Family Code imposes obligation to provide support

Dear PAO,
My mother died of stroke last January 2010. She spent two months in a public hospital and suffered a lot. We could not bring her to a private hospital because my brother and I did not have money.

We exerted all efforts to locate our father who went to Ireland. We badly needed financial help for the medical needs of our mother but we could not find him. He used to send us money but he stopped and abandoned us in 2005.

A couple of months ago, my brother and I were surprised to see our father on Facebook. We started communicating with him and everything went smoothly. However, when we asked support from him, he refused to give us any and instead gave us lectures on how difficult life is for him. My brother and I are wondering if we can file a complaint against our father for neglecting our mother. We are also wondering if we have any right over their conjugal properties, given the fact that we are legitimate children and at the time when my mother was very sick, my father did not do anything to help us. I know they have several properties in the province.
Nathaniel

Dear Nathaniel,
Husbands and wives are obliged to support each other and give mutual love and respect. Even if circumstances are sometimes difficult for them, they still need to stand by each other so that they may be able to overcome all obstacles which may come their way. Unfortunately in our present society, there are some marriages which do not work out and families end up separated. But that should not be an excuse for either of the spouses to renege from their obligations to each other as well as their children.

In the situation you have presented before us, you mentioned that your father abandoned your family since 2005 and he refuses to give financial support. It bears stressing that our Family Code imposes the obligation to provide support. Article 195, id, states that, “x x x the following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses; x x x
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; x x x” Accordingly, your father may not deny you of financial support as long as you and your brother need such support for your sustenance, for your education and the like. This is in consonance with the provisions of Article 194, id, which provides that, “Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. x x x” His obligation continues despite the fact that he has been residing in Ireland for many years. However, insofar as your desire to file a complaint against your father for neglecting your mother, we believe that such complaint will not prosper considering that your mother has already passed away. Being the party in interest, she must be the one to file the complaint.

As regards the conjugal properties of your parents, we submit that you and your brother have a right over the portion belonging to your mother as both of you are her heirs. Furthermore, since the conjugal partnership is already terminated by reason of the death of your mother, the properties which she and your father owned should be liquidated. As provided for under Article 130, id, “Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. x x x” But we would like to stress that you may not subject your father’s share to settlement as he is still alive. Nevertheless, his share may be made to answer for the support which you and your brother are entitled to.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. –Persida Acosta, Manila Times

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.