Parents mandated to support their legitimate and illegitimate children

Dear PAO,
Greetings!
I have three children born out of wedlock but the father acknowledged them in their birth certificates. Before we were living happily but later on he abandoned us. According to his cousin, he has a new lady. Presently, he is working in Saudi Arabia and I want to ask for financial support from him because our children are now in the elementary level. I want to approach PAO at Biñan, Laguna but please refer me to someone you know in that office who can help me about my problem.

Respectfully yours,
A.C.B.

Dear A.C.B.,
The Family Code of the Philippines likewise provides that:

“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 (290a).

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
(1) xxx;
(2) xxx;
(3) xxx;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) xxx” (Emphasis supplied).

Thus, based on the foregoing, your children are entitled to receive financial support from their biological father. The fact that the father acknowledged your children as his children by signing their respective birth certificates, is sufficient proof of their relationship with one another. Given that, if the father fails or refuses to give financial support to your children, you may then file the appropriate petition for support before the courts.

If you are a qualified resident of Biñan, then you may proceed to our PAO-Biñan, Laguna District Office located at Golden City Subdivision, Canlalay, Biñan, Laguna. The District Public Attorney or the head of the said district office is Atty. Charles G. Fuentes. It is worthy to note that the Public Attorney’s Office (PAO) is mandated to render legal assistance to indigent persons only, except in cases of emergency. To qualify for the free legal assistance rendered by the PAO, please present on your visit to our PAO-Biñan, Laguna District Office, any of the following:

“1. Latest Income Tax Return or pay slip or other proofs of income; or
2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or
3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant” (Section 1, PAO-Memorandum Circular No. 2, Series of 2010, amending Section 3, Art. II of PAO-Memorandum Circular No. 18, Series of 2002).

Again, we find it necessary to mention that the foregoing discussion 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 you were enlightened regarding this matter. –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.