Dear IBP,
Nakikipag hiwalay po kase ako SA. Kinakasama ko……..ask ko po Sana knino po BA. Mapupunta ung 2 bata parehas babae isang 1 yrs old at isang 2 yrs old Sabi po nya kase SA knya po mapupunta ang bata kase po opisyales daw po sya nag tratrabaho po sya kase Sa barangay Purok leader gusto ko po malaman Kung kanino po mapupunta ung 2 bata. Hindi po Kami kasal.
Independent Mother
Dear Independent Mother,
Considering that you have shared that you are not married with your partner, you children are considered illegitimate children and, accordingly, under Article 213 of the Family Code, children under seven (7) years of age are under the parental authority of their mothers and this includes illegitimate children. However, please note that if the state deemed a child unfit to raise her child, you may lose custody rights over your children such as if you neglect or fail to accomplish your parental duties.
Notably, your children as provided under Article 176 of the Family code may use the surname of their father and shall be entitled to support as they are considered his illegitimate children. He may also have visitation rights over his children as elaborated in Briones vs. Miguel, G.R. No. 156343, October 18, 2004 citing Silva vs. Court of Appeals, 275 SCRA 604, 609, July 17, 1997 where the Supreme Court elucidated:
“xxx the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children. Even when the parents are estranged and their affection for each other is lost, their attachment to and feeling for their offspring remain unchanged. Neither the law nor the courts allow this affinity to suffer, absent any real, grave or imminent threat to the well-being of the child.”
Lastly. Although the father is entitled to support his illegitimate child, the only parameters set by our laws is that the support must be in proportion to the resources or the means of the giver and the entitled necessities of the child.
(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.)
