Dear Atty. Angela,
I was in a live-in relationship and my boyfriend got me pregnant. Two years after giving birth to our son, we have been in constant fights and I just found out that he is seeing another woman.
We got separated and he is no longer showing up nor providing any financial support to us. He said we are not married anyway and we are not his responsibility. I feel helpless as I also don’t have work. Can I demand support from him since he is still the father of my child?
Josephine
*****
Dear Josephine,
Yes, under the law, your son is legally entitled to receive support from his father. According to the Philippine Constitution, both legitimate and illegitimate children are rightful to support until they are 18 years of age.
The right to receive support is provided under the Family Code. Article 194 of the Family Code defines support 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.
Further, the provisions of the Family Code also state who are obliged to give support:
Art. 195. 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:
(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; and
(5) Legitimate brothers and sisters, whether of the full or half-blood.
Based on the Family Code, the father of your child is mandated to give support. Even if the parents of a child are not married, both parties are still obligated to provide support. The failure or rejection thereof is punishable by the law in accordance with Republic Act 9262 or the Anti-Violence Against Women and Their Children Act.
Atty. Angela Antonio