Wednesday, January 7, 2015

Who are obliged to support each other

BEN-HUR NEPOMUCENO Vs. ARHBENCEL ANN LOPEZ, represented by her mother ARACELI LOPEZ, G.R. No.  181258,  March 18, 2010



          “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.”

[1]      Executive Order No. 209 as amended.