29 November 2021

Mr. REK LAMADOR

Cebu City, Cebu

Dear Mr. Lamador:

This legal opinion seeks to answer your question as to the legality of the
RTC Decision dated 29 September 2021 and the remedies that you may avail.
The facts, as I gather from you are as follows:
 You are a father of six (6) illegitimate children currently employed
as a factory worker at Way Klaro Factory, Sitio Dili Makit-an,
Cebu City; and
 Your wife filed a civil complaint against you with the Regional
Trial Court for failing to give financial support. Said court has
ordered you to provide plaintiff the sum of P100,000.00 per month
as child support.
It is understood that child support is a legal obligation espoused in Article
195 of the Family Code which explicitly provides:
“Subject to the provisions of the succeeding articles, the following are
obliged to support each other to the whole extent set forth in the
preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood.”
However, upon perusal, I find the RTC Decision objectionable
considering that it has not complied with Article 201 of the Family code
which states that:
“The amount of support, in the cases referred to in Articles 195 and 196,
shall be in proportion to the resources or means of the giver and to the
necessities of the recipient.”
 Hence, it is my opinion that you, being a minimum wage worker, cannot
be asked to give the sum of P100,000.00 as monthly support to your wife as it is
clearly excessive.
As a party adversely affected by the RTC Order, you may immediately
file a motion for reconsideration in said court praying for the modification of
your alimony in accordance with your financial capability. Further, it is
important that you prepare documented evidences (e.g. pay slips, monthly bills,
etc.) which show that you are unable to afford the monthly obligation as
ordered.
This legal opinion is without prejudice to whatever obligations you may
have to your wife and children and is merely based on the language of the laws
involved.
Please let me know if I can be of further assistance to you in this matter.

Very truly yours,

Atty. SAMANTHA NICOLE S.
DE DIOS