Support | Marriage | FAMILY CODE

CIVIL LAW > III. FAMILY CODE > A. MARRIAGE > 9. SUPPORT

Under Philippine law, the concept of support within the Family Code is vital to the marital and familial relationship, covering the duty of spouses to provide for each other and, by extension, their family members in need. This obligation is essential to marriage and to protecting family members who require sustenance.

I. Legal Framework for Support

The Family Code of the Philippines defines "support" as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. This requirement applies to relationships by blood and, specifically here, to spouses within a marriage.

II. Types of Support

Support within marriage and family relations covers the following:

1. Food, Clothing, and Shelter
   The primary obligation is to provide essential needs for survival, including food, appropriate clothing, and adequate shelter.

2. Medical Needs
   Support includes reasonable medical expenses for healthcare necessary to maintain health, which is particularly relevant during illness.

3. Education and Instruction
   In cases where family members are still minors or are studying, support must also include educational expenses until the point when such members are capable of sustaining themselves.

4. Transportation
   The Family Code acknowledges transportation costs necessary for basic family life and livelihood.

III. Persons Entitled to Support

Under Article 195 of the Family Code, the following individuals are entitled to support, and this duty is shared among members of the family who have the means to provide such support:

1. Spouses
   A primary obligation exists between spouses to support each other based on the financial resources available.

2. Descendants and Ascendants
   Support is due to direct descendants and ascendants, including children, grandchildren, and parents.

3. Siblings, Whether Full or Half-Blood
   When there is a need and capability to provide, siblings may also be entitled to support.

IV. Amount and Nature of Support

The amount of support is governed by two considerations:

1. The needs of the claimant for support.
2. The means of the person who is bound to give support.

Support is to be given in proportion to the need and resources available, and it may be reduced or increased depending on the financial circumstances of both parties.

V. Modes of Providing Support

1. Payment of a Fixed Sum
   The obligor may provide a monthly or periodic payment of support.

2. Providing Support In-Kind
   The Family Code allows for the direct provision of support in kind, such as providing a place to stay, food, or direct educational services, as long as this meets the needs of the recipient.

VI. Demandability of Support

The right to support can be demanded at any time, provided there is an immediate need. Support is typically paid in advance but can also be given through court order, particularly if the party required to provide support refuses to do so voluntarily.

VII. Liability for Non-Compliance

Failure to provide support constitutes a violation of marital and familial obligations under the Family Code and can lead to judicial intervention.

VIII. Extinguishment of Support Obligation

The duty to provide support may cease in certain circumstances:

1. Death of either the person receiving support or the provider.

2. Incapacity of the Recipient to Require Support
   If the recipient gains the capacity to sustain themselves, the obligation may be reassessed.

3. Loss of Means by the Provider
   If the individual obligated to provide support loses the ability to fulfill this duty (e.g., due to financial disaster or incapacity), the support may be adjusted or temporarily suspended.

IX. Special Rules and Case Law Considerations

The Philippine courts have interpreted the support provisions of the Family Code to ensure equitable and just outcomes, emphasizing fairness, proportionality, and practicality. Courts have ruled that support should meet realistic standards of sustenance, giving due consideration to the financial capability of the provider and ensuring the minimum needs of the recipient.

Summary

The Family Code of the Philippines imposes a strict duty of support among family members, with spouses having a primary obligation to one another. The law recognizes the essential needs of life, such as sustenance, health, and education, as integral to the marital support duty. This obligation is enforceable by law and can be adjusted by courts according to the parties' needs and financial circumstances. The Family Code thus ensures that support within marriage and family remains a priority in Philippine law, aimed at protecting family welfare and dignity.