FREE LEGAL ADVICE IN DEAR PAO COLUMN

Dear PAO,

I would like to consult you on how I could compel the father of my son to give support to our son. We are not married but my son was acknowledged by his father. I already filed a complaint before the barangay and we had agreed that he would give monthly financial support to my son. My problem is after signing the agreement he did not bother to comply with what was agreed upon.

Ms. Libra Dear Ms. Libra,

The obligation of a father to give support to his illegitimate child is mandatory. This is what Article 195 of the Family Code of the Philippines provides. Thus, whether there is an agreement or not, the father of your son is obliged to give support to him.

As defined by law, support compromises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and trans- portation, in keeping with the financial capacity of the family (Article 194, Family Code of the Philippines).

You may demand support as soon as the same is needed by your son. You may do this by sending a demand letter to him or file a case in court for the same.

Insofar as your agreement with the father of your son before the barangay is concerned, the same may be enforced by the barangay within six (6) months from the date of the settlement. After which, the settlement may be enforced by filing an appropriate action in court (Section 417, Republic Act 7160).

However, if the support agreed upon is not anymore commensurate to the need of your son and his father is capable of providing, you may ask for a bigger amount of support from the latter. This is because support is determined not only on the basis of the needs of the receiver but also of the financial capacity of the giver. Thus, the amount of support may vary from time to time (Article 201, Family Code of the Philippines).

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.