Article 199 of the Family Code: Order of persons who must give support
Status: In force
What does Article 199 say?
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.
What does it mean in plain language?
Article 199 of the Family Code decides who pays first when several relatives are obliged to support the same person. The order is: the spouse, then the descendants in the nearest degree, then the ascendants in the nearest degree, then the brothers and sisters. A relative further down the list is called on when those before cannot give support. Article 200 explains how the burden is shared.
How does it work in real life?
Lola Ising: a widow who needs help
Lola Ising, a widow, can no longer work. She has two adult children and several grandchildren. Under Article 199, her children, the descendants in the nearest degree, are called first. Her grandchildren come in only if her children cannot give support.
Mia and Lea: students whose parents cannot pay
Mia and Lea need support for their schooling, but neither of their parents is able to give it. Under Article 199(3), as applied in Mangonon, their grandfather may be ordered to give support in default of the parents.
Tomas: a wife and a young son
Tomas earns only enough to support one person, and both his wife and his eight-year-old son ask for support. Under Article 200, the child subject to parental authority is preferred.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- What support covers is in Article 194; the amount follows Article 201.
- Support is demandable from the time the person who has a right to it needs it for maintenance, but it is paid only from the date of judicial or extra-judicial demand (Article 203).
- For children supporting their parents, see must children support their parents?
- For child support amounts, see how much is child support?
- See also the table on the order of support.
What does Article 199 say?
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.
How do you read the order?
Always from the side of the person who needs support. Article 199 only ranks the people who are already obliged under Article 195: the spouses, legitimate ascendants and descendants, parents and their children and grandchildren, and legitimate brothers and sisters.
| Person who needs support | Spouse | Nearest descendants | Nearest ascendants | Siblings |
|---|---|---|---|---|
| An elderly widow | (no spouse) | Her children, before her grandchildren | Her parents, if living | Her brothers and sisters |
| A married man | His wife | His children | His parents, then his grandparents | His brothers and sisters |
| A child | (none) | (none) | The parents, then the grandparents | The brothers and sisters |
"Nearest degree" means the closer generation comes first: children before grandchildren, parents before grandparents.
Can grandparents be ordered to pay?
Yes, when the parents cannot. In Mangonon v. Court of Appeals (2006), a mother sued on behalf of her two daughters for support for their college education. The Court found prima facie evidence of who the girls' parents were and held that the parents were primarily charged with their support. Because of the parents' incapacities, the Court held that the obligation should be borne by the girls' grandfather, as "the next immediate relative", in default of their parents, under Article 199. It sent the case back to the trial court to fix the amount.
Article 195(3) and (4) list parents together with their children and "the legitimate and illegitimate children of the latter", that is, the grandchildren. This page does not go beyond those words.
What does Article 200 add?
- Shared payment. When the obligation falls on two or more persons, the payment is divided between them in proportion to the resources of each.
- Urgent need. In case of urgent need and special circumstances, the judge may order only one of them to give the support provisionally, without prejudice to his or her right to claim from the others the share due from them.
- Several claimants, not enough means. When two or more people claim support from the same person, who cannot satisfy all of them, the order of Article 199 is followed. But if the claimants are the spouse and a child subject to parental authority, the child is preferred.
Frequently asked questions
Who must give support first under the Family Code?
Article 199 says that when two or more persons are obliged to give support, the liability falls on them in this order: the spouse, the descendants in the nearest degree, the ascendants in the nearest degree, and the brothers and sisters.
Can grandparents be ordered to support their grandchildren?
Yes, in default of the parents. In Mangonon v. Court of Appeals (2006), the Supreme Court held the grandfather of two students liable for their support, because their parents could not give it. The Court relied on Article 199.
What if two people at the same level must give support?
Article 200 says the payment is divided between them in proportion to the resources of each. In case of urgent need and special circumstances, the judge may order only one of them to give support provisionally, and that person may later claim the others' shares.
What if one person cannot support everyone who asks?
Article 200 says the order in Article 199 is followed, unless the claimants are the spouse and a child subject to parental authority. In that case the child is preferred.
Can the person who gives support take the recipient into the home instead of paying?
Article 204 gives that option, but not when there is a moral or legal obstacle. In Mangonon, the Court held that the grandfather could not use it because of the hostility shown during the case.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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