Held:: Id. Citations Omitted

“Filiation must be established for a child to claim support from a putative father.
When "filiation
is beyond question, support follows as [a] matter of obligation." 1 To establish filiation, an action
for compulsory recognition may be filed against the putative father ahead of an action for
support. In the alternative, an action for support may be directly filed, where the matter of
filiation shall be integrated and resolved. 2”
The direct filing of an action for support, "where the issue of compulsory recognition may be
integrated and resolved,"3 is an equally valid alternative remedy.4
Article 165 of the Family Code provides:
Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code.
Article 175 of the Family Code Provides:
Illegitimate child may establish the illegitimate filiation in the same way as that in the
same way5 and on the same evidence as legitimate children.
Xxxx.
The Court, in Verceles v. Posada,6 held:
We have held that the due recognition of an illegitimate child in a record of birth, a
will, a statement before a court of record, or in any authentic writing is, in itself, a
consummated act of acknowledgement of the child, and no further court action is required.
The Supreme Court (Court), in Lua v. Lua7, mentioned the pertinent provision of the Family Code
of the Philippines provides:
Article 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. (Emphasis supplied.)
1
Abella v. Cabanero, G.R. No. 206647, August 09, 2017 citing Dolina v. Vallecera, 653 Phil. 391,
394 (2010) [Per J. Abad, Second Division] citing Tayag v. Tayag-Gallor, 572 Phil. 545, 551-552
(2008) [Per J. Tinga, Second Division] and Montefalcon v. Vasquez, 577 Phil. 383, 398 (2008)
[Per J. Quisumbing, Second Division].
2
Id. Citing Agustin v. Court of Appeals, 499 Phil. 307, 317 (2005) [Per J. Corona, Third
Division].
3
Id. Citing Dolina v. Vallecera, 653 Phil. 391 (2010) [Per J. Abad, Second Division] and Agustin
v. Court of Appeals, 499 Phil. 307, 317 (2005) [Per J. Corona, Third Division].
4
Id. Citations omitted
5
Same as Article 172 of the Family Code: The filiation of legitimate children is established by any
of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) Xxx
Xxx.
6
G.R. NO. 159785 : April 27, 2007.
7
G.R. Nos. 175279-80, June 05, 2013 citing Article 194 of the Family Code.
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. (Emphasis
supplied)8
Article 199 of the Family Code provides:
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;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters.
The Court held that “an eminent author on the subject explains that the obligation to give
support rests principally on those more closely related to the recipient. However, the more
remote relatives may be held to shoulder the responsibility should the claimant prove that those
who are called upon to provide support do not have the means to do so.” 9
In Magonan v. CA10, the Court held:
“There being prima facie evidence showing that petitioner and respondent Federico
are the parents of Rica and Rina, petitioner and respondent Federico are primarily charged
to support their children's college education. In view however of their incapacities, the
obligation to furnish said support should be borne by respondent Francisco. Under Article
199 of the Family Code, respondent Francisco, as the next immediate relative of Rica and
Rina, is tasked to give support to his granddaughters in default of their parents. It bears
stressing that respondent Francisco is the majority stockholder and Chairman of the Board
of Directors of Citadel Commercial, Incorporated, which owns and manages twelve gasoline
stations, substantial real estate, and is engaged in shipping, brokerage and freight
forwarding. He is also the majority stockholder and Chairman of the Board of Directors of
Citadel Shipping which does business with Hyundai of Korea. Apart from these, he also
owns the Citadel Corporation which, in turn, owns real properties in different parts of the
country. He is likewise the Chairman of the Board of Directors of Isla Communication Co.
and he owns shares of stocks of Citadel Holdings. In addition, he owns real properties here
and abroad. It having been established that respondent Francisco has the financial means to
support his granddaughters' education, he, in lieu of petitioner and respondent Federico,
should be held liable for support pendente lite.”
8
Abella v. Cabanero citing Article 195 of the Family Code.
9
Mangonan v. CA, G.R. NO. 125041, June 30, 2006 citing CIVIL CODE OF THE
PHILIPPINES, COMMENTARIES AND JURISPRUDENCE, Vol. I, Arturo Tolentino, Art. 199
of the Family Code.
10
Id. Citation omitted
Lim-Lua v. Lua[21] echoed Article 201 of the Family Code[22] and stated that the "amount of
support which those related by marriage and family relationship is generally obliged to give each
other shall be in proportion to the resources or means of the giver and to the needs of the
recipient."11 Article 202 of the Family Code adds, however, that support may be adjusted and
that it "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."12
The obligation to give support shall only be demandable from the time the person entitled to it
needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial
demand.13 Support pendente lite may also be claimed, in conformity with the manner stipulated
by the Rules of Court.14
11
Abella v Cabanero citing Lim-Lua v. Lua, 710 Phil. 211, 221 (2013) [Per J. Villarama, Jr., First Division] and
FAMILY CODE, art. 201, Lacson v. Lacson, 531 Phil. 277, 287 (2006) [Per J. Garcia, Second Division].
12
Id. Citing FAMILY CODE, art. 202.
13
Id. Citing FAMILY CODE, art. 203 provides:
Article 203. The obligation to give support shall be demandabie 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 extrajudicial 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. When the
recipient dies, his heirs shall not be obliged to return what he has received in advance.
14
Id. Citing FAMILY CODE, art. 203.

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“Filiation must be established for a child to claim support from a putative father.

Article 165 of the Family Code provides:

Article 175 of the Family Code Provides:

The Court, in Verceles v. Posada,6 held:

Article 194. Support comprises everything indispensable for sustenance, dwelling,

The education of the person entitled to be supported referred to in the preceding

(1) The spouses;

(2) Legitimate ascendants and descendants;

Article 199 of the Family Code provides:

(1) The spouse;

In Magonan v. CA10, the Court held:

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