Chapter 3.
Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same
way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in which
case the action may be brought during the lifetime of the alleged parent. (289a) ChanRoblesVirtualawlibrary
Art. 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity
with this Code. The legitime of each illegitimate child shall consist of one-half of
the legitime of a legitimate child. Except for this modification, all other provisions
in the Civil Code governing successional rights shall remain in force. (287a)
TITLE VIII
SUPPORT
Art. 194. Support comprises 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. (290a) ChanRoblesVirtualawlibrary
Art. 105. 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;
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(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;
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(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a) ChanRoblesVirtualawlibrary
Art. 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. (291a) ChanRoblesVirtualawlibrary
Art. 197. In case of legitimate ascendants; descendants, whether legitimate or
illegitimate; and brothers and sisters, whether legitimately or illegitimately
related, only the separate property of the person obliged to give support shall be
answerable provided that in case the obligor has no separate property, the
absolute community or the conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from the share of the spouse
obliged upon the liquidation of the absolute community or of the conjugal
partnership. (n) ChanRoblesVirtualawlibrary
Art. 198. During the proceedings for legal separation or for annulment of
marriage, and for declaration of nullity of marriage, the spouses and their
children shall be supported from the properties of the absolute community or the
conjugal partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases. However, in case of
legal separation, the court may order that the guilty spouse shall give support to
the innocent one, specifying the terms of such order. (292a) ChanRoblesVirtualawlibrary
Art. 199. Whenever two or more persons are obliged to give support, the liability
shall devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
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(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a) ChanRoblesVirtualawlibrary
Art. 200. When the obligation to give support falls upon two or more persons, the
payment of the same shall be divided between them in proportion to the
resources of each.
However, in case of urgent need and by special circumstances, the judge may
order only one of them to furnish the support provisionally, without prejudice to
his right to claim from the other obligors the share due from them.
When two or more recipients at the same time claim support from one and the
same person legally obliged to give it, should the latter not have sufficient means
to satisfy all claims, the order established in the preceding article shall be
followed, unless the concurrent obligees should be the spouse and a child subject
to parental authority, in which case the child shall be preferred. (295a) ChanRoblesVirtualawlibrary
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196,
shall be in proportion to the resources or means of the giver and to the
necessities of the recipient. (296a) ChanRoblesVirtualawlibrary
Art. 202. Support in the cases referred to in the preceding article shall be
reduced or increased proportionately, according to the reduction or increase of
the necessities of the recipient and the resources or means of the person obliged
to furnish the same. (297a) chan robles virtual law library
Art. 203. The obligation to give support shall be demandable from the time the
person who has a right to receive the same needs it for maintenance, but it shall
not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or
when the recipient dies, his heirs shall not be obliged to return what he has
received in advance. (298a) ChanRoblesVirtualawlibrary
Art. 204. The person obliged to give support shall have the option to fulfill the
obligation either by paying the allowance fixed, or by receiving and maintaining
in the family dwelling the person who has a right to receive support. The latter
alternative cannot be availed of in case there is a moral or legal obstacle
thereto. (299a) ChanRoblesVirtualawlibrary
Art. 205. The right to receive support under this Title as well as any money or
property obtained as such support shall not be levied upon on attachment or
execution. (302a)
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Art. 206. When, without the knowledge of the person obliged to give support, it is
given by a stranger, the latter shall have a right to claim the same from the
former, unless it appears that he gave it without intention of being
reimbursed. (2164a) ChanRoblesVirtualawlibrary
Art. 207. When the person obliged to support another unjustly refuses or fails to
give support when urgently needed by the latter, any third person may furnish
support to the needy individual, with right of reimbursement from the person
obliged to give support. This Article shall particularly apply when the father or
mother of a child under the age of majority unjustly refuses to support or fails to
give support to the child when urgently needed. (2166a) ChanRoblesVirtualawlibrary
Art. 208. In case of contractual support or that given by will, the excess in
amount beyond that required for legal support shall be subject to levy on
attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever
modification is necessary due to changes of circumstances manifestly beyond
the contemplation of the parties. (n)
