Dear PAO,
I am a widower and almost a senior citizen. My three children are all adults and gainfully employed. I live alone and am suffering from a liver disease that requires constant medication. My meager income and savings can no longer cover my daily needs. I badly need financial support from my adult children, all of whom have stable jobs. Unfortunately, they cut ties with me a few years ago when they discovered that I had a lover shortly after their mother died. I did not want them to learn about my secret relationship.
I now badly need to get some support from my children. I know that I am their father, but does the law allow me to file a case for support against them?
Xyrus
Dear Xyrus,
You are correct. You may ask for financial support from your adult children. This is provided for in the Family Code.
In fact, you may refer to Title VIII of Executive Order 209 (July 6, 1987), otherwise known as the Family Code, which states the following:
“Article 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
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“Article 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) The spouses;
“(2) Legitimate ascendants and descendants;
“(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
“(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
“(5) Legitimate brothers and sisters, whether of full or half-blood.
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“Article 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:
“(1) The spouse;
“(2) The descendants in the nearest degree;
“(3) The ascendants in the nearest degree; and
“(4) The brothers and sisters.”
In the case of Perla G. Patricio v. Marcelino G. Dario III, et al. (GR 170829, Nov. 20, 2006), which was penned by Associate Justice Consuelo Ynares-Santiago, the Supreme Court characterized support as follows:
“Legal support has the following characteristics: (1) It is personal, based on family ties which bind the obligor and the obligee; (2) It is intransmissible; (3) It cannot be renounced; (4) It cannot be compromised; (5) It is free from attachment or execution; (6) It is reciprocal; (7) It is variable in amount.”
From the foregoing, the law clearly provides that parents and their children, even other ascendants and descendants, are obliged to support each other. This obligation is both personal and intransmissible. As such, you may ask your children for medical assistance and other necessities in your old age. If they refuse to voluntarily give you support, you may file a petition for support against them to compel them to provide you with some financial assistance.
We hope that we were able to answer your queries. This advice was 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.
Thank you for your continued trust and support.
