On TPO and support

Joe Pallugna

 THERE is that nagging question of whether or not an action for Temporary Protection Order includes the claim for support?

This is the case of Cherryl who filed a petition for the issuance of a TPO from the regional trial court alleging woman and child abuse in the hands of Glenn whom she claims to be the father of her child as shown in the Birth Certificate.

The supposed father, Glenn, opposed the petition asserting that he is not the father of the child, that his signature in the birth certificate was forged and that they never lived together so that the TPO was unnecessary.

The trial court denied the TPO and upon denial of her motion for reconsideration she filed a petition for review directly with the Supreme Court.

The High Tribunal ruled that although a petition for TPO can include the prayer for support, but such prayer can only be availed of if there is a clear obligation to support.

The Supreme Court defined that: “Dolina evidently filed the wrong action to obtain support for her child. The object of R.A. 9262 under which she filed the case is the protection and safety of women and children who are victims of abuse and violence. Although the issuance of a protection order against the respondent in the case can include the grant of legal support for the wife and the child, this assumes that both are entitled to a protection order and to legal support.”

“To be entitled to legal support, petitioner must, in proper action, first establish the filiation of the child, if the same is not admitted or acknowledged. Since Dolina’s demand for support for her son is based on her claim that he is Vallecera’s illegitimate child, the latter is not entitled to such support if he had not acknowledged him, until Dolina shall have proved his relation to him. The child’s remedy is to file through her mother a judicial action against Vallecera for compulsory recognition. If filiation is beyond question, support follows as a matter of obligation. In short, illegitimate children are entitled to support and successional rights but their filiation must be duly proved.”

This case docketed as Cherryl Dolina versus  Glenn Vallecera, G.R. No. 182367, December 15, 2010, lays down the clear rule and answers the numerous queries of ordinary mortals in the matter of support.

Very clearly, the paternity must be proven first before support can be demanded. And a petition for TPO can include support if paternity is clear and not denied by the father.

E:mail: joepallugna@yahoo.com