In the Philippines, the obligation of a father to provide support to his children is not merely a moral duty but a strictly mandated legal requirement. Governed primarily by the Family Code of the Philippines and supplemented by various jurisprudence and special laws, the rules on child support ensure that the rights and welfare of the child remain paramount, regardless of the father’s marital status or personal relationship with the mother.
1. The Scope of Support
Under Article 194 of the Family Code, "support" is comprehensive. It is not limited to a monthly cash allowance. It legally encompasses everything indispensable for:
- Sustenance (Food and groceries)
- Dwelling (Shelter/Housing)
- Clothing
- Medical Attendance (Health insurance, check-ups, and emergencies)
- Education (School fees, supplies, and even vocational training)
- Transportation (To and from school or essential services)
The amount of support is never fixed by law; instead, it follows the "Principle of Proportionality." Support is determined based on two factors: the resources/means of the giver (the father) and the actual needs of the recipient (the child).
2. Legitimate vs. Illegitimate Children
The law makes no distinction regarding the amount of support based on a child's status. Both legitimate and illegitimate children are entitled to the same quality of support.
- Legitimate Children: Support is automatic as their filiation is established by the marriage of the parents.
- Illegitimate Children: To demand support, the father’s filiation must be established. This is usually proven through the child’s Birth Certificate (if signed by the father), a written admission of paternity in a public or private document, or through DNA testing. Once filiation is proven, the father is legally bound to provide support.
3. Key Legal Principles
The "No Waiver" Rule
The right to receive support cannot be renounced or waived. Even if the mother signs a contract stating she will never ask the father for money, that contract is void under Philippine law. The right to support belongs to the child, not the mother.
Support is Never Final
A court order for child support is never permanent. It can be adjusted (increased or decreased) at any time if the father’s income changes or if the child’s needs grow (e.g., moving from elementary to college).
Joint Parental Responsibility
While the focus is often on the father, the law dictates that both parents are obliged to support their children in proportion to their respective financial capabilities.
4. Remedies for Non-Payment
If a father refuses to provide support, several legal avenues are available:
- Petition for Compulsory Support: A civil case filed in the Family Court to compel the father to give a monthly allowance.
- R.A. 9262 (Anti-Violence Against Women and Their Children Act): Economic abuse is a criminal offense. Withholding financial support to intimidate or control the mother/child can lead to criminal charges, protection orders, and even imprisonment.
- Garnishment of Wages: The court can order an employer to deduct the support amount directly from the father’s salary and remit it to the mother/child.
5. Duration of Support
Contrary to popular belief, the obligation to provide support does not necessarily end when the child turns 18. Under Philippine law, support for education must continue until the child finishes their schooling or training, even if they have reached the age of majority, provided the child is not yet gainfully employed.
Summary Table: Obligations at a Glance
| Feature | Legal Requirement |
|---|---|
| Legal Basis | Family Code of the Philippines (Arts. 194-208) |
| Minimum Amount | None; based on the child's needs vs. father's income |
| Non-Compliance | Possible imprisonment under R.A. 9262 or Civil Contempt |
| Retroactivity | Support is due from the time it is extrajudicially or judicially demanded |
| Proof Required | Filiation (Birth Certificate, DNA, or Admission of Paternity) |
The Right to Visitation
In the Philippine legal system, support and visitation are independent of each other. A father cannot withhold support because he is denied visitation; conversely, a mother cannot deny visitation solely because the father is behind on support payments. While they are often discussed together, they are treated as separate rights—one belonging to the child (support) and the other being a parental right (visitation), unless a court deems the father unfit.