Concern in English:

For nearly six years, the father of my three children has not provided any financial support. He is a businessman, and we were together for 11 years. Although we were married in a church, we were not legally married. After he impregnated another woman, we separated. Since then, he has not sent even a peso for our children. I have no church marriage documents because I could not retrieve them, and I am the sole provider for our children.

∇ Legal Contemplator

Foundational Observations

Nature of Relationship: The relationship in question lasted for 11 years and was solemnized through a church ceremony but not registered as a civil marriage. This distinction is crucial because, under Philippine law, a church wedding is not legally binding without civil registration.
Parental Responsibility: Regardless of marital status, the father’s obligation to support his children remains under Article 195 of the Family Code of the Philippines, which mandates that parents provide support for their legitimate and illegitimate children.
Current Issue: The father has not provided financial support for nearly six years, leaving the mother as the sole provider. This raises the question of how to compel him to fulfill his parental obligations.

Step 1: Establishing Rights Despite the Lack of Legal Marriage

This lack of legal marriage creates ambiguity regarding the rights of the mother but not the children. The children’s entitlement to support is unequivocal, whether they are considered legitimate (if the church marriage is recognized in some manner) or illegitimate (if it is not).

Legitimate or Illegitimate Children? This hinges on whether the church wedding has any semblance of validity. While unregistered church marriages are not considered valid under Philippine law, it could still imply an acknowledgment of the relationship. If the father acknowledged the children during the relationship, legitimacy might still be presumed. But for now, let’s consider them illegitimate, as that seems more likely given the absence of civil registration.
Does illegitimacy weaken their claim? Not at all. Illegitimate children have the same rights to support under Article 195. What’s needed is evidence of paternity.

Step 2: Proving Paternity and Relationship

Without marriage documents, the claim depends on proof that the man is the biological father.

What proof exists? The children’s birth certificates are critical. If the father’s name is on their birth certificates, it establishes a presumption of paternity.
- If his name is not on the certificates, additional steps will be necessary, such as DNA testing or other forms of evidence, such as public acknowledgment during the relationship.
- If his name is on the certificates, the legal battle becomes simpler.
Acknowledgment during the relationship: Evidence such as photographs, messages, or witnesses who can attest to the father’s acknowledgment of the children can also strengthen the case.

Step 3: Legal Actions to Compel Support

If paternity can be established, several legal remedies are available.

Filing a Petition for Support: The first step is filing a petition for child support under Article 203 of the Family Code. This will require:
- Evidence of paternity (birth certificates, DNA tests, or acknowledgment).
- Proof of the father’s financial capacity (business records, income declarations, etc.).
This petition can be filed in the Family Court of the jurisdiction where the children reside.
Alternative Approaches: Before filing, it might be worth sending a demand letter through a lawyer. Sometimes, this step alone can pressure the father into fulfilling his obligations.

Step 4: Challenges of Enforcing Child Support

Even with a court order, enforcement can be challenging if the father resists compliance.

What if he refuses to pay? The court can garnish his income, seize assets, or impose penalties, including imprisonment for willful neglect under RA 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act).
What if he hides his income or assets? Investigating his financial status will be necessary, possibly through subpoenas of business records or bank accounts.

Step 5: Addressing the Absence of Documents

No Church Marriage Documents: This complicates proving the nature of your past relationship but does not affect the children’s right to support. Focus on their birth certificates and other evidence of paternity instead.
No Legal Marriage? The lack of civil marriage matters only if you are also pursuing spousal support or other marital claims. Since this concern focuses on child support, the absence of a legal marriage is secondary.

Broader Considerations

What if the father claims inability to pay? The court will evaluate his financial capacity. As a businessman, it is likely he has assets or income streams, which the court can assess.
New Partner and Child: His new family obligations do not negate his duty to your children. The court may consider this but will prioritize the needs of all his children.
Time and Costs of Legal Action: Legal proceedings can be time-consuming and costly. Ensure you have the necessary resources or consider seeking free legal aid through organizations like the Public Attorney’s Office (PAO).

Uncertainties and Next Steps

I wonder about the father’s financial details. Without this information, it’s hard to gauge how successful enforcement will be.
I also question whether the father’s acknowledgment of the children can be conclusively proven. Birth certificates would simplify this, but other evidence might suffice.

Final Thoughts

The path forward involves gathering as much evidence of paternity as possible, filing a legal petition for support, and exploring enforcement mechanisms. While the lack of a legal marriage complicates matters, it does not affect the children’s entitlement to support. Persistence, evidence, and legal action are key to ensuring their rights are upheld.