Husband can provide support if he has financial capacity

Dear PAO,
My husband and I are legally married. When our daughter was about 1 year and 5 months old, my husband started to have a “textmate.” He used to come home late and there were days that he never came home at all. He neglected us and we would fight about this. Now, my husband filed a petition for the annulment of our marriage because his girlfriend wants to take him with her in the USA. Can I ask support from my husband because I am jobless? He too has no work but his girlfriend works in the USA as a nurse. Can I demand support from his girlfriend? I hope you can advise me on this matter.
HM

Dear HM,
It is not right for your husband to maintain a relationship with another woman while the two of you are still married because it is his obligation, as much as yours, to remain faithful all through out your marriage. This is enshrined under Article 68 of the Family Code of the Philippines, which states that: “The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.”

Nevertheless, your husband may opt to file a petition for annulment of marriage before the court if he has a legal ground, which may be any of the following: (1) he was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of his parents, guardian or person having substitute parental authority over the party, in that order; (2) he was of unsound mind at the time of the celebration of the marriage; (3) his consent was obtained by fraud; (4) either of you is physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (5) either of you is afflicted with a sexually-transmissible disease found to be serious and appears to be incurable (Article 45, id).

Nonetheless, you and your daughter may demand support from him. As provided for under the law, spouses are obliged to support each other. In the same token, parents and their legitimate children are obliged to provide mutual support (Article195, id). However, you have to take into consideration the fact that your husband does not have a job, as you mentioned in your letter. Such fact may excuse him, for the time being, from giving you and your daughter financial support. Nevertheless, he may be required to provide support once he has the financial capacity to do so (Article 201 in relation to Article 202, id).

Insofar as your desire to demand support from the girlfriend of your husband, we humbly submit that the same is not legally possible. The said person has no legal obligation to provide support. When Article 195 of the Family Code speaks of obligation to provide support, it is only confined to the following persons: (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.

We hope that we were able to answer your queries. Please be reminded that this advice is 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.

source:  Manila Times Column of PERSIDA ACOSTA