Q. Dear Atty. Wong, I have come across your website/page and hope you can give me some advice. You can just call me Vince. My family is currently facing disputes and problems and wish everything to be fine, or at least be civil with each other. Here is the scenario:
1. We are a family of 5: father, mother, 3 children (all legal ages). I am the middle child. We have a house that is owned. Our father died of cancer a year ago. Our mother is 58yrs old with no work (early retirement- will get pension at 60). Our parents gave us all the education we need. Due to my father passing away, we are currently financially tight (we are still paying very big unpaid medical bills from my father).
2. The problem is with my older brother. He’s a 30year old architect with a job. He is a rebel, no respect, always shouts at home, does not contribute to anything financial and we are all emotionally drained because of him.
3. We all want him to help us pay for expenses or at least make a share/ contribution to the house (since he’s still living there) like food, water and electricity. But he refuses.
My question is, what legal right does my mother have? What are the rights of a parent against a child that is already of legal age (who is not deprived of the necessities and education)?
Are we allowed to demand rent or payment from him? Honestly, we want him out of the house if he’s not helping since he’s just a free lodger in the house. He is already 30 but does not have any responsibility or concern to the family (even badmouthing my mother). Can we kick him out?
I’m sorry if this seems too personal. I would greatly appreciate the time and help you could offer to me and my family. Thanks, V
ANS: Hello MR. V. Under the Family Code, parents and children have mutual obligations to provide financial support to each other. Support comprises of every thing indispensable for sustenance, dwelling, clothing, medical care, education, transportation in accordance with the family’s financial capacity.(Art. 194-Family Code). Furthermore, under the law, the parents, and their children are under obligation to provide support to the family.(Art.195-Ibid). Hence, if the eldest sibling refused to contribute his share for the needed support of your family, he could be held liable and you have valid cause of action against him before the court of law in compelling him to provide support for the family based on his financial capability.
However, before you can initiate or bring legal action in court involving members of the same family , there are requirements to be followed. As a rule, there must be efforts by any member of the family to settle dispute amicably, through the intercession of relatives, friends or the barangay and all these efforts failed. If this requirement is complied then anyone of you in the family can go to court to file an legal action for the support with damages.
As to whether you have the absolute right to eject your elder sibling, the answer is no. Your house is a conjugal property between your deceased father and your mother who is still living , it follows that one half (1/2) share or interest of the said house belongs to the estate of your father.
This means that all the three(3) children of your father and your mother or the four(4) of you, as surviving heirs are considered as compulsory heirs and co-owners of the house. As co-owners, each of you have the right to enjoy and use the house to the extent of your respective shares or legitime. All co-owners have the equal obligation as well to contribute to the upkeep, maintenance and preservation of the house, including the payment of real estate taxes, among others.
Where no settlement of the estate of your father is not done yet, this means that the heirs have to pay the corresponding estate tax as well as other taxes due to the government including interest and penalties thereof for late payment of the estate tax due reckon from the year from the death of your father. In the settlement of the Estate all the heirs may agree in how the estate or the land where the house is erected is to be subdivided into individual lots. Kindly note that your mother’s share which constitute ½ of the conjugal property of that house plus her 25% legitime (her share from the estate of your father) is owned by your mother. In effect she still owns 75% interest of the whole house and lot.
In the event that your family cannot agree on the partition or sharing scheme , you have no choice but to file an action for Judicial Settlement with the court with Deed of Partition. Such court action could further exacerbate the troubles in your family, not to mention the huge legal cost and expenses that will be incurred in the process . Hence, as much as possible, earnest efforts must be exerted to avoid the said situation from happening.
Looking forward you’ll find the above in order and welcome to the Batas Pinoy Global Community.
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