Filiation Must Be Proven Before Claiming Child Support

G.R. No. 182367, December 15, 2010

Imagine a scenario where a mother seeks financial support for her child from a man she claims is the father. However, the man denies paternity. This situation highlights a crucial principle in Philippine law: before a court can order child support, the filiation (the legal recognition of the parent-child relationship) must first be established, especially when it’s contested.

Introduction

This case, Cherryl B. Dolina v. Glenn D. Vallecera, revolves around a mother, Cherryl Dolina, who sought financial support for her child from Glenn Vallecera, whom she claimed was the father. She filed a petition for a temporary protection order under Republic Act (R.A.) 9262, also known as the Anti-Violence Against Women and Their Children Act, including a handwritten prayer for financial support. Vallecera contested the paternity. The Supreme Court clarified that filiation must be proven before a claim for child support can be successful, especially when the alleged father denies paternity.

The central question was whether the Regional Trial Court (RTC) correctly dismissed Dolina’s action for temporary protection and denied her application for temporary support for her child.

Legal Context: Filiation and Support Obligations

In the Philippines, the obligation to provide support arises from legal relationships, including the parent-child relationship. However, when the child is illegitimate and the alleged father does not acknowledge the child, the relationship must first be legally established through a process called compulsory recognition.

Article 195, paragraph 4 of the Family Code explicitly states this obligation, mandating support between parents and their illegitimate children. However, this obligation is contingent upon the establishment of filiation.

Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act, provides protective measures for victims of abuse, including the possibility of legal support. However, this support is typically granted within the context of an existing protection order where abuse has been established. It does not serve as a primary avenue for establishing filiation and claiming support.

Key Provision: Article 195, paragraph 4 of the Family Code: “Parents and their illegitimate children are obliged to support each other.”

For example, consider a situation where a woman claims a man is the father of her child and demands support. If the man denies paternity, the woman must first file a case to legally establish that the man is indeed the father before the court can order him to provide support.

Case Breakdown: Dolina vs. Vallecera

The case unfolded as follows:

• Cherryl Dolina filed a petition for a temporary protection order (TPO) against Glenn Vallecera, citing R.A. 9262.
• She included a handwritten prayer for financial support for her child, claiming Vallecera was the father.
• Vallecera opposed the petition, denying paternity and claiming the suit was for harassment.
• The RTC dismissed the petition, stating that no prior judgment existed establishing filiation and the right to support.
• Dolina appealed, but the Supreme Court affirmed the RTC’s decision.

The Supreme Court emphasized that Dolina had filed the wrong action to obtain support. R.A. 9262 is designed to protect victims of abuse, not to establish filiation. As the Court stated:

“To be entitled to legal support, petitioner must, in proper action, first establish the filiation of the child, if the same is not admitted or acknowledged.”

The Court further clarified that since Vallecera denied paternity, Dolina needed to file a separate action for compulsory recognition to establish the father-child relationship. Only after filiation is proven can support be mandated.

“The child’s remedy is to file through her mother a judicial action against Vallecera for compulsory recognition. If filiation is beyond question, support follows as matter of obligation.”

Practical Implications: Establishing Paternity First

This ruling underscores the importance of establishing filiation before seeking child support when paternity is disputed. It clarifies the appropriate legal avenues for obtaining support for illegitimate children.

For individuals in similar situations, it is crucial to understand that a claim for child support will likely fail if the alleged father denies paternity and filiation has not been legally established. The correct approach is to first file a case for compulsory recognition or an action for support where the issue of compulsory recognition can be resolved.

Key Lessons

• Establish Filiation: When paternity is disputed, legally establish the father-child relationship before seeking child support.
• Choose the Right Action: File a case for compulsory recognition or an action for support where filiation can be determined.
• Understand R.A. 9262: The Anti-Violence Against Women and Their Children Act is primarily for protection against abuse, not for establishing filiation.

For example, if a woman believes a particular man is the father of her child but he denies it, she should consult with a lawyer to initiate a legal action for compulsory recognition. This case will involve presenting evidence, such as DNA testing, to prove paternity. Once the court establishes filiation, she can then pursue a claim for child support.

Frequently Asked Questions (FAQs)

Q: What is compulsory recognition?

A: Compulsory recognition is a legal process by which a court establishes the legal relationship between a parent and child, especially when the parent denies paternity.

Q: What evidence is needed to prove filiation?

A: Evidence can include birth certificates, DNA test results, and other documents or testimonies that support the claim of paternity.

Q: Can I file for child support under R.A. 9262?

A: R.A. 9262 primarily addresses violence against women and children. While it can include provisions for support, it’s not the appropriate avenue if the main issue is establishing paternity.

Q: What should I do if the alleged father denies paternity?

A: Consult with a lawyer to file a case for compulsory recognition or an action for support where filiation can be determined.

Q: What if the father acknowledges the child but refuses to provide support?

A: You can file a separate action for support based on the acknowledged filiation.

ASG Law specializes in Family Law, including paternity and support cases. Contact us or email hello@asglawpartners.com to schedule a consultation.