Dear PAO,
I just want to know the rights of my minor child. His father and I are
not married because he already has a wife and they, too, have children.
His wife warned me that she will take legal actions against me, but I
never intend to cause any trouble to them. I just want him to provide
what is due to our child. What should I do?
Yannie
Dear Yannie,
A child, whether he or she is legitimate or illegitimate, has the right
to be supported by his or her parents. However, it is necessary that his
or her filiation with the parent he or she is seeking support from be
established first in order for the latter to be legally obligated to
provide such support.
There are several ways of establishing filiation between a parent and
a child. As provided for under Article 172 of the Family Code of the
Philippines, “The filiation of legitimate children is established by any
of the following: (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. In the absence of the foregoing
evidence, the legitimate filiation shall be proved by: (1) The open and
continuous possession of the status of a legitimate child; or (2) Any
other means allowed by the Rules of Court and special laws.” As for
illegitimate children, they may establish their illegitimate filiation
in the same way and on the same evidence as legitimate children (Article
175, Family Code of the Philippines).
In the situation that you have presented before us, it is essential
for you to prove first and foremost that your child has been
acknowledged or recognized by his or her father through any of the means
stated above. If you are able to establish their illegitimate
filiation, you may demand support from him by verbally communicating to
him the everyday expenditures of your child. You may also consider
giving him a formal demand letter if verbal plea proves futile.
If he has the capacity to answer for the financial needs of your
child but refuses to provide the same despite your repeated demands, you
may consider filing an action for support before the Regional Trial
Court of the place where you and your child reside. The court will
determine whether your child legally is entitled to support, and if so,
the amount to be granted which is fair and just, taking into
consideration all the necessities of your child as well as the resources
of his father.
We hope that we were able to answer your queries. Please be reminded
that this advice is based solely on the facts you have narrated and our
appreciation of the same. Our opinion may vary when other facts are
changed or elaborated.
source: Manila Times' Column of Atty Persida Acosta
Tuesday, October 29, 2013
Monday, October 21, 2013
Proof of child filiation needed before grant of parental support
Dear PAO,
I was impregnated by a man who is already married. He used to provide for the financial needs of our child. But after several months from the birth of our child, he simply stopped giving us money. Is there anything I can do that can compel him to provide support? Will there be any concern since he did not sign in the birth certificate of our child? Can I also have his professional license revoked or cancelled?
HTM
Dear HTM,
There is no question that a parent is obliged to provide support for his or her child. This obligation is clearly provided for under Article 195 of the Family Code of the Philippines, which reads: “Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: x x x (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; x x x”
However, we would like to emphasize that it is necessary that the filiation of the child and the parent concerned be proven in order that the former can lawfully invoke his or her right to such support from the latter. Under the law, illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as will be used in establishing legitimate filiation, that is, through: (1) the record of birth as appearing in the civil register or a final judgment, which indicates the recognition of the parent concerned of their illegitimate filiation; (2) admission of illegitimate 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 an illegitimate child; or (4) any other means allowed by the Rules of Court and special laws (Article 175 in relation to Article 172, Family Code of the Philippines).
In the situation that you have presented before us, you may demand from the father of your child to provide financial support which would answer for your child’s needs, whether it be for his or her sustenance, dwelling, clothing, medical attendance, education and transportation.
However, you may find it difficult to assert your child’s right to such support considering that he did not acknowledge their illegitimate relationship in the child’s birth certificate. You should, therefore, be able to establish their filiation through the other means above-stated.
Insofar as your desire to seek for the cancellation of the professional license of the father of your child, we want to emphasize that your concern affects his civil obligation over his child, not an infraction of his duties as a professional. You may only seek for the cancellation or revocation of his license if you can establish that his failure to provide support for the child constitutes a violation of the Code of Ethics of his particular profession.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
source: Manila Times Column of Atty Persida Acosta
I was impregnated by a man who is already married. He used to provide for the financial needs of our child. But after several months from the birth of our child, he simply stopped giving us money. Is there anything I can do that can compel him to provide support? Will there be any concern since he did not sign in the birth certificate of our child? Can I also have his professional license revoked or cancelled?
HTM
Dear HTM,
There is no question that a parent is obliged to provide support for his or her child. This obligation is clearly provided for under Article 195 of the Family Code of the Philippines, which reads: “Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: x x x (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; x x x”
However, we would like to emphasize that it is necessary that the filiation of the child and the parent concerned be proven in order that the former can lawfully invoke his or her right to such support from the latter. Under the law, illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as will be used in establishing legitimate filiation, that is, through: (1) the record of birth as appearing in the civil register or a final judgment, which indicates the recognition of the parent concerned of their illegitimate filiation; (2) admission of illegitimate 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 an illegitimate child; or (4) any other means allowed by the Rules of Court and special laws (Article 175 in relation to Article 172, Family Code of the Philippines).
In the situation that you have presented before us, you may demand from the father of your child to provide financial support which would answer for your child’s needs, whether it be for his or her sustenance, dwelling, clothing, medical attendance, education and transportation.
However, you may find it difficult to assert your child’s right to such support considering that he did not acknowledge their illegitimate relationship in the child’s birth certificate. You should, therefore, be able to establish their filiation through the other means above-stated.
Insofar as your desire to seek for the cancellation of the professional license of the father of your child, we want to emphasize that your concern affects his civil obligation over his child, not an infraction of his duties as a professional. You may only seek for the cancellation or revocation of his license if you can establish that his failure to provide support for the child constitutes a violation of the Code of Ethics of his particular profession.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
source: Manila Times Column of Atty Persida Acosta
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