Posted on July 3, 2007 in Criminal Law, Family Law
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.
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good evening atty,
tanung ko lang po kung may laban po kami at ng asawa ko sa dati nyang mistress na nag file na kaso sa knya ngyn ng RA 9262??? wala po kasi kaming alam na atty na pwedeng pagtanungan ng problema namen. matagal napo silang wala ng asawa ko pero last week po sumugod sya sa opis nya at nagwala na lang basta at nagkaroon ng away between them kasi po buntis pala ung mistress nya ngyn, ndi nman po nya tinamaan ung mistress nya pero ang sumbong sa mga pulis tinamaan daw po sya at ung tyan nya. anu po ba gagawin nmen at kanino po lami lalapit? pra masolusyonan tong problema ng asawa ko. salamat po.
Dear Sir,
I just wanted to get an assistance and advice with regards to my plight. I am currently out of the country and working in Dubai, UAE as my husband is not capable to support me and our 2 daughters. I am married to an Egyptian who is now currently staying in the Philippines. Due to the recession, he lost his job and went back to his country as the police is running after him due to his debt with some banks. After almost 6 months in Egypt, he applied for a visa to go to the Philippines to be with my children. However, some of the documents he used to acquire a visa in the Philippine Consulate in Egypt are falsified. Like employment letter (whom he acquired in a company he is not really working with and only know a relative who works there) among others.
As he is now in the Philippines for two years now he is just renewing his visa, the problem is he is not staying with our children nor supporting them but is currently living with another woman. I am working away from my children and my so called husband is living his life with another woman who doesn’t even care to visit his children.
In this regard, I wanted to know how I can lodge a complain to the immigration regarding this matter. Are the above information’s subject for his deportation?
I would highly appreciate if you could advise me on this matter and the course of action I need to do. Thank you very much.
Good day Attorney!
I have an incoming child. I’m not married with my child’s father, but we are in good terms.
Currently, I’m living with my parents because I still have to finish my studies and get myself stable. Now, I’m battling with my parents over to whom shall my child be named after— my surname or his father’s. They want to name my child after me, after all we’re not married. (They don’t want the father for me, and they are claiming that the father has no right over me or his child because we are NOT MARRIED, that I should provide protection for myself and my child, so they are insisting to name my child after my surname.)
I know of R.A. 9255, but non of my parents, siblings, and relatives are aware of that.
My questions are:
1. How can I explain to them that I can name my child after his father?
2. What does “Even if the child is named after the father, given the father and mother are not married, the child is still illegitimate?”
3. Do I still need to get written permissions from the father as to getting my child out of the country? Does he has rights to impede my travels with my baby?
3.1. Do I and the father have equal rights over our illegitimate child given the child carries his father’s surname?
4. For the sake of argument:
Just in case, if in time, I wouldn’t be in good terms with the father? What protections do I have over my child (rights, custody) provided the father acknowledged or child in the Certificate of Live Birth, that the child is named after him?
5. If my illegitimate child carries my name, can I put the father’s name in the birth certificate?
6. Does the signature of the father affixed at the back of the child’s birth certificate means that the child shall mandatorily carry his father’s surname?
Hoping for your kind and quick response. I’m in dire need of answers, I can’t go out of the house and ask for any other legal guidance because we are hiding my pregnancy.
Thank you so much!