Illegitimate children entitled to support but must prove filiation

Illegitimate children entitled to support but must prove filiation "I am an illegitimate child. I only met my father last year, on my 15th birthday and have not heard from him since. I really want to ask support from him because it has been tough for my mother and I, especially that she lost her job just this month. I do not want to stop from schooling. Is it possible for me to pursue this? My cousins said that I cannot ask for support from my father because I am not his legitimate offspring. Please advise me on this matter. LinaDear Lina, Article 195 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, clearly specifies those who are obliged to support each other:“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 full or half-blood.”Given that parents are obliged to support their illegitimate children, and vice versa, (Article 195 (4), Id.), it is not correct for your cousin to conclude that you will not be able to ask support from your father simply because you are an illegitimate child. You may opt to demand support from him, the amount of which will be in proportion to your necessities as well as the resources or means of your father (Article 201, Id.). However, it is essential for you to clearly establish your filiation with your father, in consonance with our existing laws, as mere allegations will not hold water. As held by our Supreme Court:“x x x Time and again, this Court has ruled that a high standard of proof is required to establish paternity and filiation. An order for x x x support may create an unwholesome situation or may be an irritant to the family or the lives of the parties so that it must be issued only if paternity or filiation is established by clear and convincing evidence.x x xThe rules for establishing filiation are found in Articles 172 and 175 of the Family Code which provide as follows:Article 172. 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) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.In the absence of the foregoing evidence, the legitimate filiation shall be proved by:(1) The 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.x x x xArticle 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. x x x” (Antonio Perla vs. Mirasol Baring and Randy Perla, G.R. No. 172471, November 12, 2012, Ponente: Honorable Associate Justice Mariano C. Del Castillo Emphasis ours)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." - https://www.affordablecebu.com/