on marriage, void and voidable marriage, the comments and my replies to the comments (look for the links in the sidebar).
this is quite mind-boggling:
The education of the person entitled to be supported includes his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.
Which means that even if wants to do a doctorate or continue to fail school, the father is still liable to support the child's schooling?
NOMAAM,
You cited Article 192 of the Family Code which begins the whole section on support up to Article 208.
In interpreting laws, lawyers and judges follow the principles of Statutory Construction. One principle is to go into the background of the law, that is, what did the people who crafted the law mean when they were doing so? For example, in interpreting laws, we usually look at the journals of Congress or the Senate to find out what the congressmen or senators said during the deliberations on the law.
Before the Family Code, the prevailing law on persons and family relations was the New Civil Code of the Philippines (NCC). The Family Code was crafted by a commission composed of legal experts like justices, deans of law schools and practicing lawyers. The Family Code Commission worked for more than 180 meetings (each meeting lasting more than three to five hours) in seven years. The FC became effective in August 1988.
[1] Article 234 FC kept the NCC provision on 21 being the age of majority. We do know that based on the Philippine education system, college years are from 16 or 17 up to usually 21. However, Republic Act No. 6809 (which became effective in December 1989) lowered the age of majority to 18. As you can see, if not for Article 192 FC (which provides for the right of support for education beyond the age of majority), thousands of college students would have been stranded financially when RA 6809 became effective.
(Please read the continuation below)
[2] When the matter of support was being discussed by the Family Code Commission, the deliberations revolved on the issue of COLLATION under Articles 1061 to 1077 of the NCC.
Article 1061 NCC defines what collation is:
“Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the estate any property or right which he may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition.”
Collation means that in computing how much an heir is supposed to inherit, the property (for example lands, money, etc) that the heir received from the decedent (the person who died and whose estate is being divided) must be taken into consideration. Simply stated, these properties must be deducted from the total of what the heir is supposed to inherit.
FC Commission member Prof. Araceli Baviera said that the definition of support may have some relevance in case of collation in the determination of whether the amount spent is collationable or not. Prof. Baviera referred to Article 1068 NCC which states:
“Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought to collation unless the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he had lived in the house and company of his parents shall be deducted therefrom.”
On the other hand, Justice Alicia Sempio-Diy and Dean Fortunato Gupit Jr. said that the general rule is that expenses for support are not collationable. Justice JBL Reyes (probably the most-respected authority in Civil Law in the Philippines) said that the only reason where the parents can impose the collation of expenses for education is in the case of expenses which are not really necessary and caused by his fault or negligence.
As to your question therefore of a child wanting to ask support from his parents for doctoral studies or who continues to fail:
[1] The parents can, based on the opinion of JBL Reyes impose the condition of collation since a doctoral degree is not really necessary; a bachelor’s degree enables a person to find a job and support himself.
[2] Since the FC Commission had a divided stand on this issue, the parents can seek judicial relief, that is, they can ask the court to rule on the issue on whether under the circumstances you provided, they are still bound to support the child. This can be done through what is called a petition for declaratory relief
gud evning po..pwede na pu ba mag pakasal mommy ko kasi hiwalay na po sila ng papa ko at hindi nmn po nagsusustento papa ko sa amin ng kapatid ko eh...if ever po ba pwede na kaya silang magpakasal???
o kaylangan pa po ba na hintayin ang 10 yrs bago makapagpakasal uli ang mama ko???
matatawag na po ba na automatic na annuled na ung kasal nila?????tutal may anak na rin sa iba papa ko??
gud evening, i juz wanna ask if my mom can file an annulment for my dad since we dont get any support from our legal dad but they both have new family now and kids as well..but my mom also separated from our step dad but then my step dad brung our 2 yrs old brother,,,,i wanna know if my mom can still win back my brother's custody ???...but then how about the financial support?????...how much will be the monthly support needed???
Please read my post “If husband and wife have not seen each other for more than seven years, does it mean that their marriage is already void?” (look for the link in the sidebar. The separation of the spouses, the lack of communication, ort he lack of support, does NOT invalidate the marriage.There is no such thing as automatic annulment.
Your two year old brother is illegitimate and so under Article 176, sole parental authority belongs to your mother. Your mother can regain custody of your brother by filing a petition for Protection Order under RA 9262.
I outlined in this post the steps on how to get financial support through a Protection Order. The amount of support as I discussed is balanced by the court between the needs of the person asking for support and the financial capability of the person from whom support is being asked.
Thanks Atty! If the girl is currently pregnant can he ask for support even if she hasn't proven that the guy is the baby's father?
NOMAAM,
After the girl has given birth, she can file a petition for compulsory recognition of the child. A DNA test will be necessary. Please read my post “DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence” (look for the link in the sidebar). The girl can at the same time file a civil case for damages against the man.
Please take note however that under RA 9262, even if the sexual relation between a man and a woman did not result into a pregnancy, the woman can file an RA 9262 case for “psychological violence” against the man. The penalty is six years imprisonment minimum.
hi atty!
im into a complicated situation im married and i have a BF who also married but before i knew it he is married its too late na because im pregnant na at that time. can i ask a support for my BF?
Diane,
Please clarify: You are married but at the same time you have a boyfriend who got you pregnant?
Under RA 9262, you can ask for support from your boyfriend. Take note however that your husband can use your pregnancy as evidence against you in a case for adultery.
my husband is OFW, when he is abroad nagkaroon po ako ng BF dito and accidentally n buntis po ako, now my BF decided to abort the baby due to our complicated situation. my question is can i ask support to my BF? and aside a RA 9262 my pwede p po b akong ikaso sa BF ko.
atty I send an email ith regards to my sister prob. thanks!
gud eve po atty,
ask ko lang po my right po ba ang father ng anak ko mag refuse sa pag bigay na sustento?
may anak kasi kami 3 yrs. old na po,we are not legally married.we are not living together ever since kasi po 2 months palang po ang tummy ko umalis siya pumunta ng manila para mg work.
nung una ng bigay siya para sa baby pero na tigil rin po.
ano po ba ang mabuting kong gawin?
sana po matulungan nyo po ako.thank you!
As I discussed in this post and my replies to the comments, yes, you can ask for support even if you are not married to the guy.
You and your boyfriend can be both charged with violating the Revised Penal Code provisions on abortion. The abortion could not have been done without your consent and/or participation.
atty again regarding to my BF, when my BF start abandoned our child i start txting her wife and daughter and we become friends nung nakuha ko yung loob i tell them the truth that i am his husband other women and were having a child. my question is pwede po bang ikaso rin skin ng BF ko yung RA 9262? my pwede po b syang ikaso skin?
RA 9262 is a law meant for the protection of women. It cannot be used by your boyfriend against you.
It is difficult to speculate as to what your boyfriend can file against you under the circumstances but if and when he does file a case, you have the right to answer such a charge. You also have the right to file an RA 9262 case against him.
atty,
how soon should I file for child support,
after the 1st year of marriage we got separated and we've gone through child custody case (grounds like, financial incapability, psychological incapability) which he filed, we attended several hearins but one day we talked and we started working things out again so we wrote an agreement and the case was stopped. But unfortunately it didn't turn out well, we separated again and he was threatening me about the child custody again. During those time that we were having child custody case he was only sending milk and diapers as a support and it's not consistent, and now I think he is refusing to give that and since our kid is starting to go to school the financial needs are getting bigger I have sent him emails but he is not answering, we got separated again last June, do you think I can file for a Child support already or does it have to wait for some time?
Is the milk and diaper enough basis as a support from a father who has stable job in a big company in the philippines?
Will i be given a free legal assistance by PAO if I go to their office? I am workin but not earning much, I dont have money to pay a lawyer, and it will be a burden to me since Im the only one paying for all our bills and house rent and the yaya's salary.
Thanks a lot and your help will be much appreciated.
Sam
atty this regards again with my BF if i file a case under RA 9262, the defense of BF is denying with our child, but i have the txt messages that my BF know that he is the father of my child. my question po is kailangan p po bang p DNA yung bata? Ako po b yung magpapa DNA just because my BF deny our child?
Sam,
I already answered your e-mail.
atty regarding po s DNA anu po yung sagot nyo. thanks
Article 175 in relation to Article 172 of the Family Code provides for the means to prove the filiation of the child. Some of these means are:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
(3) The open and continuous possession of the status of a legitimate child.
The DNA test to be conducted on your child AND the father (not you) will be the best means to establish whether he is the father or not. Please read my post “DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence” (look for the link in the sidebar).
Text messages can be easily questioned in court. Your boyfriend can say for example that the text messages are manufactured (if you have the SIM) or that the number is not his.
Atty, I've read most of the articles here and I'm convinced to file a case against my husband. We're in abroad(asia) both working right now and I've learned na may babae sya and rumor is the girl is pregnant. He actually has not yet returned home and has left me and our 3 very young kids with me.
My question is what are the most useful and incriminating evidences or proof to support my case. For example, are text messages between the 2 of us sufficient? Will a medical certificate also help?
Thanks for your reply in advance and God bless!
You can find the answers to your questions in my post “Adultery, concubinage and psychological violence” (look for the link in the sidebar). Please also read the comments and my replies to the comments.
Hello Atty,
i really need your expertise on this issue,i have an affair with a married man, we have raised with a 3 yr old daughter now(our child),i know that he's married, but when we met he already separated with his wife, now my questions are: how can i defend myself if i will be charged with allienation of affection.if this is the right term for me" 2.) is my daughter can be kept away if there is a charge for me, , if there is-- 3.) lastly, how can i deny or how can i defend for any alleged and if i will be humilate in public by his wife, can i also file charge to her?please advice, i will really need your help, ill appreciate it. thank you atty. and God bless
You cannot be deprived of custody of your child even if you are charged criminally or civilly.
I f you are humiliated in public, you can file the necessary and appropriate charges against the wife, for example, unjust vexation, slander, threats, etc.
If and when this happens or when you get charged for concubinage, you should retain the services of a lawyer who will sit down with you and map out whatever remedies or defenses are available to you.
Gud pm Atty. Gerry T. Galacio, I have read the discussions on your blogspot. I hope you can also help me with regards to RA 9262.
We were abandoned by my husband. We have two children and he has not supported us with anything since he left. He has always promised to give support to our children but everytime our children go to meet him to get his promised support, my children would always come home with nothing with them from their father.
We have already filed a case and the RTC has also issued a Resolution and Information accusing my husband of the crime of "Violation of section 5 paragraph (e) sub-paragraph (2) of RA 9262." (Committed sometime on March 2008 up to the present)
We have no lawyer yet. I am so much affected and confused. I would just like to ask,
1. When the decision comes, generally, what would be the sanctions to my husband?
2. What are the specific support that my children will be receiving from their father? (given that he has not given any kind of support or even ask the condition of them from March 2008 up to the present)
3. Our two children are still studying in college and I am the one solely paying their tuition and everything they need. I have a job but I am not earning enough to support all of us. I am now under a lot of financial obligations from my friends due to our daily needs. Our lines of water and electricity have been disconnected for several times.
What are the kinds of support that I will also be receiving under this case given that the complainants are only my two children?
Thank you very much and God Bless!
4. He is working in the government, Grade 15, and receiving P 20,000. But he has been taking home a net income of P 10,000 because what he does is loan and loan and loan.
What usually is the court's decision regarding this? If I become jobless for valid reasons, should his support be increased?
Thank you again Atty.
Unsupported,
Since you are the complainant (or to be more exact, the “private complainant” with the State being the “public complainant”), you do not need a lawyer to handle your case. The fiscal (public prosecutor) assigned to the court handling your case will be your lawyer. The fiscal is a government employee and so you do not need to pay him/her. Always, two to three days before any scheduled hearing, you should go to his/her office to coordinate with the fiscal and talk about your case.
As I discussed in this post, essentially, through a Protection Order, the court will order your husband and his employer to set aside a certain percentage of his salary to be remitted directly to you and your children on a monthly basis. If your husband and/or his employer fail to do so, they can be charged with contempt of court.
The Family Code provides that amount of support is balanced between the necessities of the person asking for support and the financial capability of the person from whom support is being asked. Support shall 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 furnish the same.
Thank you very much Atty. Galacio..
1. How about the bonuses that he receives from the government, do i have a right to have my share ( i mean for me and our children)?
2. Also, how about the properties that we bought when he was still here with us, like the motorcycle, he sold it, do i have a right to have my share for that?
This coming Wednesday, Atty, we will have our arraignment.
Thank you very much again and more power on your good work.
Unsupported,
Like I said, the court will balance the amount of support between your needs (food, schooling, clothes, etc) and the man’s financial capability (considering everything, his salary, allowances, bonuses, etc).
In simpler terms, the court will ask you to present what your total needs are. Then the court will ask how much the man earns. The court will then determine the proper amount of support. You cannot simply demand that the man give a certain percentage of his salary, his allowances and bonuses, etc to you.
If you file for legal separation, declaration of nullity or judicial separation of property, the court will divide between you whatever community property or conjugal partnership property you might have. You can ask for your share in the proceeds from the sale of that motorcycle.
Gud eve Atty. Galacio,
I would like to refer you somthing about my uncle... when my aunt went to work in another country he had a woman with whom he had a child... when my aunt came home, my uncle stopped his communication with the woman but the woman filed a case and the court resolved it by letting my uncle support his child with a certain amount.... now she is threatening my uncle that she will file for additional support because there is, according to her, a new law that states that no matter what his net take home pay is, it is the gross income which is the basis of the support... how true is the claim of the woman?...thank you.
hi atty,
i filed a case against my husband, we've been separated for almost 9 yrs this oct. his mother filed a counter affidavit saying that my husband is there breadwinner. is that acceptable in court?
thanks
What case exactly did you file? You mentioned “counter-affidavit” which suggest that your case (or complaint) is with the fiscal’s office and not with the court. The fiscal may or may not give any weight to the said affidavit filed by the mother. That affidavit was probably filed as proof of your husband’s lack of capacity to support you. Anyway, you should consult the lawyer handling your case.
In other countries, they follow certain mathematical formulas in calculating the percentage of support. Here in the Philippines, what the Family Code provides are:
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Art. 202. Support in the cases referred to in the preceding article shall 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 furnish the same.
Since the amount of support has already been set by the court, your uncle is “safe” in complying with the court’s decision. The woman can file her petition for additional support if she wants to and your uncle can then file his answer to that petition. If the court grants the petition for additional support, then your uncle has to comply. If the court denies the petition, then your uncle is under no obligation to provide the additional support asked for.
Thank you very much Atty Galacio,
1. We just had the arraignment last Sept 23, however, I felt a little bit of discouragement with the fiscal when he said that he thinks it will be hard for us because my eldest son is already 19 years of age and my 2nd is turning 18 on November..
Atty, I've read this "Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work."
I don't want to question the profession of lawyers but I'm just confused about what he meant when he said that. Is it that he is just minimizing on workload that's why he's discouraging us or he is just testing our determination on the case? (where in fact we are really determined)..
Please help me on this Atty.
2.
Atty, I also have another concern. Actually, I believe that my husband left us for his woman. She filed a case on grave oral defamation against me, but it was dismissed by the RTC. What should I do about it? Do I still have to file a case against her, who I believe the one responsible for the abandonment of my husband of us.
Unsupported,
1. Please read the comments of NOMAAM and my replies (from June 25, 2009 and later) on the issue of support beyond the age of majority.
2. If you are not satisfied with the fiscal' services, you can try to get free legal assistance from
- Integrated Bar of the Philippines (IBP) chapter offices in your town or city; the IBP chapter offices are usually located in the Hall of Justice of cities
- OLA (Office of Legal Aid) of the UP College of Law in Diliman, Quezon City; the San Beda College of Law in Mendiola, Manila also has a free legal clinic.
HELLO PO!!!! I AN UDOC OFW... HAD A SON AND DAUGTHER OF DIFFRENT FATHER...MARRIED TO THE FIRST IN 2000, SINCE I LIVE OUT OF THE COUNTRY, NO WHAT SO EVER SUPPORT IS GIVEN TO MY KIDS... WHAT SHALL I DO? WHAT ARE THE STEPS IN FILING ANNULMENT? CAN I DO THAT IF AM NOT IN PH? 2KIDS ARE WITH MY NANNIES KANINONG CUSTODY DAPAT SA MOTHER NA PINA AALAGA LANG SA MGA KATULONG OR SA MGA FATHER? YUN FIRST BORN KO IS MARRIED AKO SA DAD NYA...WORKING IN MANILA.... YUN YOUNGEST ANG DAD NYA IS IN MILITARY SERVICE RANK MAJOR S3.... PWEDE NYA BA KUNIN ANG CUSTODY NG BATA KASI WALA AKO SA PH PERO MERON SYA FAMILY RIN AT MARRIED SYA DUN....NO ANY SUPPORT DIN FROM HIM... WHAT SHALL I DO... PLEASE PLEASE PO HELP PO NG MARAMI!!!
PLUSSS PO.... WHEN I WAS IN PH ABOUT 5 YRS AGO I WENT TO PAO OFFICE IN ANGELES CITY PAMPANGA ASKING ADVISE AN ATTY TOLD ME THAT I DONT LOOK LIKE NEEDY OF THESE FINANCIAL SUPPORT AND THAT YUN MGA BINABAYARAN ATTY PO DAW DAPAT LAPITAN KO, ANO PO BA DAPAT KO MAGING HITSURA PAG PUNTA KO SA PAO OFFICE? ANG HELP BA EXTENDED SA MGA PAO OFFICES MERON BA QUALIFICATIONS? IF SO PO WHAT ARE THESE? KASI SOME PIPOL WLD BE NICE LOOKING LANG PERO FINANCIALLY BROKE AND DOWN DIN PO... MARAMING THAK YOU PO ANJAN KAYO TO ANSWER US.... GOD BLESS US PO MORE POWER!!! MABUHAY PO KAYO ATTY!!
MCKAY1969
MCKAY1969,
1. In terms of support, please read my post “Support for abandoned woman and family” (look for the link in the sidebar).
2. As to annulment, please read the Frequently Asked Questions section of www.familymatters.org.ph
3. With regards your first born child, he/she is legitimate. The Family Code provides:
Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children.
Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.
Since you are not in the Philippines, parental authority and custody are being exercised by the father.
4. With regards your illegitimate child, he /she is under your sole parental authority and custody. The biological father only has visitation rights. Please read my post on visitation rights (look for the link in the sidebar).
5. The PAO extends free legal help to the following:
(a) Those residing in Metro Manila whose family income does not exceed P14,000.00 a month;
(b) Those residing in other cities whose family income does not exceed P13,000.00 a month;
(c) Those residing in all other places whose family income does not exceed P12,000.00 a month.
The term “family income” refers to the gross income of the prospective client and that of his or her spouse, if any; but shall not include the income of the other members of the family.
Maybe, when you went to the PAO office, you were all dressed up with a lot of jewelry.
Dear Atty. Galacio,
Ako po ay may 1 anak na babae sa naging live-in partner ko na may panganay na babae din sa dati niya boyfren. 9years old na po anak namin ngayon at naghiwalay po kami almost 2yrs na kase may gf na po ako at siya po ay ikinasal na this month sa bf niya. ako naman po ay nagbibigay ng suporta last May 2009 lang po natigil kasi nagkafinancial problem ako at nagkasakit ako.Pero wala naman po ako balak hintuan ang pagbibigay ng suporta sa anak ko. Gusto kolang po makapagrecover muna sa mga naging utang ko. Kaya lang po yung anak ko ayaw ng pumunta sa amin magbuhat noong nagasawa ng mommy niya sa isang american citizen. Ano po dapat kong gawin? Maraming salamat po at sana matugunan ninyo ang aking mga dapat malaman.
Your daughter is illegitimate and so under Article 176 of the Family Code, sole parental authority (which includes custody) belongs to the mother. Even if your daughter is using your surname in the birth certificate, she is still illegitimate. All that you have is visitation right. Please read my post on visitation right (look for the link in the sidebar). If you and the mother cannot agree on the terms and conditions of the visitation, you will have to file a petition in court asking it to set such terms and conditions.
The issue of visitation and support are separate. Even if you are unable to support your child because of present financial situation, you can still exercise your visitation right.
However, you will have to explain to your daughter your current financial situation and that despite her mother’s marriage, that you still want to continue your father-daughter relationship with her.
hi atty!
i have been married to my husband for 5 years now. we already have two children and we're very happy.
however, he recently got a chance to speak with an old pal and his friend told him that he (my husband) COULD BE the father of his ex-girlfriend's son (around 8-10 yrs old). but the ex-gf never confronted him (my husband) since the split-up because even she was not sure of who the father of her child was (she had a lot of boyfriends then).
i can't help but to think of the worst so i hope you can answer some of my questions:
1. what if the ex-girlfriend learns that my husband is earning a lot and now demands for financial support (let's say that the DNA testing came out positive and he is the father of the child), will they be granted of her claims? can she file for abandonment or something like it?
2. if my husband dies tomorrow for example (knock on wood), can she still request for DNA testing so she can claim her son's inheritance? Will the court grant her son anything should the result come out positive? If yes, will her son inherit the same amount as my children?
thank you.
Mama,
[1] If it is proven that your husband is the father, then he can be compelled under a Protection Order under RA 9262 to provide support for the child.
As to inheritance, under Article 176 of the Family Code, an illegitimate child gets one half of whatever a legitimate child gets. Please read my post “Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half” (look for the link in the sidebar).
[2] if my husband dies tomorrow for example (knock on wood), can she still request for DNA testing so she can claim her son's inheritance?
Please read my post “DNA testing to prove legitimacy or illegitimacy of children; Supreme Court’s New Rule on DNA Evidence” (look for the link in the sidebar). In this case, Ong (the alleged father) died while the case was pending with the Court of Appeals. Despite his death, the CA ordered the conduct of DNA tests. The Supreme Court ruled that even death cannot prevent the conduct of DNA tests as long as there are available samples for testing.
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