Legal Support for the Child and R.A. 9262

Through all the family cases that we have handled, we have come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it is easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.

It should not be as complicated, but reality makes it so. Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other:

• (1) The spouses;

• (2) Legitimate ascendants and descendants;

• (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

• (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;

• (5) Legitimate brothers and sisters, whether of full or half-blood; and

• (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall 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.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

If you are a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. [See Laws on Child Support in the Philippines]

Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.

Atty. Fred Pamaos is a member of P&L Law (click on photo/name for profile). No legal advice is given in this forum. For other questions, use the "Contact Us" link.

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1. Laws on Child Support in the Philippines
2. Rule on Violence Against Women and their Children (A.M. No. 04-10-11-SC)
3. Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262): Full Text

762 thoughts on “ Legal Support for the Child and R.A. 9262 ”

1. shastaFebruary 6, 2007 at 3:51 pm Sir,
   A blessed evening. I am married to a military officer who resigned from the AFP and now working as a permanent employee of the United Nations. We separated in 2002,our daughter was then 11 months and the AFP placed my daughter in an allotment scheme.For two years, we received child support from him until his resignation sometime in January 2005. I sought assistance from his military officers who summoned my husband to come back and provide a concrete plan of action.
   He promised to give us his resignation benefits but after he was officially resigned from the service, he backed out from our agreement.
   As I write this letter, the AFP headquarters cannot release the 50% resignation claims to us. He also witheld from me his whereabouts and his capacity to financially support our daughter, now 5 years old. A colleague of his took pity on our plight and gave the information, he now holds a permanent post as a UN employee based in Sudan. He said the rest is up to me. My questions would be:
   -can I write the UN about my husband’s non-support?
   – would this case merit their attention? I am in such financial difficulty right now and I am hoping that your answer can somehow spring some hope in me. My deepest gratitude,

1. JayMay 25, 2016 at 10:46 am I am a seaman..i have 2 kids in my previous live in partner..we been seperated for almost 12 years from now…she take a way the kids and bring theme to other country she get married there…i never had a chance to meet my kids then…but this aug 8 . 2016 she ask me to meet the kids after long years…and now she is asking money for the kids…im legally married now and i have 1 daughter…how much should i give. And can i file a against this person.