Must Grandparents Support Their Grandchildren?
Quick answer
Grandparents can be legally required to support their grandchildren, but only after the parents. The Family Code makes ascendants and descendants obliged to support each other, and Article 199 puts the nearest ascendants, the parents, first. When the parents cannot give support, or cannot give enough, the Supreme Court has held that part of the duty passes to the grandparents on both sides. The amount depends on the grandparents' means and the child's needs.
Who must support a child?
Article 195 lists the people who must 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
"Legitimate ascendants and descendants" in item 2 includes grandparents and grandchildren. Items 3 and 4 also name "the legitimate and illegitimate children of the latter", that is, the children's own children.
Who pays first?
When several people are obliged, 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.
The order is read from the side of the person who needs support. For a young child, there is no spouse and no descendant, so item 3 applies: "the ascendants in the nearest degree". The parents are the nearest ascendants, so they come first. Grandparents are a degree further.
When does the duty pass to the grandparents?
The Supreme Court has applied Article 199 in two cases:
- Lim v. Lim (2009). The parents could not give their children enough support. The Court said the obligation "passes on to ascendants not only upon default of the parents" but also when the parents are unable to provide sufficient support. The inability of the parents shifted "a portion of their obligation to the ascendants in the nearest degree, both in the paternal... and maternal lines." The grandparents were liable to support only the grandchildren, not the children's mother.
- Mangonon v. Court of Appeals (2006). The parents of twins were found unable to pay for the twins' college education. The Court held that their grandfather, "as the next immediate relative", was tasked to give support to his granddaughters "in default of their parents" under Article 199, and sent the case back to the trial court to fix the amount.
So grandparents are not first in line, but they can be ordered to give support when the parents fail or fall short.
How is the cost shared?
Among several obligors at the same level, 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, Article 200 lets the judge order only one of them to give support for the time being, with the right to claim the others' shares later. The amount itself follows Article 201: in proportion to the giver's resources and the recipient's needs. Support covers sustenance, dwelling, clothing, medical attendance, education and transportation (Article 194).
Can grandparents take the child in instead of paying?
The law gives that option, with a limit:
The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto.
In Mangonon, the Court held the grandfather could not choose to take the grandchildren into his home, because of the hostility shown during the case.
What about an illegitimate grandchild?
Article 195(3) and (4) speak of parents and their legitimate or illegitimate children, "and the legitimate and illegitimate children of the latter". The grandchildren in Lim and Mangonon were the children of the grandparents' son, and neither decision discussed legitimacy for this purpose. No ruling read for this page applies these items to an illegitimate grandchild, so this page gives the text only.
From when can support be claimed?
Under Article 203, support is demandable when needed but is paid only from the date of judicial or extrajudicial demand. A dated written demand matters.
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.
Bea's children. Bea and her husband earn very little and cannot pay their children's school costs. Both sets of grandparents have comfortable incomes. Following Lim v. Lim, a court can order the grandparents on both sides to give part of the support, in proportion to their resources.
Lolo Ramon. A court orders Ramon to give support to his grandson. He offers to let the boy live with him instead. If there is no moral or legal obstacle, Article 204 allows this; if relations are hostile, as in Mangonon, the court may refuse the option.
For the duty running the other way, see Must children support their parents?
See also the table on the order of support.
When do you need a lawyer?
Talk to a lawyer before asking grandparents for support in court, or if you are a grandparent being asked to pay. A lawyer can check whether the parents truly cannot give support, what each relative can afford, 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
Are grandparents obliged to support their grandchildren in the Philippines?
They can be. Article 195 of the Family Code includes legitimate ascendants and descendants among those obliged to support each other. Under the order in Article 199, the ascendants in the nearest degree, the parents, come first; grandparents come after them.
When do grandparents have to pay?
When the parents cannot give support or cannot give enough. In Lim v. Lim (2009), the Supreme Court said the obligation passes to ascendants not only on default of the parents but also when the parents cannot provide sufficient support.
Do both sets of grandparents share the duty?
In Lim v. Lim (2009), the Court said the parents' inability shifted a portion of their obligation to the ascendants in the nearest degree in both the paternal and maternal lines, following Article 199.
Must grandparents also support the child's mother?
Not under Lim v. Lim (2009). There the grandparents were held liable to support only the grandchildren, not their daughter-in-law.
Can grandparents choose to take the grandchild into their home instead of paying?
Article 204 gives the person obliged that option, except when there is a moral or legal obstacle. In Mangonon v. Court of Appeals (2006), the Court held the grandfather could not use it because of the hostility shown in the litigation.
Do grandparents have to support an illegitimate grandchild?
Article 195(3) and (4) list parents with their legitimate and illegitimate children, and the legitimate and illegitimate children of the latter. No ruling read for this page applies these items to an illegitimate grandchild, so this page states the text only.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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