In the Philippines, the rights of unmarried mothers to claim child support are grounded in the Family Code of the Philippines and the Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act). Under Philippine law, children born out of wedlock are classified as "illegitimate," but they are entitled to the same basic right to support as legitimate children.

I. Legal Basis for Support

The primary legal basis for claiming support is Article 194 of the Family Code, which defines support as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

Compulsory Support: Parents are legally obligated to support their illegitimate children.
Parental Authority: Under Article 176, illegitimate children are under the sole parental authority of their mother. However, this does not absolve the father of his financial obligations.

II. Pre-requisites for Claiming Support

Before an unmarried mother can legally demand support, the filiation (the biological relationship between the father and the child) must be established. Support cannot be compelled if the father does not legally acknowledge the child. Filiation can be proven through:

The Record of Birth: The father’s signature on the child's Birth Certificate.
Admission of Paternity: A public document or a private handwritten instrument signed by the father acknowledging the child.
Open and Continuous Possession of Status: Evidence that the father has treated the child as his own (e.g., providing previous support, introducing the child as his to the community).
DNA Testing: If the father denies paternity, the court may order a DNA test to confirm biological ties.

III. Extent and Amount of Support

There is no "fixed" amount for child support in the Philippines. According to Article 201 of the Family Code, the amount is determined by two factors:

The necessities of the child: The actual cost of living, schooling, and medical needs.
The means of the giver: The father’s income, properties, and financial capacity.

Note: Support is "variable." It can be increased or decreased by the court if the child's needs increase or the father’s income changes.

IV. Legal Remedies for Non-Payment

If a father refuses to provide support despite established filiation, the mother has several legal avenues:

1. Civil Action for Support

The mother can file a Petition for Support in the Family Court. The court can issue a "Support Pendente Lite," which requires the father to provide immediate support while the case is ongoing.

2. Criminal Case under R.A. 9262

Economic abuse is a form of violence under the Anti-Violence Against Women and Their Children Act. Depriving a child of financial support is considered a criminal act.

Penalty: Fines and imprisonment.
Protection Orders: The court can issue a Permanent Protection Order (PPO) which may include a provision for the "automatic deduction" of support from the father's salary.

3. R.A. 8972 (Solo Parents' Welfare Act)

As amended by R.A. 11861, unmarried mothers are entitled to government benefits, including "Solo Parent" ID cards, which provide discounts on basic commodities, medicine, and school supplies, acting as a supplement to the father's support.

V. Key Rules to Remember

Demand is Necessary: Legally, support is only due from the time a demand (extrajudicial or judicial) is made. It is crucial to send a formal demand letter through counsel before filing a case.
No Waiver: The right to receive future support cannot be waived or compromised. A mother cannot sign a contract saying she will never ask for support in exchange for a one-time payment.
Back Support: Generally, you cannot claim support for years that have already passed if no demand was made during those years. Support starts from the moment of demand.

Summary Table: Support Components

Category	Included Items
Sustenance	Food and nutritional requirements.
Education	Tuition, books, and school-related expenses until completion.
Health	Medical check-ups, medicines, and hospitalization.
Shelter	Housing or a portion of the rent/utilities.
Clothing	Basic clothing and footwear.