Legal Support for the Child and R.A. 9262

Through all the family cases that we’ve handled, we’ve come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it’s easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

Well, it shouldn’t be as complicated, but reality makes it so.

Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

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.

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.

If you’re a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004.”

Not everyone also knows that R.A. 9262 provides for criminal sanctions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.

105 comments

  1. Hi atty, im a single mom i dont married. But i have a 1 child w my ex bf. Shes turning 5 years old. The child is with me. We live at separate house. Hes not consistency giving child support. He always told that he has no money. I always make kulit him to give monthly support. But he always telling me mahina daw ang business. What can i do? Please help me. Thanks!

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  3. Hi, Atty.

    Magandang araw po. 20years old palang ako nakilala ko ang koreano minahal ko sya at after 1year nalaman ko my asaw na pla sya pinay at my mga anak. Hiniwalayan ko sya pero habol sya ng habol skin at Ngpatuloy po aming relastion at ngkaroon kami ng dalawang anak ngayon 5 at 1 year po.
    Gusto ko na po matapos yung relastion nmin kc lalo akong nasasaktan at ang mga anak at dahil alam na rin ng asawa nya. Ano po ba ang pananagutan ko sa batas?
    At naawa po ako sa mga anak namin ang liliit pa at hindi ko kaya tustusan mga pangangailangan nila. . My Karapatan po ba ang mga anak ko na supporta ng kanilang ama? Atty. Pls. Po give me advice po kung ano dapat kung gawin. Thank u po. Atty.

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  4. Hello Attorney! I am legaly married with 1 daughter, but we are now separated for more than 10 years and I’m living with my new partner and we have 3 kids. My legal husband filed an anullment of our marriage.I already received a copy of the petition which was personally delivered by a sheriff. The petition states ” 1. declaring our marriage null and void, and 2. granting custody of the child to my husband, and 3. demanding you to give child support not less than P10k monthly.
    I can accept what is stated in the petition, preferably item no. 1. And 2., but am afraid in item 3, I am just a housewife with a small sari- sari store that my partner provided me to help earn for a living.
    Please help me attorney as I am now confused and i dont know what to do with the petition.
    Thank you and hoping for your legal advise.

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  5. Hi attorney, I have this case that’s my fiancee was being sud by his ex gf whom they have a 5 yr old son, the girl filed the case financial support RA 9262, yet she’s just making up stories the truth is my fiancee didn’t miss any month to support his child yet she states that he misses 2-3 months and when the subpoena came, we asked PAO but his ex atty works also in PAO, he was told to settle with her and pass counter affidavit yet they didn’t ever try to read the counter affivadit, I know it’s not a big deal when both of them would settle the case in fiscal but the fact that its not justly what happen that his ex sued him for no reason & its a terror on his part that he receive a subpoena was a threat that he would be in prison when in fact his doing his job. I hope you can help clear our thoughts. Thanks

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  6. HI ATTY. IM AIRISH MAY KARAPATAN PO BA AKO HUMINGI NG SUSTENTO KAHIT HINDI KMI KASAL NG DATI KONG KINAKASAMA? PERO KAAPELYIDO NYA PO ANG ANAK KO. ? AND MAGKANO PO BA ANG MINIMUM NA MAKUKUHA KO PO IF EVER NA PEDE? THANK YOU,SANA PO MASAGOT NYO PO MGA KATANUNGAN KO.

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  7. Dear attorney,
    Ask ko lng po kung paano ako hihingi ng sustento ng anak ko sa tatay nia n nasa australia resident n po xa dun at may asawa n din.6 yrs n po xang hindi nagbibigay ng sustento hindi.po kmi kasal pero nakapirma po xa sa birthcertificate ng anak ko.anu po ang first step n gagawin.ko 8 yrs old n po.ung anak.ko ngayon

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  8. gud day ask ko lang po.s visitation rights po ba pwedeng ma grant o mag file ang lola o tyahin ng bata.kc nsa abroad ang ama nya at gsto nla n hrmin ang bta s akin.at ano po ba ang pwede kong gawin s kanila dahil biglaan po silang sumusulpot dito sa amin ng wlang permiso ko.naaabala po ang personal kong buhay.sana po masagot nyo ang tanong ko.

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  9. tanong ko n rin po.hwly n kmi ng papa nya.ndvako humihihgi ng sustento dhil ayaw din nmn nila magbigay unless nasa kanila ang bata.may usapan kami s facebook tungkol s bgay n yun.nd ko binubura.maari po bang gamitin yhn para ma deprived ang karapatan ng ama sa anak nya.

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  10. gud am po atty.nagtatrabaho po aq sa bansang saudi buwan buwan po aq nagpapadala sa aking asawa.hiwalay na po kmi 7 to 8k po ang pinapadala ko.minsan po pag gipit at walang overtime 5k lang po pinapadala ko pero buwan buwan po un.nagsampa po sya ng kaso at sinabingkulang po dw ang pinapadala ko rigger lang po aq sa saudi at 20k lang po ang sinasahod ko kasama na po jan pagkain ko..tanong ko po magkano po ba dapat ang pinapadala ko buwan buwan?kulang pa ba ang 5k to 8 na sutento para sa dlawang anak

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  11. good day.. atty. ask ko lang po if ung child na illegitimate na above 7 yrs old na pwede na po ba mag apela ng custody ang father nya. thank you

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  12. Matagal na po kaming hiwalay ng asawa ko. 3 years kong naiwan ang mga anak ko sa mga magulang ko at gumagastos sa pag aaral nila ay ang tatay nila. When I brought my 2 daughters with me here in Manila hindi na nagbibigay ng sustento ang tatay nila. He is no longer answering there calls and the one’s texting my eldest is their aunt telling that hindi na daw magbibigay ng sustento ang tatay nila kasi sumama sila sa akin na nanay ng mga anak ko. Ang asawa ko ay may kinakasama na and pinapakilala na nya sa mga anak namin. Pwd ko ba syang kasuhan ng 9262?

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