Dear PAO,

I married a foreigner and we have an 18-month-old son. However, our marriage bond ended when we obtained a divorce decree in Holland. My foreigner husband agreed to provide monthly support to our son. But when my son and I arrived in the Philippines, my husband never gave support. My ex-husband returned to the Philippines because he contracted another marriage. I want to file a civil case for support against my husband, but he argued that his national law does not require that a father support his/her child?

Jaide

Dear Jaide,

Based on Article 15 of the New Civil Code, laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon Filipino citizens, even living abroad. This article stresses the principle of nationality. In other words, insofar as Philippine laws are concerned, specifically the provisions of the Family Code on support, the same only applies to Filipino citizens. By way of analogy, foreigners are governed by their national law with respect to family rights and duties.

According to the case of Del Socorro v. Van Wilsem, GR 193707, Dec. 10, 2014, the Supreme Court, through Chief Justice Diosdado Peralta, ruled that the obligation to give support to a child is a matter that falls under family rights and duties. Hence, since the respondent is a citizen of a foreign country, he should be subjected to the laws of his country and not to Philippine law, as to whether he is obliged to give support to his child.

However, in the same case, the Supreme Court made a pronouncement that:

“In international law, the party who wants to have a foreign law applied to a dispute or case has the burden of proving the foreign law. In the present case, respondent hastily concludes that being a national of the Netherlands, he is governed by such laws on the matter of provision of and capacity to support. While respondent pleaded the laws of the Netherlands in advancing his position that he is not obliged to support his son, he never proved the same.

“It is incumbent upon respondent to plead and prove that the national law of the Netherlands does not impose upon the parents the obligation to support their child.”

In other words, the foreigner who would invoke his/her national law in Philippine courts has to allege the said foreign law and has the burden to prove the same. Otherwise, the doctrine of processual presumption shall govern. This doctrine states that if the foreign law involved is not properly pleaded and proved, Philippine courts will presume that the foreign law is the same as our local or domestic law.

In your case, your husband’s family rights and duties are governed by his national law and not by Philippine law on support. However, it is incumbent upon your husband to properly plead and prove that his national law does not require that a father should support his children. Otherwise, the Philippine law on support, which requires father to support his children, may apply on account of the doctrine of processual presumption.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].