A father’s earnings basis for child support
"I met a guy in 2001. We lived together and we now have three children. He did not disclose to me that he was already married. It was only in 2003 that he told me about his wife and two children. His wife asked to meet us to discuss about the support of their two children. After our conversation, my husband agreed to provide support for them. In 2005, his wife asked for more financial support, and threatened that if her husband will not give the money, she will file a case against us. So, I decided to heed her demands even if I had to get the money from my own pocket. But in 2009, she was demanding to give double of what they were already receiving. She knows very well that her husband has no means to give her what she is asking for and I also do not have money to help him as we have children of our own to provide for. She has been harassing us. I just want to know if she can really file a case against us. Is there a period of prescription for filing a criminal case? How about our three kids, do they have the right to demand support from their father? He acknowledged them in their birth certificates.
Maintaining a relationship with a married person is not only frowned upon in our society but can also lead to various legal predicaments. As in your case, the wife of the person you are living with may file a criminal case against you and her husband for concubinage. As provided for under Article 334 of the Revised Penal Code, “Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods. x x x The concubine shall suffer the penalty of destierro.” Given that it is punishable by a correctional penalty, the crime of concubinage prescribes in ten years which is to be counted from the day on which it was discovered by the offended party, that is, the legal wife (Article 90 in relation to Article 91, id).We are not concluding that you and the man involved in your situation will be convicted of the aforementioned crime. It will still depend on the evidence submitted by the prosecution, whether the same proves beyond reasonable doubt that the crime was committed, as well as the appreciation of the court thereto. Nevertheless, it would be best for you to put an end to your illicit relationship so as to avoid any further harm to you and to all your children.
Insofar as the right of your children to demand support, we are of the opinion that they have the right to seek support. While they are considered as illegitimate children since they were born outside a valid marriage, the law still grants them entitlement to financial support from their father. Article 105 of the Family Code of the Philippines states that parents and their illegitimate children are obliged to support each other. However, we would like to emphasize that the amount of support to be given shall be in proportion to the means of their father as well as to their necessities. The same is true insofar as the legitimate children of the man you are cohabiting with are concerned. While his wife may legally bind her husband to provide financial support for their children, she cannot ask for an amount which is beyond the capacity of her husband to give.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.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com"
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"A father’s earnings basis for child support"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021