Introduction

In Philippine law, the primary obligation to provide support falls on the parents of a minor child (Arts. 194–195, Family Code). However, when parents are unable, unwilling, or deceased, the duty may extend to other relatives, including grandparents. This secondary or supplementary liability of grandparents to provide support for their grandchildren is firmly established in Philippine jurisprudence and statutory law. The rules are governed principally by the Family Code of the Philippines (Executive Order No. 209, as amended), the Revised Rules of Court, Republic Act No. 9262 (Anti-VAWC Act), R.A. 8369 (Family Courts Act), and related Supreme Court decisions.

Legal Basis for Grandparental Support

1. Primary Sources in the Family Code

Article 194 – Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.
Article 195 – Persons obliged to support each other (in the following order):
1. Spouses
2. Legitimate ascendants and descendants
3. Parents and legitimate children (and children of the latter)
4. Legitimate brothers and sisters
5. Illegitimate children and their legitimate/illegitimate parents
Article 196 – Brothers and sisters not legitimately related owe support only when the need arises from causes imputable to the recipient’s own fault.
Article 197 – In case of legitimate ascendants and descendants, the order of liability is reciprocal; ascendants (grandparents) are liable only when parents are unable to provide support.
Article 199 – When two or more are obliged to give support, the payment is solidary, but the one who pays may claim proportionate reimbursement from the others.
Article 201 – The amount of support shall be in proportion to the resources or means of the giver and the necessities of the recipient.

The Supreme Court has consistently ruled that the obligation of grandparents is subsidiary or secondary to that of the parents (Lim v. Lim, G.R. No. 163209, 2009; De Asis v. CA, G.R. No. 109918, 1998).

2. When Grandparents Become Liable

Grandparents may be compelled to provide support for grandchildren in the following situations:

a. Death, incapacity, or disappearance of one or both parents
b. Parents are impoverished or have no means to support the child
c. Parents abandoned the child or are serving long prison terms
d. Parents are overseas workers or have absconded
e. One parent is deceased and the surviving parent is unable to provide adequate support
f. Illegitimate child whose father refuses recognition or support (grandparents on the paternal side may be held liable subsidiarily)

Procedure for Claiming Support from Grandparents

1. Proper Action

Petition for Support with prayer for support pendente lite (Rule 61, Rules of Court; A.M. No. 02-11-11-SC, Rule on Provisional Orders).
May be filed as an independent action or as part of a criminal case (e.g., R.A. 9262 violation, violation of R.A. 7610, or estafa through non-payment of support).
Venue: Family Court of the place where the petitioner or respondent resides.

2. Who May File

The child himself/herself (if of age)
The child’s legal guardian or next of kin
The DSWD or any child-caring institution
The other parent (even if not married to the absent parent)
The grandparent who has actual custody of the child

3. Evidence Required

Birth certificate of the grandchild establishing filiation to the parent
Birth certificate or proof of filiation of the parent to the grandparent
Proof of parents’ inability (death certificate, imprisonment records, affidavit of no income, etc.)
Proof of the grandchild’s needs (school fees, medical bills, daily expenses)
Proof of grandparents’ financial capacity (ITR, property titles, bank statements, etc.)

4. Support Pendente Lite

The Family Court may immediately grant monthly support even before trial upon a prima facie showing of entitlement (Sec. 3, Rule on Provisional Orders).

Extent and Amount of Grandparental Support

The amount is not fixed by law; it is determined on a case-to-case basis.
The court balances:
- Necessities of the grandchild
- Financial capacity of the grandparents (including other dependents they support)
- Lifestyle the child was accustomed to when parents were still supporting
Education up to college is generally considered part of support if the family’s economic status justifies it (Jocson v. Bustos, 193 Phils. 106, 1931; recent jurisprudence extends this to reasonable tertiary education).

Solidary vs. Proportionate Liability Among Grandparents

All four grandparents (paternal and maternal) are solidarily liable (Art. 199, Family Code).
The grandparent who pays more than his/her proportionate share may claim reimbursement from the others.
In practice, courts usually apportion based on the respective capacities of the paternal and maternal grandparents.

Defenses Available to Grandparents

Parents are still capable of providing support (most common defense).
Grandparent is himself/herself indigent or has other prior dependents (elderly spouse, disabled children).
Grandchild has reached the age of majority (21) and is no longer entitled unless incapacitated.
The claim is barred by a prior compromise agreement or final judgment.
The grandchild has sufficient property or income of his own (Art. 194, par. 2).

Termination or Modification of Support

Support may be reduced, increased, or terminated when:

Financial capacity of the grandparent changes substantially
Needs of the grandchild decrease (e.g., finishes schooling)
Parents regain capacity to support
Grandchild reaches majority and is capable of self-support

Criminal Liability for Non-Payment

Failure or refusal to provide legally mandated support to a grandchild (when the grandparent has been judicially ordered) may constitute:

Violation of R.A. 9262 (economic abuse, if the grandchild is a minor living with the mother who is a victim of violence)
Violation of Presidential Decree No. 603 (Child and Youth Welfare Code)
Possible estafa under Art. 315(2)(a), RPC, if support was received under false pretenses

Notable Supreme Court Decisions

Lim v. Lim (G.R. No. 163209, Oct. 30, 2009) – Grandparents’ liability is subsidiary; they cannot be ordered to pay support if the father is still capable.
De Asis v. CA (G.R. No. 109918, Dec. 15, 1998) – Paternal grandparents of an illegitimate child may be held subsidiarily liable when the father refuses support.
Montilla v. CA (G.R. No. 181174, June 22, 2015) – Reaffirmed solidary nature of support among ascendants.
Santiago v. Dep’t of Social Welfare (G.R. No. 227765, July 24, 2019) – Grandparents ordered to pay support pendente lite for abandoned grandchildren.

Practical Realities in Philippine Courts (as of 2025)

Family Courts are generally sympathetic to abandoned or orphaned grandchildren and readily issue provisional support orders against financially capable grandparents.
Execution of final support judgments against grandparents is common, including garnishment of pensions, bank accounts, or sale of non-family-home properties.
Many cases are resolved through mediation under the Family Court’s mandatory mediation process.

Conclusion

While the obligation of grandparents to support their grandchildren is not primary, it is real, solidary, and enforceable once the parents’ inability is established. Philippine courts have consistently upheld this subsidiary liability as part of the State’s policy to protect the rights and welfare of children (Art. XV, Sec. 3(2), 1987 Constitution; UN Convention on the Rights of the Child). Grandparents facing such claims are well-advised to present concrete evidence of their own financial limitations or of the parents’ continuing capacity to support.