8/31/2014

Right to support of illegitimate child arises if father recognizes child - The Manila Times OnlineThe Manila Times Online

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Home Legal Advice DearPao Right to support of illegitimate child arises if father recognizes child

Right to support of illegitimate child arises if father

recognizes child
July 12, 2013 9:10 pm

by Persida Acosta

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153

Tw eet

Dear PAO,
I am pregnant and the father of my child is a married man.
Can I compel him to financially support our child once he is
born? Can I also seek reimbursement from the father for all
the expenses that I incurred during the pregnancy once my
child is born?
Anon
Dear Anon,
The Manila Times

Upon his birth, your child shall be considered as an illegitimate

Persida Acosta

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child because you are not married to his father (Article 165,
Family Code of the Philippines). Under our laws, both the
legitimate and illegitimate child shall have the right to receive

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financial support from their parents (Article 195, Family Code of the Philippines). But unlike
a legitimate child who is automatically entitled to support, an illegitimate childs right to
support shall only arise if he was recognized by his father as his illegitimate child.
An illegitimate child may establish his illegitimate filiation in the same way and in the same
evidence as a legitimate child (Article 175, id.). These are the following: 1) record of birth

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appearing in the civil register or a final judgment; and 2) an admission of illegitimate filiation
in a public document or a private handwritten instrument and signed by the parent
concerned. In the absence of the foregoing evidence, illegitimate filiation shall be proved by:

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1) open and continuous possession of the status of a legitimate child; or 2) any other means
allowed by the Rules of Court and special laws (Article 172, Family Code of the Philippines).

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Once your child is born, you may ask his father to recognize him as his illegitimate child by

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accomplishing the Affidavit of Acknowledgment/ Admission of Paternity found at the back of

his birth certificate. If your child has been recognized by his father, he shall have the right to

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@RobertaDuarte34

receive financial support from him. However, if the father of your child unjustly refuses to

recognize your child, you may seek redress from the court by filing a petition for compulsory
recognition and support.
The obligation to give support is considered demandable from the time the person who has
a right to receive the same needs it for maintenance but it shall only be paid from the date
of judicial or extra-judicial demand (Article 203 of the Family Code of the Philippines).

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Accordingly, since your childs right to support shall arise only after he was duly recognized

http://www.manilatimes.net/right-to-support-of-illegitimate-child-arises-if-father-recognizes-child/18346/

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8/31/2014

Right to support of illegitimate child arises if father recognizes child - The Manila Times OnlineThe Manila Times Online

by his father once he is born, he shall only be entitled to support from the time that you
have actually made a judicial or extra-judicial demand for support from the father. Hence,
you cannot demand from the father to reimburse you of the expenses that you incurred
before your child was born.

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In addition to the right to support, a recognized illegitimate child shall also have the right to
use the surname of his father (Section 1, RA 9255), and the right to inherit from him through
succession (Article 887, Civil Code of the Philippines).
We hope that we were able to answer your queries. Please be reminded that this advice is
based solely on the facts you have narrated and our appreciation of the same. Our opinion
may vary when other facts are changed or elaborated.
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3 Responses to Right to support of illegitimate child arises if

father recognizes child
maria says:
August 7, 2013 at 10:46 pm

I would like to ask if this is ryt..my husband has 3 children..they let my husband
signed a compromised agreement to support the children with
10,000/month..we are married and already had 2 child..my husbands salary is
20,000/month..pls help us.thank u!

maricar fuentes says:

August 7, 2013 at 7:13 pm

an illegitimate child has the right to demand to increase the support given by
his father? because he gave only 1,000.00 pesos a month and it is absolutely
not enough to sustain the needs of the child. And he is earning minimum
wage.

maria says:
August 8, 2013 at 3:16 pm

I think u didnt read it well..its 10,000/month..do u think this is too

much..

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Right to support of illegitimate child arises if father recognizes child - The Manila Times OnlineThe Manila Times Online

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