Art. 299. Title IX. Support of The Civil Code of The Philippines

Main Topic: Title IX. Support Art. 290-304

Art. 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house 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. 

 

Discussion:

1. Option Given to Supporter

The person obliged to give support (not the recipient) is given an option:

a.       To pay the allowance fixed

b.      To receive and maintain the recipient in the family dwelling.

c.        

2. Characteristics of the Option

a. The option is not absolute (that is, he cannot choose to keep the recipient in his house if there is a moral or legal obstacle thereto.)

 

Examples of Obstacle:

1. The fact that man is married to woman who is not the mother of his illegitimate child, said child, being the recipient.
2. The fact that the husband maltreated the wife and as consequence she was compelled to leave conjugal abode.
3. When a father offers to bring his child to his own home as a result of his being pressed for overdue allowances, and it is shown that the father had previously treated the child severely. Here the Court said that the child would not find in the father’s home so vitally necessary for unhampered development and for the assurances of his future.
4. The fact that the father is criminally guilty for seduction.

 

b. The option may be waived

        If the husband has already agreed that his wife would have the care and custody of their minor children, obligating himself to pay for their support and maintenance, there is a waiver of his right to exercise his option, and therefore he cannot now ask that the minor children be transferred to his home.

3. Meaning of “Obstacle”