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BEN-HUR NEPOMUCENO Vs.
ARHBENCEL ANN LOPEZ, represented by her mother ARACELI LOPEZ, G.R. No. 181258, March 18, 2010
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“x x x.
The relevant
provisions of the Family Code[1]
that treat of the right to support are Articles 194 to 196, thus:
Article 194. Support compromises everything indispensable for
sustenance, dwelling, clothing, medical attendance, education and
transportation, in keeping with the financial capacity of the family.
The
education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include
expenses in going to and from school, or to and from place of work.
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 the full or half-blood.
Article 196. Brothers and sisters not
legitimately related, whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article 194, except only
when the need for support of the brother or sister, being of age, is due to a
cause imputable to the claimant's fault or negligence. (emphasis and underscoring supplied)
Arhbencel’s demand for support, being
based on her claim of filiation to petitioner as his illegitimate daughter,
falls under Article 195(4). As such, her
entitlement to support from petitioner is dependent on the determination of her
filiation.
X x
x.”
