Are Children Legally Required to Support Their Parents?
Quick answer
Yes. Under Article 195 of the Family Code, parents and their children are obliged to support each other, so an adult child can be required to support a parent who needs it. If several relatives are obliged, the law sets an order: the parent's spouse first, then the children, then others (Article 199). The amount is not fixed: it depends on what the child can give and what the parent needs (Article 201). Support is paid only from the date it was demanded in writing or in court (Article 203).
What does the law say?
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
The key words are "support each other". The duty is mutual. Parents support their children, and children support their parents when the parents need it. This applies to legitimate and illegitimate children alike (items 3 and 4). Item 2, "legitimate ascendants and descendants", also covers grandparents and grandchildren.
Legitimate brothers and sisters are also on the list (item 5). Illegitimate brothers and sisters owe support too, under Article 196, except when the need of a brother or sister of age is caused by the claimant's own fault or negligence.
What does support cover?
The same things as for a child:
Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
For an older parent, this usually means food, a place to live, clothing and medical care.
Who pays first?
When two or more people must give support, Article 199 sets the order:
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.
So if a mother needs support and her husband is alive and able, he comes first. Her children come next.
The Supreme Court has applied this order between generations. In *Lim v. Lim* (2009), the parents could not give their children enough support, and the Court said a portion of the duty shifted to the grandparents, "the ascendants in the nearest degree", following the order in Article 199. That case was about grandparents and grandchildren. No ruling read for this page involves a parent suing an adult child, so this page explains the text only.
How is the cost shared among siblings?
In proportion to what each can give:
When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.
In case of urgent need, the judge may order only one of them to pay for the time being. That person can later claim the others' shares.
How much?
There is no fixed amount or percentage:
The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
A child with a small income gives less than a sibling with a large one. A parent with some income of his or her own needs less than one with none.
Whose money pays?
A married child pays a parent's support from his or her own money. For support of ascendants, descendants and siblings, Article 197 says "only the separate property of the person obliged to give support shall be answerable". If that person has no separate property, the absolute community or conjugal partnership, if financially capable, advances the support. The amount is then deducted from that spouse's share when the common property is liquidated.
From when can a parent claim it?
The obligation to give support shall be demandable 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 extra-judicial demand.
An extrajudicial demand is one made outside court, such as a letter. A dated written demand matters, because support for months before it cannot be collected.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Fely and her children. Fely is 70, a widow, and cannot support herself. Her three adult children are obliged to support her (Article 195). They share the cost in proportion to their resources (Article 200): the son who earns the most pays the largest share.
Gloria. Gloria needs medical care and her husband is alive and working. Under Article 199, her husband comes first. Her children come after him in that order.
Hilda. Hilda sent her son a letter asking for monthly support in May and went to court in October. Under Article 203, support can be counted from the May letter, not from earlier months.
For support of children by their parents, see How much is child support?
When do you need a lawyer?
Talk to a lawyer before demanding support from a relative in court, or if you are being asked to pay and cannot afford it. A lawyer can check who comes first under Article 199, what each relative can give, and how to prepare a written demand. A suit between family members must also show that earnest efforts to settle were made: see suing a relative: the earnest efforts rule.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Is it a legal duty to support my parents in the Philippines?
Yes. Article 195 of the Family Code lists legitimate ascendants and descendants, and parents and their children, among those obliged to support each other. The duty runs both ways: from parents to children and from children to parents.
Who pays first if several relatives must give support?
Article 199 sets the order: first the spouse, then the descendants in the nearest degree, then the ascendants in the nearest degree, then the brothers and sisters. So a parent's spouse comes before the parent's children.
If there are several children, does each pay the same?
Not necessarily. Article 200 says the payment is divided among those obliged in proportion to the resources of each. In urgent cases the judge may order one of them to pay provisionally, with a right to collect the others' shares.
How much support must a child give a parent?
There is no fixed amount. Article 201 says support is in proportion to the giver's resources or means and the recipient's needs.
Can a parent claim support for past months?
Article 203 says support is demandable when needed but is paid only from the date of judicial or extrajudicial demand. A written demand counts as an extrajudicial demand.
Do grandchildren have to support their grandparents?
Article 195(2) includes legitimate ascendants and descendants, which covers grandparents and grandchildren. Under the Article 199 order, descendants in the nearest degree, the children, come first.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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