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.”
For more information on this matter, please refer to my previous article on Protection Orders also in this blog.
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.
Saturday, July 21, 2007
Support for abandoned woman and family
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44 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?
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