SUPPORT
Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the
family (Art. 194, FC).
Factors considered in determining the support to be awarded?
(a) The resources or financial capacity of the family or the giver;
(b) The indispensable needs of the recipient.
Support can be reduced or increased proportionally, according to:
(a) The reduction or increase of the necessities of the recipient; and
(b) The resources or means of the person obliged to furnish the same.
Persons obliged to support each other?
The following persons are obliged to support each other:
(a) The spouses;
(b) Legitimate ascendants and descendants;
(c) Parents and their legitimate children and the legitimate and illegitimate children of
the latter;
(d) Parents and their illegitimate children and the legitimate and illegitimate children
of the latter;
(e) Legitimate brothers and sisters, whether of full or half-blood.
Period to give support
Under the Philippine laws, the obligation to give support shall continue until the child in
question reaches the age of majority, which is eighteen (18) years old. (Section 3 of
Republic Act 6809). Support for education of the one being supported may continue even
beyond the age of majority. (Article 194 of the Family Code of the Philippines)
Limit for support for education?
The education of the person entitled to be supported will also 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.
Form of support
The person obliged to give support has two options:
(a) Paying the allowance fixed or;
(b) Maintaining the one entitled to receive support in his dwelling.
(Article 204 of the Family Code of the Philippines)
The latter alternative cannot be availed of in case there is a moral or legal obstacle
thereto.
Examples of these moral or legal obstacles?
Some examples of moral or legal obstacles are:
(a) When the recipient is an illegitimate child and the person obliged to give support is
legal married to a woman who is not the mother of the child. (Pascual v, Martinez, C.A.
37 O.G. 2418)
(b) When the father has been shown to have previously maltreated the child
severely. (Pascual v. Martinez, C.A. 37 O.G. 2418)
(c) When the wife is maltreated for refusing to perform unchaste acts with the
husband (Goitia v. Campos Rueda, 35 Phil. 576)
(d) When the father has been criminally guilty of seduction (U.S. v. Alvir, 9 Phil. 576)
(e) When the wife cannot live with the husband and her mother-in-law because of
constant quarrels arising from in-law relationship (Del Rosario v. Del Rosario, C.A. 46
O.G. No. 12, p. 6122)
Support of illegitimate children
Under the Philippine law, parents and their illegitimate children and the legitimate and
illegitimate children of the latter are obliged to support each other. (Article 195 of the
Family Code of the Philippines)
Requirements for an illegitimate child to receive support from their biological
parent?
If the child had been recognized by his father, he is entitled to support. But if he is an
unrecognized child, relationship between the child and the father must first be proved.
Once paternity has been proved, only then the child is entitled to child support from the
father.
Parents are also entitled to support
The parents and their children and legitimate/illegitimate children of the latter are
required by law to support each other. (Article 195 of the Family Code of the Philippines)
If marriage is annulled, the right to receive support is extinguished
Once the marital bond has been severed, the obligation to support one’s spouse ceases.
This is due to the fact that only those who are husband and wife are required to render
mutual help and support to each other.
Support in case of adultery
The wife who committed adultery loses the right to support. (Quintana v. Lerma, 24
Phil. 285)
However, mere allegation that the wife has committed adultery will not bar her from
the right to support pendente lite. The alleged adultery of the wife must be established by
competent evidence. (Reyes v. Ines-Luciano, 88 SCRA 803)
If both of us were both unfaithful?
The right to support remains. (Almacen v. Baltazar 103 Phil. 1147)
Support be transmitted to third persons?
No. The right to support cannot be
(a) Renounced;
(b) Transmitted to third persons
(c) Or compensated with what the recipient owes the obligor.
(Versoza v. Versoza, G.R. No. L-25609. November 27, 1968)
The death of the child extinguishes the right to support.
The mother of the child cannot receive the support of the said child. The death removed
the only valid cause for the judgment of support, and the lower court has rightly held
that respondent’s obligation ceased with that eventuality. (Malabana v. Abeto, 74 Phil.
13)