Parenthood entails great responsibility
"I had a relationship with a man whom I thought was still single. We lived together for three years and we have two children. He took me to his province where I met his parents. It was also the same time that I met his alleged wife. She threatened me that she will sue me. From then on, I have not seen the father of my children although he calls us once in a while. I just want to know whether I can ask for support from the father of my children. I am afraid to ask for support because of the threats made by his wife. I hope you can enlighten me. Thank you.
Parenthood entails a great amount of responsibility and our laws recognize such responsibility. The Family Code of the Philippines requires parents to provide support to their legitimate children as well as to their illegitimate children (Article 195 (3) and (4), id). And when the law speaks of support, it compromises everything which is indispensable for the sustenance, dwelling, clothing, medical attendance, education and transportation of the child, in keeping with the financial capacity of the family (Article 194, id). The parent may voluntarily provide support for the child. Should the parent fail to do so, the child or his legal guardian may demand for support, judicially or extra-judicially, from the moment the child needs such support (Article 203, id).Taking the foregoing provisions into consideration, it is thus safe for us to say that your children may ask for support from their father, or if they are still minor, you may seek it in their behalf. It is only normal for you to feel some apprehension considering that the wife of the father of your children is threatening to file a case against you. If truth be told, she may file a case against you if she desires to do so. But like all other cases filed in court, it is still incumbent upon her to prove your culpability so that proper penalties can be imposed on you. If she fails to establish that you committed a crime, such case will only be dismissed by the court. For this reason, such threats should not be an obstacle for you to demand support for your children because you are only claiming something that they may legally demand from their father.
Nevertheless, we would like to stress that while our laws recognize the right of your illegitimate children to demand support from their father, it is still essential for you or your children to prove their illegitimate filiation with their father. Under the law, illegitimate filiation may be established by any of the following: (a) the record of birth appearing in the civil register or a final judgment or (b) an admission of legitimate filiation on a public document or a private handwritten instrument and signed by the parent concerned, or in the absence of the foregoing, (c) the open and continuous possession of the status of a legitimate child or (d) any other means allowed by the Rules of Court and special laws (Article 175 in relation to Article 172, id).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 firstname.lastname@example.org."
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"Parenthood entails great responsibility"
was written by Mary
under the Legal Advice
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comments. The article was created on 15 September 2021
and updated on 15 September 2021