Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
This speaks of the order of liability in matters of support. Since the obligation to support certain rests primarily upon the requirements of human nature and the ties created by family relations, it is only logical that the obligation should first be imposed upon those who are closely related to the recipient and it is only in default of those nearer based on the degree of relationship that those who are more remote are called upon to discharge the obligation.
Thus, a rich brother/sister will not be obliged to give support if he proves that the father has enough means to give support.
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
This speaks of the order of liability in matters of support. Since the obligation to support certain rests primarily upon the requirements of human nature and the ties created by family relations, it is only logical that the obligation should first be imposed upon those who are closely related to the recipient and it is only in default of those nearer based on the degree of relationship that those who are more remote are called upon to discharge the obligation.
Thus, a rich brother/sister will not be obliged to give support if he proves that the father has enough means to give support.
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
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