An Illegitimate Child: Is He Entitled for Support? How Much?
Happy New Year!
It is the first day of work in 2015.
First case I advised this day was all about support. Allegedly, an illegitimate child was abandoned by his father, physically and financially.
In this regard, my first post this year would be focused on SUPPORT. Questions like support on illegitimate child and the amount of support shall be addressed.
The Family Code of the Philippines, specifically Article 194, provides what comprises support. Thus:
“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.”
So, support comprises everything from sustenance, dwelling, clothing, medical attendance, education and transportation. Save from the provisions of the Family Code, support shall be given until a person reaches the age of majority.
In the Philippines, the age of majority is when a person reaches the age of 18. Thus, when a person reaches the age of 18, he is no longer entitled for support.
However, there are instances, even beyond the age of majority, a person may ask for support. Second paragraph of Article 194 of the Family Code is explicit in providing that support shall be provided even beyond the age of majority in the SCHOOLING OR TRAINING FOR SOME PROFESSION, TRADE OR VOCATION.
The question may be asked on whether or not an illegitimate child is entitled for support. Article 195 of the same Family Code provides an answer for this. Thus:
“Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
1. Xxxxx;
2. Xxxxxx;
3. Xxxxxx;
4. Parents and their ILLEGITIMATE children and the legitimate and illegitimate children of the latter; and
5. Xxxxxx.”
As stated above, an illegitimate child is entitled for support as mentioned in Article 194 of the Family Code.
However, an illegitimate child shall prove his filiation first before he is given a support. Filiation is defined as the fact of being a child to certain parent/s. In the instant case, our illegitimate child shall prove that he is the child of his father.
In order to prove his filiation, an illegitimate child shall show any of the following:
1. The record of birth appearing in the civil register or a final judgment;
2. An admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned;
In the absence of the foregoing evidence, the illegitimate filiation shall be proved by:
1. The open and continuous possession of the status of an illegitimate child; or
2. Any other means allowed by the Rules of Court and special laws.
Without evidence of filiation, any illegitimate child cannot claim for support from the concerned parent/s.
How much support shall be given to an illegitimate child?
The Family Code does not specify an amount of support that shall be given. It provides, however, as stated in Article 201, the amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Thus, any support shall be based on means of the giver and the necessities of the recipient.
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