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.
Is it correct to say that pursuant to Sec. 5 (e)(2)of RA 9262
“Sec. 5xxx
The crime of violence against women and their children is committed through any of the following acts:
xxx
e. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
xxx
2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
xxx
if the deprivation of financial support was not for the purpose or effect of controlling or restricting the woman’s movement or conduct, the act should not be considered criminal in nature hence not falling under RA 9262 and a simple civil action for support should instead be filed?
Your thoughts please.
Angel, it may or may not be correct depending on which side you’re representing =) I’ve handled both sides and encountered both arguments. Of course, there’s only one correct interpretation, but until the Supreme Court decides squarely on the matter, the arguments will never stop.
I have an 8yr-old son and i want to take him outside of the country for a better future. he is currently with my mother and i am the one providing him all the financial support and his needs. my husband does not give us any child support at all. i want to have the full custody of my son but my husband will not sign the consent and give me the custody. does my situation fall under R.A. No. 9262 Section 5e? can i sue him for not giving me the custody and child support?
hi!
im not married with the father of my son but he signed on his birth certificate that makes my son under his name. already went to the PAO office to complain about the refusal for child support. he is an art director. twice that the attorney had send him a letter one was for the conference request for each parties and the last one was a demand letter but then he ignored both, never showed up nor attempt to get in touch, what should be my next step?
please help me
Jane,
In general, parental authority is shared between the parents, except when there’s a court order awarding sole custody to any of the parents. Custody is, of course, different from support, although both issues are interlinked. Whether or not the facts fall under RA 9262 is something that’s properly assessed by your retained lawyer, after asking you more probing questions on the matter. Good luck and God bless.
Kirsten,
Maybe he just didn’t receive it, giving him the benefit of doubt. The next step is something that you should discuss with your lawyer — there are a number of legal options available, and the best option to take depends on the facts of your case. In other words, your lawyer is in the best position to determine this. Good luck and God bless.
Thank you for this informative blog. Like kristen, I have the same case only that I have never thought of seeking legal assistance until now.
Greetings!
my problem is different. The permanent protection order and 70% allotment was so odered by the court on Jan 31, 2008. However, until this time the court order was not yet received by the respondent because he is on leave from his employment and his address cannot be located. hence, until now the PPO and support was not yet effective. Even if the counsel of the respondent already received a copy of the order. Does this mean, that we still cannot receive the allotment until the respondent receive personally the order? if my husband will acknowledge the PPO, does this mean i can deny also his visitation rights? In that 70% allotment, he is required by the court to make as SPA, does this mean that if he wil not make an SPA he will not be contempt?
Good day! i have a question. may wife and i have been separar\ted for four years now. She recently filed a case against me for not supporting our child. I give her support but i know that it is not enough since i am only a minimum wage earner. During the mediation, i signed an agreement that i have to give a monthly support of P3000 aside from the school and medical expenses. only to realize that i cannot give the exact amount after budgeting my expenses. I have to live too and provide something for my parents. Since i have already signed the document, can i still ask for a lower monthly support until such time that i can find a new job that will earn me more? If they won’t allow it and i didn’t adhere to the exact agreement, can they file a case against me? If they do, what could be my remedy? I promise my wife that i will give her monthly support but i cannot give her the exact P3000. Please help me. I really need your advice. Thank you and more power!
hi! i am planning to consult a legal counsel to ask for a financial support from my daughter’s dad. unfortunately, my ex is in abroad. he already told me that he’d still support my daughter but i want assurance.what if he refused to cooperate with me? what would be the conseqeunces if he ignores my petition?rhanks and god bless!
good day atty..i am planning to consult a legal counsel for a financial support of my daiughter.. the problem is we are not married and at the same time he didnt sign the birth certificate of my daughter. do i have the right to ask for a financial support from him. hoping for your quick response…
Hi sir/ATTY.m chino from mindanao and i studied my college here in cebu city. i was accused due to the allegations’ of the dad of my ex-girlfriend.they file me a case that related on the art.9262 which is the violence againts women and children.as they involve me in this law suit,i found some very questionable things that even my uncles’ are really cant understand the soebpoena that they issued .bcz first of all the medical certificate is issued on the date that we broke up and infact on that afernoon me nd my ex-girlfriend go to the vet to buy foods to our dogs.and to spend the very last time.nd so that my father was here in cebu,th dad of my ex gf admit that he himself made those brouse so that her daughter will have a lesson.and by then ,and after that incident he called me to return the things of my x gf .and as i go there house he told me and showed me to his digi -cam that he pictured the brouse so that people will know that im the one who is responsibility on this kind of situation??but there is also a solution for this the dad says’ give me 10t pesos and i will easily drop the charges.atty, as we go on on this problem i gave him the money thro his atm account .and i keep the receipt so that by the time he still pursue the case i have the evidence to prove that he ask 4 the money to drop the case.after a several months, the cebu city police issued me a warrant of arrest which is a very painfull and embarassing moment in my entire life.as , im blessed with a father that very understanding and supportive naka -piyansa po ako ng 12t.and to undergo the hearing in the court.my complains is bakit po nung time nah nag counter affidavit kami, sa subpoena deny ng fiscal sa cebu.and they issued it on friday tapos po parang snadya kasi coz wala po office hours in sat-tyka sun.?even my uncles are very confused on this situation coz they both Judges’ in the court.the one is in the makati rtc,and the other one is in the rtc branch 10 in zamboanga del norte.even them are shocked and confused about the law runs in that particular city. what kind of justice the city serve.and to think po they dont have enough evidence tapos gnun ang nangyari?and to think ung tatay ang ng bug bug sa kanya at pnicturan lng para ako ung ma point out nah suspect.sa isang crime nah slight physical injuries.and mismo ung x gf ko ayd makakibo sa tatay kasi takot sya at nung kami pa dati hirap na hirap sya sa pamamlakad ng tatay nya sa knila ng mom nya kasi siya lng ang mag-isang anak at there family is o traditional coz they are pure blooded chinese.and no wonder talagang mahirap ang situation. tnong ko lng po, kasi im so paranoid about these things that happend in my life ight now.and sooner mg graduate n aq ng college.and ayaw kung ma wala ang pnaghirapan ko po course.meron po bah solution if ever i lost the case?pwd po bah mka provition?sa slight pysical injuries?
hi Atty.! my husband has been working abroad for 5 yrs. now and he just sends me 50% of his allotment for our 3 kids. For sometime, I allowed this arrangement bec. we want to save for the future. But last year, we had a big disagreement and he wanted a separation even if I don’t want to accept it at first hoping he’ll change his mind.
After a year, the situation worsened. The kids are growing up and we send them to private schools. All prices came up, rice, gasoline, transportation, etc…. and the $350 per month which only amounts to P14,000 something as of present is not enough. I have the habit of recording every expenses and I soon realized the reason why I’m always out of fund before the next payday.
With this, I want to demand an increase of his allotment. I already talked to our company lawyer (where I work) a year before and she gave me some idea about having a “draft signed by the lawyer to be submitted to the agency where my husband is connected” and that the company where he works will have no choice (and also my husband, or ex) but to oblige.
PLs. enlighten me on this. Do you think I can demand up to 80% of his salary bec. we have 3 kids?
Thank you.
hi!
im a mother of a 5 year old. i leave the the house coz my husband slapped my face for the first time. now my daughter and i lived with my parents. my question is, can i still still demand for a child support for my daughter even if i leave the house? he’s a seafarer.
hope to hear from you the soonest.
the father of my child is a lawyer. if i pursue a petition for child support, will it affect his legal career, or will my petition be the cause for some administrative penalties against him as a lawyer?
i would very much appreciate your opinion. thank you.
addendum: i am not married with the father of my child. he is separated from his legal wife, has a live-in partner at the moment, and has fathered several children to different mothers.
thanks once again.
hi atty,
Me and my ex have a child who is one year old now. We are both working abroad but no longer see each other because I learned that he was already married and 2 kids before he met me. He told me this sad fact after he got me pregnant. Now, does our illegitimate child have the rights to his father’s support? What should I do to oblige the father to at least send monthly allowance for my daughter???thank you so much and may God bless you!
i filled a case of ra 9262 and tpo against my husband and the cases are in the court .. butr sad to say that the money of my husband moves with in the hall of justice and keeps on delaying all the cases.. so far im losing my resources and my three children is in my custody. the support factor has been tackled during the cases and i have a court order that he must provide evrything but he doesent give any cent and does not obey court order..pls tell me what to do atty.
i had a relationship to a married person but he told m that they are separated but not yet annuled.Now that I got pregnant from him does my child have the right to ask for a financial support from the father?
good day sir, i have a question i am pregnant now my bf wants to abort my baby but i dont want to abort my baby.i just pretend that that was also my plan and he gave me money to buy pampalaglag but instead buying that i went to my OB-GYNE for checkup and untrasound and buy some vitamins and pampakapit because i had spotting before that,when i found out that i might loose my child i told my bf that if he wont help me buy medicines for my child i will tell his parents that i am pregnant but he just ignore me then sa takot ko mawala anak ko i textd his mother and told her my situation but she replyd: kaung dalawa magusap labas kami jan,then my bf texted me: masaya kana? la nkong pakialam sayo la ka ng makukuhang tulong sakin! until now that i am 4 months pregnant i still dont gt anything from them,i keep on texting him but he just keep on saying la na tau paguusapan la nako paki sainyo! Do i have chance to win the case if i file RA 9262 against him?
Atty, do you honestly believe that RA 9262 is constitutional?
Good Afternoon Atty., do you think Sir the RA 9262 can still be apply to persons above twenty-one years of age.
Hi, good day! My ex-husband and I we’re not living together for almost 4 years. I rented my own apartment together with my daughter but sometimes my daughter slept with her father because we’re neighbor. That 4 years we didn’t spoke or text each other about child support. He pays for my daughter’s tuition fee when she was in nursery & kinder and sometimes give for school needs. But that was before, my daughter is studying in a public school and I want her to be in private school since her father is working and I want to demand for monthly support for my daughter because he didn’t give any single centavo just for school supplies, uniforms & during christmas only when he gives. Is it possible to ask for a monthly support and my daughter to be in private school. One thing more I have a boyfriend did will affect for asking a child support but we’re not leaving together & can he sue me for having boyfriend even we’re not legally separated and it ok to show to him that I have a boyfriend already? Thank you!
Hi… Can I still demand of child support if my child is illigetimate and the father is not in the birth certificate of my child?
I have a son, he was named after me, but his father acknowledged him in his birth certificate…i want to know how much is the extent of his right for my son. We are leaving for US soon, is there a need for me to have consent from his end even though my son was named after me. I am afraid that he will not allow us to leave. Thank you
gud day atty. i have a 2 yr old son, not married. my son is under my name and his father signed on his birth certificate. my son’s father and i are officemates. we already live separate lives, im in a relationship right now and so is he. he sometimes gives support but i dont demand anything from him considering the fact that i earn better than him. the support is no problem with me… but he sometimes insists to get my son for a day or two… or when they have family gatherings. at first, bieng a parent i considered his right as a father, so i agreed to let my son join their family celebrations… however, now, i find it so annoying his way of getting my son… he would speak so indiscriminately to me and for that i dont give my son to him…
in a custody case sir, how often should my son be visited by his father? or will i be criminally liable if i dont let him visit or get my son? pls enlighten me on this matter sir… thanks