Illegitimate child entitled to support of father
"I got pregnant two years ago by a man older than me. I wanted to abort the said child but he said no. So last year I gave birth to the child. In the first three months he gave me financial support, but since then, I received nothing. Is my child entitled to support even if I am not married to his father? Will such refusal to give support constitute violence?Thanks,
Your child is entitled to support because he is an illegitimate child of his father. Pursuant to Article 176 of the Family Code of the Philippines:Art. 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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.
A demand letter demanding support on behalf of your child must first be sent. After refusal, a petition for support may then be filed against the father provided the child is duly recognized or his filiation is proven. Under Article 175 in relation to 172 of the Family Code of the Philippines, it is stated that:
Art. 172. The filiation of legitimate children is established by any of the following:(1) The record of birth appearing in the civil register or a final judgment or(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The 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 (265a, 266a, 267a).Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent.Regarding your query as to whether his refusal to support would constitute violence, such could be considered economic abuse under Republic Act No. 9262, otherwise known as Anti-Violence against Women and their Children Act of 2004. As defined in the said law:D. Economic abuse refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common3. destroying household property4. controlling the victims own money or properties or solely controlling the conjugal money or properties.Moreover, 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 have fully addressed your queries.Editors note: Dear PAO is a daily column of the Public Attorneys Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org"
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"Illegitimate child entitled to support of father"
was written by Mary
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and updated on 15 September 2021