Christopher, a citizen of the United States (US), married Lila, a Filipino, in Dallas, Texas. Their marriage was later terminated by a divorce decree issued by a US court. At that time, their child, Amado, was only 18 months old. Lila and Christopher returned to the Philippines and settled in El Nido, Palawan. Christopher allegedly promised to give support to Amado in the amount of US$1,000 per month, but he never did. Subsequently, Christopher also settled in Cebu where he cohabited with another Filipino woman. When Lila learned of the whereabouts of Christopher, she filed a complaint against him for violation of the Anti-Violence Against Women and Their Children Act for his refusal to support Amado. Lila also invoked Article 195 of the Family Code, which provides for those who are obliged to support each other. She argued that notwithstanding their divorce, Christopher is not excused from complying with his obligation to support Amado. Is Lila correct in invoking Article 195 of the Family Code? Explain.
Suggested answer only. Not an official answer and not legal advice.
Yes, Lila is correct in invoking Article 195 of the Family Code.
Under Del Socorro v. Van Wilsem, Article 195 applies to foreign nationals residing in the Philippines who refuse to support their minor children. While family duties are governed by national law under Article 15 of the Civil Code, foreign law cannot override public policy enforcing child support. Furthermore, under processual presumption, foreign law is presumed identical to Philippine law unless proven otherwise.
Here, Christopher is residing in the Philippines and remains bound to support Amado. Because Christopher failed to plead and prove his national law, Philippine law under Article 195 governs his obligation to give child support.
Therefore, Lila is correct in invoking Article 195 against Christopher.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Del Socorro v. Van Wilsem, is a foreign national residing in the Philippines obliged to support his minor child?
Foreign nationals residing in the Philippines are bound to support their minor children because exempting laws violate public policy.
What is the legal effect under the doctrine of processual presumption when a foreign national fails to prove his national law?
Under processual presumption, foreign law is presumed identical to Philippine law if not properly pleaded and proven.
Which law governs the obligation of parents to support their children under Philippine domestic law?
Article 195 of the Family Code specifies the persons who are legally obliged to support each other.
Why does a foreign divorce decree not terminate a father's obligation to support his minor child under Philippine law?
A father's obligation to support his minor child persists regardless of the dissolution of the parental marriage.
Under Republic Act No. 9262, what form of violence is committed when a father willfully refuses to provide financial support to his child?
Willful failure to provide child support constitutes economic abuse and psychological violence under RA 9262.
Learn more about these topics
1. Alien Child Support
Under Article 195 of the Family Code in relation to the landmark ruling in Del Socorro v. Van Wilsem, a foreign national residing in the Philippines is obligated to support his minor child. Although national law governs family rights and duties of foreigners under Article 15 of the Civil Code, foreign laws that exempt parents from child support cannot be given effect in the Philippines because they violate public policy, morality, and good customs. Consequently, foreign fathers within Philippine jurisdiction remain legally bound to support their legitimate or illegitimate children.
2. Processual Presumption Doctrine
Under Philippine private international law, the doctrine of processual presumption dictates that where a foreign national fails to properly plead and prove his foreign national law in court, that foreign law is presumed to be identical to Philippine domestic law. In actions for child support brought against foreign citizens in Philippine courts, the foreigner bears the burden of establishing foreign law. In the absence of proof of foreign law, courts will apply Article 195 of the Family Code to enforce the parental duty of support.
3. Support Under VAWC
Under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act, the willful refusal or failure of a parent to provide financial support to his minor child constitutes economic abuse and psychological violence. The criminal liability for economic abuse attaches regardless of the parent's citizenship or the dissolution of the marriage by a foreign divorce decree. Seeking child support under Article 195 of the Family Code reinforces the protective statutory policy of RA 9262 to safeguard minor children from financial abandonment.