Filial Support Obligation to Sick Parents in the Philippines
A comprehensive Philippine-law primer
1. Concept and Policy Foundations
Filial support is the legal duty of every child—whether legitimate, illegitimate, acknowledged, adopted, or even emancipated—to provide for the basic and medical needs of his or her parents when the latter are unable to do so themselves. The principle rests on three concentric layers of authority:
| Layer | Key provision | Core idea |
|---|---|---|
| Constitution | Art. XV, §3 (2) & (3) | The State shall defend the right of families “to take care of their elderly members” and “strengthen family solidarity.” |
| Family Code (E.O. 209, 1987) | Title VIII, Arts. 194-208 | Recodifies Civil-Code rules on support; creates a reciprocal obligation between parents and children. |
| Revised Penal Code / Special Laws | Art. 195 (RPC, as amended); RA 9262 (economic abuse) | Criminalizes malicious refusal to support and treats prolonged deprivation of support as a form of violence. |
2. Who Must Support Whom
- Spouse (if still alive)
- Children and descendants—all of them, proportionately (Art. 199).
- Ascendants, siblings, collateral relatives follow, but only if 1-2 are unable.
Illegitimate children are bound just like legitimate ones (Art. 195[5]), but succession rules on legitime do not affect the duty of support.
3. When Does the Duty Arise?
Filial support becomes demandable when all three elements concur (Art. 201):
- Need on the part of the parent – The parent cannot “provide for his subsistence,” which the Code defines to include medical care. Serious or chronic illness clearly satisfies this requirement.
- Capacity on the part of the child – Support is taken from the property of the obligor, and only from income if he has descendants to support.
- Formal demand – Although support is a natural obligation, it becomes an enforceable civil obligation only upon demand (written, judicial, or even oral).
4. Scope of “Support” (Art. 194)
| Category | Description | Typical items for sick parents |
|---|---|---|
| Food & shelter | Adequate nutrition and lodging | Therapeutic diet, safe living space |
| Clothing | Decent, season-appropriate apparel | Medical garments, adult diapers |
| Medical attendance | Doctor’s fees, hospitalization, pharmaceuticals, assistive devices | Chemotherapy, dialysis, prosthetics, nurses, wheelchairs |
| Education & transportation | Generally inapplicable to parents, but transport to obtain care is covered | Ambulance services, mobility aids |
| Extras required by illness | Any expense “indispensable for the preservation of life.” | Home oxygen, physical therapy, palliative care |
Courts liberally construe “subsistence” for the elderly; in De Castro v. De Castro (G.R. 171526, Jan 20 , 2016) the Supreme Court allowed expanded medical support beyond bare sustenance.
5. Amount and Manner of Payment
- Proportionality: Each child contributes in proportion to his means (Art. 199).
- Parent’s choice: The parent may select from whom to claim, but the chosen child may implead co-obligors for contribution (Art. 206-207).
- Adjustability: The amount “shall be in keeping with the resources of the giver and the necessities of the recipient” (Art. 201); it can be increased, reduced, or terminated if either party’s circumstances change (Art. 203).
6. Procedural Routes
| Remedy | Where filed | Salient features |
|---|---|---|
| Petition for Support (ordinary civil action) | Family Court, RTC | May include support pendente lite under A.M. 02-11-12-SC. |
| Barangay conciliation | Lupon Tagapamayapa | Mandatory if parties reside in same barangay; jurisdictional prerequisite unless emergency. |
| Criminal action | Under Art. 195 RPC (if refusal is malicious) or RA 9262 (economic abuse by a child who resides with the parent) | State prosecutes; support may be awarded as civil liability. |
Note: Actions for future support never prescribe, but claims for accrued support prescribe in five (5) years (Art. 1149, Civil Code).
7. Interaction with Other Laws & Programs
- RA 9994 (Expanded Senior Citizens Act) provides indigent medicines & PhilHealth subsidy but does not extinguish the child’s obligation.
- RA 9995 (Anti-Elder Abuse) criminalizes neglect, reinforcing civil liability.
- Tax: Support is a family expense, not a donation; it is neither taxable income nor deductible (BIR Ruling DA-419-05).
- GSIS/SSS, PhilHealth, PCSO assistance can offset—but not eliminate—the amount chargeable to children.
8. Defenses and Limitations
| Defense | Effect |
|---|---|
| Parent not in need (has pension, property) | Suspends or reduces duty. |
| Child lacks means (subsistence-level income) | Suspends enforcement; court may prorate among better-off siblings. |
| Unworthiness under Art. 196 (serious offense by parent vs. child) | Temporarily excuses child unless parent is a minor or unable to support self. |
| Prescription of past support | Bars collection beyond 5-year window. |
| Laches / equitable estoppel | Rarely successful; courts stress moral aspect of support. |
9. Jurisprudential Snapshots
| Case | G.R. No. / Date | Doctrine |
|---|---|---|
| Abalos v. CA | 103169 / Nov 16 , 1993 | Support may be set-off against advances made by the child (e.g., tuition paid for siblings). |
| People v. Go | 116809 / Sept 2 , 1999 | Conviction for malicious refusal to support aged parent upheld under Art. 195 RPC. |
| De Castro v. Assidao-De Castro | 171526 / Jan 20 , 2016 | Support pendente lite proper even between adult family members; deprivation of medical care falls within support. |
| People v. Malicsi | 170341 / Mar 13 , 2013 | Non-support may constitute economic abuse under RA 9262. |
10. Practical Tips for Families
- Document both need and capacity—medical certificates for the parent; income proofs for children.
- Begin with family conferencing; keep minutes to show good faith.
- Utilize conciliation-barangay to save costs; settlement agreements are enforceable under Sec. 416, LGC.
- Explore PhilHealth Z-benefit packages, DSWD 4Ps, and PCSO medical assistance to supplement, not replace, filial support.
- Seek provisional relief early; the court may order interim support within weeks.
- Update the court on changes (e.g., parent recovering, child losing a job) to adjust the amount.
11. Key Take-Away
Filial support in Philippine law is both a moral imperative and a legally enforceable duty. Once parents become sick and destitute, children must provide proportionate and humane assistance—especially for medical care—subject only to the limit of their actual resources. The State enforces this duty through civil, administrative, and even criminal mechanisms, underscoring the Filipino constitutional value that “the family is a basic autonomous social institution” whose members care for one another across generations.
This article is for educational purposes and does not constitute legal advice. For specific cases, consult a Philippine lawyer or your local Public Attorney’s Office.