Main Topic: Title IX Support Art. 290-304
Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:
Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support shall be observed.
Discussion:
a. If the relationship is in issue, there should be no support while the litigation is pending till the relationship is clearly established.
b. Abandonment of the child by the parent is cause for the ceasing of the obligation of the former to support the latter, no matter how financially desperate is the present situation of said parent.
c. If the child is adulterous child of the wife, the husband is not duty-bound to support said child, and evidence of the commission of said adultery may be given as a defense in an action for support by the child. If the husband be unable to prove the adultery, the child is presumed to be his, and would therefore entitle to support.
d. If the child has property of his own, his father, as guardian, can charged expenses for the child’s property because, while it is true that a father must support his child, still the right of support does not arise from the mere relationship but from imperative necessity. If the child has sufficient property of his own, his right to be supported does not exist.
e. The term “Descendants” should be understood to refer only to “legitimate descendants,” for had the intention of the law been otherwise, the law would have adopted used in Nos.3 and 4.
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