Dear PAO,

My wife and I have been living separately since 2009. We have three children together, two of whom are still in school. I work as a seafarer, and my estranged wife works in a bank. While we both earn a decent amount of money to support our children, my estranged wife has been obligating me to pay for everything ― household help, tuition fee, apartment rent, allowances, groceries, utility bills and shopping. Recently, my wife informed me that she wants to buy a car so she can drive the kids to school instead of paying for a school service. She asked me to cover half of the monthly amortization for the car loan and demanded that I pay the twenty-percent (20-percent) down payment upfront.

She also demanded that I pay for a private tutor for our youngest child. When I refused, she threatened to file a criminal case for Violence Against Women and their Children (VAWC) against me for economic abuse. While I would be more than happy and willing to provide for my children’s needs, I do not think it is fair that I am paying for everything and my wife pays for nothing, especially when we both have jobs, and I only earn slightly more than her. If I refuse to give in to her outrageous demands, can she really file a criminal case for VAWC against me? To what extent do I need to support my family?

Ben

Dear Ben,

In the Philippines, the obligation to provide support for one’s family finds basis in Articles 68 and 70 of the Family Code of the Philippines, which state:

“Article 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

Article 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties.”

The foregoing ensures that both spouses, as part of their marital obligations, share the responsibility to support not only their children, but also one another. (Article 195, Family Code of the Philippines) Our law recognizes no substantial distinction between the husband and the wife as regards their responsibility to provide financial support to the family. Simply stated, the obligation to support the family is imposed mutually upon the spouses and not on the father alone. (Christian Pantonial Acharon vs. People of the Philippines, GR 224946, 09 November 2021, Ponente: Associate Justice Alfredo Benjamin Caguioa).

In our jurisdiction, support entails “everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. xxx” (Article 194, Family Code of the Philippines) While there is no hard and fast rule in determining a just and reasonable amount of support, paramount consideration is afforded “to the resources or means of the giver and to the necessities of the recipient.” (Article 201, Ibid.)

The deliberate failure or refusal to give child support is penalized under Republic Act (RA) 9262, otherwise known as the Anti-Violence Against Women and their Children Act of 2000. Under this, the deprivation or denial of financial support to the child is considered a form of economic abuse when done with the purpose of controlling or restricting the woman’s or her child’s movement or conduct, and a form of psychological violence if it had caused mental anguish, public ridicule or humiliation to the woman or her child.

Prescinding from the foregoing, the issue on whether your wife can file a criminal case for VAWC against you calls for an examination of the probative value of the evidence to be presented in court. By and of itself, your mere refusal to pay for the car that is supposedly to be used for the transportation of your children to and from school, and for a private tutor does not automatically subject you to a criminal liability under RA 9262 ― especially when there is no showing that said refusal constituted either economic abuse or psychological violence as defined thereunder.

Neither is it fair for you to fully shoulder the cost of supporting your children, considering that your wife has a job and earns a decent income. As earlier stated, the obligation to provide support for the family rests on both spouses. The mother is equally obligated to provide support for her children in the same way that the father is mandated by law. Ultimately, your query regarding support for your children will entail a balancing of interest; on one hand, your own and your wife’s capacity to provide support, and on the other, the needs of your children.

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]