Letter to Attorney
Dear Attorney,
I am writing to seek advice regarding a concern about my father, who is currently living abroad. He left the Philippines and has not provided financial support to our family ever since. He has a new family in another country, but his legal wife (my mother) and their children remain in the Philippines. My mother is his legitimate spouse, and we, their children, are all legitimate.
We have been struggling because of his absence and the lack of financial support, and we would like to know what legal actions we can take to compel him to fulfill his obligation to provide for us. What rights do we have under Philippine law, and what steps should we take in this situation?
Thank you for your assistance.
Sincerely,
A Concerned Family Member
Legal Analysis: Obligations of a Parent Who Fails to Provide Support Under Philippine Law
In the situation described, several legal issues arise that pertain to the rights of the legal wife and legitimate children, particularly regarding the husband’s obligation to provide financial support. Under Philippine law, a parent’s obligation to provide financial support is rooted in family law principles that aim to ensure the well-being of legitimate family members, even if one parent lives abroad and has started a new family.
This article will explore the following key aspects of the legal situation: (1) the legal obligations of a parent to provide support to legitimate family members, (2) the rights of the legitimate wife and children to demand support, (3) the remedies available under Philippine law when support is not provided, (4) the impact of a parent starting a new family abroad, and (5) possible legal strategies to pursue support across jurisdictions.
1. Legal Obligations of a Parent to Provide Support
Under the Family Code of the Philippines, one of the basic obligations of parents is to provide financial support to their legitimate children and spouse. This duty is absolute and continues even if the parent resides abroad or has formed a new family.
Article 194 of the Family Code defines support as encompassing everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. This means that support is not limited to mere sustenance but includes educational and health needs, among others.
Further, Article 195 expressly states that the legitimate ascendants and descendants (parents and children), as well as spouses, are obliged to support each other. The duty of support is reciprocal; however, the most pressing concern here is the father’s obligation to provide support to his children and wife. This obligation remains regardless of his location or marital situation abroad.
2. Rights of the Legal Wife and Legitimate Children to Demand Support
In the context of the father’s failure to provide support while residing abroad, the legitimate wife and children have every right to demand continued financial assistance. Article 196 of the Family Code provides that the amount of support shall be proportionate to the resources or means of the giver and to the necessities of the recipient.
The law also provides that the obligation to support remains as long as the child is in need of it for education and development, even beyond the age of majority if the child is still studying. As for the wife, the obligation continues for the duration of the marriage, unless she is declared legally separated or the marriage is annulled.
It’s important to note that the father’s failure to provide support could constitute economic abuse under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004. Economic abuse includes the withdrawal of financial support, which results in controlling or restricting the victim’s economic resources. The legitimate wife may file a case under this law if the father’s failure to provide has caused undue hardship.
3. Remedies Available Under Philippine Law
When a parent fails to provide support, the Family Code and other relevant laws grant several remedies to compel compliance.
a. Filing a Petition for Support
The legitimate wife or children may file a Petition for Support under the Family Code. This petition is a judicial action that compels the father to fulfill his obligation to provide financial support. The petition must be filed in the Family Court with jurisdiction over the place of residence of the wife and children. The court may order the father to pay a fixed monthly support amount based on his financial capacity.
In some cases, the court can issue provisional orders for support while the case is pending. This is an important mechanism to ensure that the family’s needs are met during the litigation process.
b. Criminal Action under the Anti-Violence Against Women and Their Children Act (RA 9262)
As mentioned earlier, the Anti-VAWC law provides a powerful remedy for wives and children who experience economic abuse. Under RA 9262, economic abuse includes denying or withdrawing financial support, and a criminal complaint can be filed if this causes undue suffering or hardship. The punishment for such offenses includes imprisonment and fines, which may deter the father from neglecting his financial obligations.
The law also allows the filing of a Protection Order to prevent further economic abuse, which could include provisions for mandatory financial support from the father. Temporary and permanent Protection Orders may include orders for child support and spousal support.
4. The Impact of the Father Starting a New Family Abroad
The fact that the father has started a new family abroad complicates but does not nullify his obligation to support his legitimate family in the Philippines. Under Philippine law, the legal wife and legitimate children are given preferential rights over any subsequent families formed abroad. This means that the legitimate wife and children have the primary claim to the father’s resources.
While the father may argue that his new family requires financial support, this does not absolve him of his responsibility to his legitimate family. He remains legally obligated to provide proportionate support based on his means, and any failure to do so may subject him to legal consequences both in the Philippines and potentially abroad.
5. International Enforcement of Support Obligations
If the father is residing in a country with which the Philippines has an international treaty or agreement on support enforcement, it may be possible to enforce a Philippine court’s support order abroad. The Philippines is a party to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which allows for the recognition and enforcement of child support orders across borders.
Through this mechanism, once a support order is obtained in the Philippines, the wife or children may request assistance from the foreign government in enforcing the order against the father’s income or assets in the country where he now resides. This would involve cooperation between Philippine authorities and the authorities in the foreign country, typically through the Department of Foreign Affairs (DFA) or the Philippine Embassy.
If the country where the father resides is not a party to this Convention, enforcing the order becomes more difficult, but not impossible. The assistance of the DFA and private international law experts may still facilitate efforts to compel support.
Conclusion: Legal Steps for the Legitimate Family
The legal avenues available to the legitimate wife and children are comprehensive. They can pursue civil remedies such as a Petition for Support under the Family Code or file a criminal complaint for economic abuse under RA 9262. The legitimate family’s rights are clear under Philippine law, and the father’s departure abroad and new family do not diminish his obligations.
It is advisable for the legitimate wife and children to engage legal counsel to assist in pursuing these remedies, particularly in complex cases involving international elements. Given the availability of provisional remedies, such as temporary support orders or protection orders, immediate relief can be sought even while the full case is ongoing.
Ultimately, the Philippine legal system provides robust mechanisms to protect the rights of legitimate families, and these should be utilized to ensure that the father fulfills his continuing obligation to support his wife and children.
By being proactive and pursuing legal action, the legitimate family stands a strong chance of receiving the support they are entitled to, despite the father’s absence and new life abroad.