“Dear IBP,
Mayroon po akong anak sa ex ko at hindi po kami kasal,8 yrs old na po yung anak ko.Nawalan po kasi ako ng trabaho dahil pandemic,ngayon hiningan ko po ngsuporta yung tatay s anak namin,kasi dati po wala suporta yung tatay nya,halos inabot po ng dalawang taon.Last year po nagsupport naman po siya ng 1k,Nov.2020,tpos nito pong July lang naulit at 1k po ulit. Ngayon po gusto ko po sana magpagawa ng demand letter s barangay namin,kaso sabi po ng ex ko gusto dw po niya makasiguro kung sakanya ung bata, ipaDNA test daw po nmin pero nakapirma po siya s birthcertificate ng bata.sknya po nkaaplido ung bata.bago dw po siya magsustento, ipaDNA test dw ung bata kaso wla nmn siya pangpaDNA test. saka tanung ko n din po sna kung magdemand po ako ng amount ng sustento may karapatan po b ako?and paano po kung nsa manila siya at hindi nya kayang pirmahan ung demand letter?pde po b magulang nya ang pumirma nlng?”
The Distressed Mother
Dear Distressed Mother,
Every family is considered the basic unit of society and, therefore, our laws ensure that protection is given to every family. It is the policy of the State to promote the family as a foundation of the nation, strengthen its solidarity and ensure its total development. Consequently, laws were created in order to ensure the welfare of the children in general
On the one hand, the Family Code mandates fathers or parents to support their illegitimate children legitimate and illegitimate children. Considering that your ex has already acknowledged your child by signing his name as the father in the Birth Certificate, I do not see the need to have a compulsory DNA test done before your ex should provide support to your child because under Article 194 of the Family Code, a biological child is automatically entitled to support. Thus, the law is clear: fathers should provide support to both their legitimate and illegitimate children to all those which are indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.
Please note, however, that this support must be proportional to the resources or means of the giver and the necessities of the recipient (Art 201 of the Family Code). Thus, if the father earns minimum wage, he cannot be obliged to support more than that which he earn. Conversely, the father and mother may agree on the amount and the manner or payment, or in case of disagreement, the court will decide the matter based on the appropriate provisions of the Family Code.
On the other hand, under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, there are specific offenses which can be committed by the father against his child especially if he refuses to give support. This offense can be covered under the economic abuse wherein there is a denial of financial support. If this is your case, then under Section 8 (g) of such law, you may file a protection order directing the father to provide support for your child. This is what is known as salary garnishing wherein a percentage of the income or salary may be withheld by the employer and automatically remitted to the woman.
Accordingly, considering that filiation has already been proven through the birth certificate, your ex has already admitted his filiation with your child; thus, as provided under Article 176 of the Family Code, your (illegitimate) child has every right to use the surname of his/her father and shall be under your parental authority as the mother. Your child is automatically entitled to support in conformity with the Family Code and should your ex question such filiation, he may institute the an action to prove non-filiation instead of demanding such DNA exam during his lifetime instead.
The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. For more information and for further queries, you may contact the Legal Aid Office of the Integrated Bar of the Philippines Davao City Chapter at ibpdavao@gmail.com.
