Illegitimate children are entitled to financial support
[1] If the illegitimate children have not been recognized by their biological father, they
can file a petition for compulsory recognition and financial support. They can ask the
court to compel the father to undergo DNA testing.
[2] If the father has recognized the illegitimate children by signing the birth certificate
or through a written document, they can file a petition for Protection Order for
support under Section 8, paragraph (g) of RA 9262. (If the father claims that his
signature or the document was forged, they can ask the court to compel him to
undergo DNA testing.)
Through a Protection Order, the court will order the father and his employer to
set aside a certain percentage of his salary to be remitted directly to the
children on a monthly basis. If the father or his employer, or both fail to do so, they
can be charged with contempt of court.
The Family Code does not provide a specific percentage of the monthly salary for
the support. It only provides that amount of support is balanced between the
necessities of the person asking for support and the financial capability of the person
from whom support is being asked. Support can 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.
How much is the legitime (share in the inheritance) of an illegitimate child?
The legitime of each illegitimate child is one-half of the legitime of a legitimate child.
Article 176 Family Code: how to compute the inheritance of legitimate and
illegitimate children
An illegitimate child gets only 50% of what a legitimate child is entitled to
Article 176. The article states:
Illegitimate children shall use the surname and shall be under the parental authority
of their mother, and shall be entitled to support in conformity with this Code.
However, illegitimate children may use surname of their father if their filiation has
been expressly recognized by the father through the record of birth appearing in the
civil register, or when an admission in a public document or private handwritten
instrument is made by the father. Provided, the father has the right to institute an
action before the regular courts to prove non-filiation during his lifetime. The legitime
of each illegitimate child shall consist of one-half of the legitime of a legitimate
child. (As amended by Republic Act 9255, approved February 24,2004; emphasis
by boldfacing supplied)
Legal Support for the Child and R.A. 9262
Published by Atty. Fred July 22nd, 2006 in Criminal Law, Family and Property
Lawand Litigation and Labor Law. 103 Comments
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) Legitimateascendants
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 underRepublic 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 sactions or penalties
for failure to provide support or withholding custody, in certain cases. Well, now you
know.
Republic Act No. 9255
REPUBLIC OF THE PHILIPPINES
Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.
Republic Act No. 9255
February 24 2004
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR
FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO.
209, OTHERWISE KNOWN AS THE “FAMILY CODE OF THE PHILIPPINES”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, is hereby amended to read as follows:
“Article 176. Illegitimate children shall use the surname and shall be under the parental authority of
their mother, and shall be entitled to support in conformity with this Code. However, illegitimate
children may use the surname of their father if their filiation has been expressly recognized by the
father through the record of birth appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the father. Provided, the father has the right to
institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of
each illegitimate child shall consist of one-half of the legitime of a legitimate child.”
SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations,
rules and regulations, which are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in
theOfficial Gazette or in two (2) newspapers of general circulation.
Approved,
(Sgd.) FRANKLIN DRILON (Sgd.) JOSE DE VENECIA JR.
President of the Senate Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 4437 and Senate Bill No. 2510 was finally passed by the
House of Representatives and the Senate on January 21, 2004 and February 4, 2004, respectively.
(Sgd.) OSCAR G. YABES (Sgd.) ROBERTO P. NAZARENO
Secretary of Senate Secretary General
House of Represenatives
Approved: February 24, 2004
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
