Who are Obliged to Give Support | Support | Marriage | FAMILY CODE

Under the Family Code of the Philippines, support obligations within marriage and family are addressed with specificity in various provisions. Here is a thorough analysis of the relevant laws on who is obliged to give support, as it pertains to Civil Law, particularly under the Family Code.


1. Definition of Support (Article 194)

Under the Family Code, support encompasses all provisions necessary for sustenance, dwelling, clothing, medical attendance, education, and transportation in keeping with the financial capacity of the family. Education includes schooling or training for some profession, trade, or vocation, even beyond the age of majority, and extends to transportation expenses when studying or working elsewhere.

2. Persons Obliged to Provide Support (Article 195)

The Family Code mandates that the following persons are obliged to support each other to the full extent necessary for sustenance:

  1. Spouses – A husband and wife are obligated to support each other. This duty arises from their marital bond and persists throughout the marriage.
  2. Legitimate Ascendants and Descendants – This includes parents and their legitimate children, and vice versa, regardless of age. It also includes grandparents supporting grandchildren and vice versa.
  3. Parents and their Illegitimate Children, and Legitimate Children and their Illegitimate Parents – Even if a child is illegitimate, parents owe them support, and conversely, an illegitimate child may owe support to an illegitimate parent.
  4. Brothers and Sisters, whether of Full or Half-Blood – Siblings are obligated to support each other if they are recognized as such by law and are financially able. However, support can be demanded only when it is genuinely necessary and when the sibling is incapable of self-support due to infirmity, age, or other legitimate reasons.

3. Priority of Support Obligations (Article 199)

If multiple individuals are eligible to provide support, the obligation falls on the following in order of priority:

  • The spouse.
  • The descendants nearest in degree.
  • The ascendants nearest in degree.
  • Siblings, in proper cases.

In circumstances where multiple people can give support, the law prefers those closest in degree of relationship. This prioritization ensures that, for example, a spouse is obligated before children or parents, reflecting the immediate bond created by marriage.

4. Mode of Giving Support (Article 201)

Support can be provided in two ways:

  1. Direct Payment – Support may be given by handing over the financial amount required for sustenance.
  2. Maintenance in Residence – Support may be provided by taking in the person to reside with the provider, assuming their sustenance needs are covered while living together.

The choice of mode generally depends on what is most feasible and appropriate for the circumstances, though courts may intervene to adjust the support mode based on fairness and practicality.

5. Extent of Support Obligations (Article 194 and Article 201)

The extent of support depends on the means of the person obliged to give support and the needs of the recipient. Support should be adjusted to provide adequately without jeopardizing the livelihood or primary needs of the provider. If financial means are insufficient, the person obliged is only required to give what they can afford without imposing undue hardship on themselves or dependents.

6. Effects of Waiver, Rescission, and Suspension of Support Obligations

Under the Family Code:

  • Waiver of Support (Article 203): Any agreement that waives future support is void because it contravenes public policy. No person can contract out of their obligation to support family members, as support is considered a duty of public interest.
  • Rescission and Suspension: The obligation may be adjusted, rescinded, or temporarily suspended if the recipient has committed serious misconduct against the provider or has a history of neglecting familial duties.

7. Modification and Legal Action on Support Obligations (Article 203 and 204)

Family members who are entitled to support may pursue legal action if support is not voluntarily provided. Courts have discretion to determine the amount of support, guided by the provider's financial situation and the needs of the recipient. The law also allows for modification if circumstances change, such as an improvement or deterioration in the financial status of either party.

8. Support in Cases of Separation or Annulment (Articles 198 and 201)

Even in cases of annulment, separation, or dissolution of marriage, spouses continue to owe each other support if there are children involved. After separation or annulment:

  • The innocent spouse or the spouse who is not at fault may demand support from the guilty party.
  • Support for children is required, regardless of marital disputes, to ensure the welfare and basic needs of minors or dependents are met.

9. Support for Minors and Children Born Outside Wedlock (RA 9255, Article 195)

Children born outside of wedlock, including those conceived under illegitimate circumstances, are entitled to receive support from their biological parents. This includes sustenance, healthcare, education, and other essentials, in line with the parent’s capacity to provide.

Parents must support their children until the latter reach majority (18 years old), but this can extend if the child is studying, or has specific health or developmental needs requiring continued care.


10. Relevant Jurisprudence and Amendments Affecting Support

Philippine jurisprudence has reinforced the obligation of family members to support each other, especially in cases involving minors or dependent spouses. The law prioritizes the welfare of children and ensures that even strained or dissolved marital relationships do not impede the right to receive support. Moreover, amendments in recent years have clarified that a child’s best interests always prevail in support cases.


In conclusion, the Family Code meticulously details the obligation of support among family members, underscoring that family welfare, especially the support for children, is paramount. Support is both a legal and moral obligation in the Philippines, emphasizing the role of family members to contribute, protect, and care for one another’s well-being to the extent of their capabilities.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.