Filipinos are very filial in nature, and has the culture of “utang na loob” or debt of gratitude embedded in their lives. As defined by Article 194 of the Family Code, support includes everything that is essential for daily living such as food, housing, clothing, medical care, schooling, and the like which are all adjusted according to the family’s financial means.
Obligations between relatives are contextualized distinctly under the Philippine law. Legal obligations are those that are enforceable by law. Moral obligations are those that relatives owe one another (respect and care), and may strongly influence moral decisions. This includes the sense of duty to support, respect, and provide assistance. Social or cultural obligations are informal expectations for maintaining harmony, order, and promoting responsible behavior. These are based on family values, needs, and preference. Overall, the rationale of familial obligation is to protect family ties and have social solidarity.
Legal Basis
The legal basis of obligations between relatives cut across the Constitution, civil and family code. Article XV of the Constitution stipulates that the family is the basic unit of society. In line with this are the creation of legislation governing familial obligations. Articles 195-200 of the family code discusses the obligations of family members to one another, the legal characteristics, its limitations and such. This is strengthened through the Family Code wherein Articles 68-69 thoroughly defines spousal obligations, and articles 174-176 on parental obligations.
Who Are Obligated to Support
Article 195 of the Family Code is the basis on who are obligated to support. Together with Articles 68-69 of the Family Code, spouses have an obligation to fulfill with one another; providing financial and emotional support. During their marriage, spouses must maintain a marital standard of living built upon mutual love and respect. Together, they must cooperate in household and family management. They also have legal obligations on shared property and debt, based on the fact that they are married and even their assets become one. And even in post-dissolution, there still must be alimony or spousal support.
In relation to this, parents are obliged to support their children regardless of their status (legitimate or illegitimate). The law still recognizes the rights of children born out of wedlock. In terms of finances or child support, these may be based on statutory requirements and enforcement mechanisms. Usually, its duration is until the age of majority, but may become longer. Legally and morally, they are obliged to provide for their child’s basic necessities, education, protection, guidance in major life events, obligation for support if the child is with disability. For legitimate children, the obligation between relatives matter extends downwards to the grandchildren. Obligations also include both ascendant and descendants – grandparents, parents, children, and grandchildren of the direct line. Furthermore, siblings – regardless if full or half-blood or not, may be called upon to support one another.
Obligation Characteristics
There are also several characteristics of obligations. The hierarchy of support starts from the spouses to their descendents to the ascendants and the siblings. It is reciprocal wherein both parties are obliged to support one another (parents support their children, and children respect and obey their parents in return). It is also conditional since the obligation arises when the recipient is in need and the obligor has the means to support. The liability depends on the resources and the needs – making it proportional. Moreover, this cannot also be waived or transferred except in arrears due as this is considered a personal obligation.
In the case of Tan-Andal vs Andal, the court voided the marriage of Rosanna and Mario on the grounds of psychological incapacity, stating that it is a legal concept rather than medical that must be proven to exist during the marriage. The court voided their marriage after it was proven that the husband was unable to provide support for his wife and children due to his substance abuse and narcissistic-antisocial personality disorder brought about by a number of childhood and adolescent precursors1.
Support Scope and Limitations
Article 194 provides the discussion on the scope of support and its limitations. Its scope includes sustenance such as food and shelter, clothing, medical needs, education, and transportation as needed. Basically, the scope covers all necessities of an individual, especially for daily survival. However, the limitation for support is that it is only for relatives who need it. Moreover, conditions in providing support are that when the obligor loses means to support or when the need ends, the obligation ceases
- Rosanna L. Tan-Andal vs. Mario Victor M. Andal, G.R. No. 196359, May 11, 2021 ↩︎
