Rights Of Illegitimate Child

[wondermomma]

I am a newbie here and this is my first post. I have a daughter who is 10 years old now. Napakalaki ko naman siya ng maayos.Sad to say she is an illegitimate. Possible kaya makahingi ako ng suporta sa tatay nya? It's been 10 years din na walang support ang father. Anong hakbang ang pwede kong gawin? Wala akong balita or idea paano ako makikipagugnayan. Though there are people I know na pwedeng lapitan but for the sake of "privacy", hindi ko magawa.

Sana may makatulong sa akin.I really need some advices. TIA!

[queenamina]

Hi wondermomma,

Even as an illegitimate child, your daughter has the right to receive financial support from the father but unlike a legitimate child who is automatically entitled to support, an illegitimate child has to be recognized as such by the father or prove that she is indeed an illegitimate child. To prove your daughter's illegitimate filiation the following may be used (Article 175, Family Code): 1) record of birth appearing in the civil register or a final judgment; and 2) an admission of illegitimate filiation in a public document or private handwritten instrument and signed by the father. So basically the first step is for the father to recognize that the child is his. If he unjustly refuses, you may seek redress by filing a petition in court for compulsory recognition and support.

This advice is given solely on the facts presented. Other factors or issues undisclosed may affect the advice. You should consult a family lawyer to help you with your case.

[kath103084]

same situation:

I have a 4 year old daughter. Not married with the guy but he signs the acknowledgement sa b.cert ni baby. I am the one who requested for the separation and since then ayaw na nya magbigay ng sustento, It's been four years na. I've tried but he refused. Valid bang reason nya?
"ikaw ang nakipaghiwalay so meaning kaya mo, di mo mapapakinabangan pera ko."
I know kaya ko pero alam ko dapat kahit papano may bigay din siya kahit ako nakipaghiwalay .

May mga anak din siya sa iba kaya ako nakipaghiwalay although hindi siya married dun sa girl.. And also upon knowing that I just fell out of love with a snap of a finger... :-)

[chocolate]

^ hindi tama yung contention niya.

You can file an action for support dun sa daughter niyo.

According to Phil. Civil Code

Art. 282. A recognized natural child has the right:

(1) To bear the surname of the parent recognizing him:

(2) To receive support from such parent, in conformity with article 291;

(3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)


Art. 291.  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 acknowledged natural children and the legitimate or illegitimate descendants of the latter;

(4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;

(5) Parents and illegitimate children who are not natural.

[beigh]

@sis Chocolate, Pwede po ba paki explain further? I have a 10 year old daughter that bears my surname kasi hiwalay na kami ng father niya even before ako mag give birth sa kanya. Wala na kami communication now and I'm very much contented with my family right now. But still, I wonder, what magiging buhay ng anak ko kung masusustentuhan siya ng real father niya? Baka mapag aral ko pa siya sa private school, nabibigay ko mga pangangailangan niya, but not mga "luho" niya. As a mother, I think I need to do something. Is there any chance that I can ask for his support? as in sustento?

[chocolate]

^ Yes sis.

Pero as sis queenamina already explained, dapat muna i-recognize nung father yung daughter niyo. Kapag nirecognize na niya, you can directly ask him for present and future support. Kung tumanggi siya, you can file an action for support sa court. Yung action for support is a civil case. It is filed in the family court (RTC) where you or your father's daughter resides at your option.

[jojo2978]

Add ko lang sisses, if ayaw irecognize ng father yung bata pwede naman isabay yung petition for filiation  sa petition for support.

[beigh]

thanks sa reply mga sisses, pag nag file ako it means ba i must have my own lawyer?or meron yung public lawyer na mababa lang ang fee?baka kasi mas mahal pa gastos kesa sa mabibigay na support eh wag na lang, hassle pa noh?

[chocolate]

Sis dapat meron kang lawyer. Pwede naman pumunta sa pao kung hindi kaya ang retainer ng private lawyer.

[sexykha]

yes, it is the right of the child to receive financial support from the father but please also take note that we cannot oblige the father if he does not have any means to do the support.