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
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