Court can order automatic

remittance of child support

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BY THE MANILA TIMES ON NOVEMBER 15, 2015DEARPAO

Dear PAO,
I need your expert advice on my situation regarding child support for my daughter who is
one year old. Her father and I are no longer together. I am just concerned if there is
anything that I can do to get financial support from him for my daughter. We are working
in the same company. Is it possible for me to get money automatically deducted from his
pay check?
Aria

Dear Aria,
The law expressly mandates parents and their children to give support to each other,
whether their relationship is legitimate or not. Undeniably, your daughter has a right to
demand support from her father. Support is defined by the Family Code of the Philippines
as follows:

“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.”

Under the said law, the obligation to give support shall be demandable from the time the
person who has a right to receive the same needs it for maintenance, but it shall not be
paid except from the date of judicial or extrajudicial demand (Article 203).

Based on the above provisions, it is imperative that demand must be made to require the
father of your daughter to fulfill his obligation to give support to the latter. If he fails to
comply with his obligation, he may be compelled to do so by the filing of an appropriate
civil action in court. His deliberate failure to provide support to your daughter may also
give rise to the filing of a criminal complaint against him for violation of Republic Act
(R.A.) No. 7610, also known as the Special Protection of Children Against Abuse,
Exploitation and Discrimination Actof 1992or R.A. No. 9262, also known as the Anti-
Violence Against Women and Their Children Act of 2004.

It is worthy to mention that under R.A. No. 9262, a mechanism was introduced for the
purpose of preventing further acts of violence that may be inflicted against a woman or
her child/children. This is particularly provided by Section 8 thereof to wit:
“SECTION 8. Protection Orders.- A protection order is an order issued under this act for
the purpose of preventing further acts of violence against a woman or her child specified
in Section 5 of this Act and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim’s daily life, and facilitating the opportunity and
ability of the victim to independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that
may be issued under this Act shall include any, some or all of the following reliefs:
xxx

(g) Directing the respondent to provide support to the woman and/or her child if entitled
to legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld regularly
by the respondent’s employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
xxx” (Emphases supplied)

Again, we find it necessary to mention that this opinion is solely based on the facts you
have narrated and our appreciation of the same. The opinion may vary when the facts are
changed or elaborated.

We hope that we were able to enlighten you on the matter.

Child support estranged father’s

obligation
Dear PAO,
I have two children from a previous relationship. Although their father recognized them,
we don’t have any settlement yet regarding child support. I already asked him but he
refused. I cannot support my children’s needs as my income is not enough. Can I compel
the father of my children to give support?
Ellen

Dear Ellen,
As defined, support is everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity
of the family (Article 194, Family Code of the Philippines).
Under the Family Code of the Philippines, parents and their children whether their
relationship is legitimate or otherwise are obliged to give support to each other. Thus,
your children, having been acknowledged by their father as his, have the right to compel
the latter to provide support to them (Article 195, Ibid.).

Also, under Article 195 of the law, the obligation to give support shall be demandable
from the time the person who has a right to receive the same needs it for maintenance, but
it shall not be paid except from the date of judicial or extra-judicial demand.

Clearly, to compel the father of your children to give support, it is necessary that demand
must be made first directing him to give support. One way of doing this is by sending him
a letter, reminding him of his obligation to your children and demanding support from
him. If he fails to comply with his obligation, you may resort to filing a case in court so
that the court may force him to give support to your children. His failure to provide
support to your children may also be a ground for the filing of a criminal complaint
against him for violation of Republic Act 7610 or the Special Protection of Children
Against Abuse, Exploitation and Discrimination Act, or RA 9262 or the Anti-Violence
Against Women and Their Children Act of 2004.

Again, we find it necessary to mention that this opinion is solely based on the facts you
have narrated and our appreciation of the same. The opinion may vary when the facts are
changed or elaborated.

We hope that we were able to enlighten you on the matter.

Right to support of illegitimate

child arises if father recognizes
child
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Dear PAO,

I am pregnant and the father of my child is a married man. Can I compel him to
financially support our child once he is born? Can I also seek reimbursement from the
father for all the expenses that I incurred during the pregnancy once my child is born?
Anon

Dear Anon,
Upon his birth, your child shall be considered as an illegitimate child because you are not
married to his father (Article 165, Family Code of the Philippines). Under our laws, both
the legitimate and illegitimate child shall have the right to receive financial support from
their parents (Article 195, Family Code of the Philippines). But unlike a legitimate child
who is automatically entitled to support, an illegitimate child’s right to support shall only
arise if he was recognized by his father as his illegitimate child.

An illegitimate child may establish his illegitimate filiation in the same way and in the
same evidence as a legitimate child (Article 175, id.). These are the following: 1) record
of birth appearing in the civil register or a final judgment; and 2) an admission of
illegitimate filiation in a public document or a private handwritten instrument and signed
by the parent concerned. In the absence of the foregoing evidence, illegitimate filiation
shall be proved by: 1) 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 (Article 172,
Family Code of the Philippines).

Once your child is born, you may ask his father to recognize him as his illegitimate child
by accomplishing the Affidavit of Acknowledgment/ Admission of Paternity found at the
back of his birth certificate. If your child has been recognized by his father, he shall have
the right to receive financial support from him. However, if the father of your child
unjustly refuses to recognize your child, you may seek redress from the court by filing a
petition for compulsory recognition and support.

The obligation to give support is considered demandable from the time the person who
has a right to receive the same needs it for maintenance but it shall only be paid from the
date of judicial or extra-judicial demand (Article 203 of the Family Code of the
Philippines). Accordingly, since your child’s right to support shall arise only after he was
duly recognized by his father once he is born, he shall only be entitled to support from the
time that you have actually made a judicial or extra-judicial demand for support from the
father. Hence, you cannot demand from the father to reimburse you of the expenses that
you incurred before your child was born.

In addition to the right to support, a recognized illegitimate child shall also have the right
to use the surname of his father (Section 1, RA 9255), and the right to inherit from him
through succession (Article 887, Civil Code of the Philippines).

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.