Legal Support for the Child and R.A. 9262

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) 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; (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 under Republic 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.

470 thoughts on “Legal Support for the Child and R.A. 9262

  1. Arnold

    Hi goodeve Sir! Tanong ko lang po sana kung may laban ako sa anak ko, lahat ng pangangailangan niya ako ang nagproprovide pati allowance niya at grocery niya naiibigay ko yun ng walang palya..may daugther is only 8 years old at nasa puder ng nanay niya. Gusto po kasi ng nanay niya hindi ko na lalapitan yung anak ko pero continous dapat ang sustento ko sinisiraan din ako ng ex wife ko sa anak namin..ang ex wife ko po ay nan lalaki at sumama na sa kalaguyo niya.. may karapatan po ba akong makuha ung anak ko..salamat
    Sa ngayon mu nagbibigay pa rin ang ng supporta sa anak ko

    Reply
  2. rupert

    Hi sir good evening id like to ask about what if the mother and father is seperated but they are not married and her mother is on cavite and she is on makati. Her mother doesn’t give money as well as her father. Here’s the thing here in the makati she got a scholarship from her a church and she has a teacher who’s guiding her partially. Her teacher wants her to stay in their house because she cant pay her rent which is 1.8k her scholarship only gives her 1.3k but she didnt because she had a job offer from us that gives her a prievelage to stay at the house with things to sustain her liivng. The teacher gone mad we’d like to ask if it will be possible for her (the teacher) to issue kidnapping when her mother and father is alive and is still in touch with her

    Reply
  3. Eilene

    Hi, Gusto ko po sana humingi ng payong legal, 40 yrs. old na po ako ngayon at simula ng ipinanganak ako hindi natustusan ng tunay kong ama ang aking pangangailangan. Sa madaling sabi iniwan nya ang responsibilidad nya sa amin ng kuya ko. Ngayon nandito sya sa Pilipinas for the first time in 40 yrs. He reached out to me last Nov, 2016. Tinanggap ko sya at naging maganda ang samahan namin hanggang sa nalaman ko na meron syang pinagaaral dito na 17 yrs. old. In just a few weeks na pagkakakilala nya sa bata pinag aaral na nya samantalang ako na tunay nyang anak hindi nya pinag aral. Kahit man lang ang mga anak ko na apo nya hindi nya pinag aral para sana makabawi sya sa pagkukulang nya sa akin. Ang tanong ko po maaari po ba ako maghabol ng sustento kahit 40 yrs old na ako at may stable job? Para nalang po sana sa mga apo nya. Thank you.

    Reply
  4. jein rosh

    Goodafternoon Atty…

    I have 1 child and not married and my seaman boyfriend will not support my child…what should I do…upang makasupporta siya kay baby dahil may iba din siyang babae at yon ang pakakasalan daw niya…at may anak.din sila…8 years na kami ng boyFriend ko at ngayon palang kami nagkaroon ng anak…pls help me kung ano pong gagawin ko…

    Reply
  5. Mhae

    I am a single mom of 6yr old..
    I gave birth last aug2011..
    And i want to ask for your help and file a case against the father of my kid..
    He is not sending support to my kid for 6yrs i can calculate only 6 thousand pesos naibigay nia..
    My kid is in school now..
    Her dad is working in dubai..
    At hindi man lang nagpapadala ng kahit anong suporta..kahit nung managanak ako wala sya sa ospital at di man lang makapirma sa borth certificate ng anak nia..
    Hindi ko maintindihan bakit may ganitong tao pa na nabubuhay..

    Reply
  6. Leiann

    Attorney hello my karapatan ba ako manghingi sustento sa ama ng anak ko work dto sa Dubai kc kaht singko na duleng wala pa naibigay sa anak ko!tapos my iba nnmn na kinakasama dto sa Dubai my karapatan ba ako maghingi at sumulat sa pinagtratrabauan nia na gusto ko humingi sustento sa knya!!andto rin ako sA Dubai now…pls..reply me alam ko kng ano company nia…

    Reply
  7. Renren

    Gud day atty.
    Ask q lng po qng ilng percent ng sahod ang mkkuha ng 2bata. Wc is 5yrs old and 2yrs old. Were not married and halos ayaw ibgay ang para s bata.
    Tnx po

    Reply
  8. Saicey13

    Hello good day ,
    My kids are now 3 years old at nagkahiwalay kami ng bf ko 1 month palang tiyan ko tas nagbalikan kami ng ex ko at nang nanganak ako yung apelyedo ng ex ko ang dinalang apilyedo ng anak ko Pwede po ba akong maka hingi ng financial support sa biological papa ng kids KO kahit Hindi apelyedo nya ang ginagamit at sa ex KO? Salamat po

    Reply
  9. cheska

    sir,
    gudpm!ask ko lng po kasi un live in partner ko ngayon my anak yung anak nia andun sa babae tpos ngayon bigla xa nghihingi ng sustento na worth 19k every month kasama dun bayad sa yaya,tutor,service,school,gamit sa school at kung ano ano pa..e ang trabaho po ng partner ko ay private nurse at minumum wage lang..tapos nasaktan ako kasi bakit kailangan nia pa mag post on social media na irresponsable daw yung tatay ng anak nia..e ni minsan ayaw naman ipahiram yung bata sa partner ko..ano po kaya dapat namin gawin?

    Reply
  10. camil

    GOOD day..
    SIR/MAAM,
    ITATANONG KO LANG PO SANA KUNG PAPANO KO PO MAIPAGLALABAN ANG KARAPATAN PO NG AKING ANAK PARA MAKAKUHA NG SUSTENTO MAGMULA S KANYANG TATAY NA ISANG (SEAFARER), ,HINDI PO KAMI KASAL NG TATAY NIYA..MERON HU BA AKONG MAGAGAWA PABA/KUNG MERON PO SAAN PO AKO PU PWDNG PUMUNTA ? SANA PO MATULUNGAN NIO PO AKO.
    MARAMING SALAMAT PO.

    Reply
  11. kai

    Good Day.. just want to ask what I should do to have the father of my child give financial support for my soon to be born baby?
    I am 3months pregnant, and the father of my child doesn’t want to give financial support because he said he doesn’t want his real family to know that he impregnated me.
    I didn’t know that he is married. He used a fake identity for 5 years now. And had girlfriends with that fake identity of his. I was the last girlfriend he had (because he promised his not going to do it anymore, so I’ll assume that I am the last)
    I only found out about his real name thru one of his ex-girlfriend, but something had already happened between us the time I found out. After knowing that, I didn’t stop gathering information about his real identity, and that’s when I found out that he married. But still he kept denying it.
    When I confirmed that I was 10 weeks pregnant, I told him about it. He said that he cannot be a father to my child and wanted me to abort it. That’s when he confessed that he is indeed married and doesn’t want his family to know about it.
    He doesn’t want to give financial support, still forcing me to abort the baby. In short, he doesn’t want to have anything to do with our child.
    What can I do? Please help..

    Reply
  12. gemalyn

    So many kids in the same situation as mine. I was not married with the partner in Canada. He refuse to support our child who is in grade 11 now. I cant support her through college because i have other children to attend to. Is there a way to file a demand in canadian embassy? i dont know his employer or much about him.

    Reply
  13. William

    Hello,

    Good Day,

    Would like to seek an advice on my problem, apparently my legal wife is seeing someone now, however we have a child who is turning 5 this year, I am working overseas and never failed to give them support, just in this case she just get all the money I have sent to them for my kids enrollment, how can I summon my wife or any legal things I would be able to do to get my son? She is not working and no means to support herself not even my son. She got lots of tantrums and as a result, my son got to recieve all those physical abuse.

    Reply
  14. Ai

    Hi there.. I am a legal wife of a seaman and he is just sending me 15k a month,, we have 2 kids,, twins,, they are 6 years old,, I cannot send them into a good school because of the remmitance that I received.. Me and my husband is not communicating anymore,, sometimes,, when he is in the Phils., he’s not sending us the 15k as he promised.. What should I do? Do I have the rights to ask for more than 15k per month so that I can give all the needs of our children.. Thanks a lot! More powers!

    Reply
  15. concern friend

    I have a friend, she got pregnant and as soon as the father knows about the pregnancy he refused to acknowledge the child.
    Is there any legal action or what legal action the mother can do to force the father to support the child? They are not married. Is the mother has the right or basis to file a case against the father?

    Reply

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