Short answer. Possibly yes. Article 2206 of the Civil Code gives a person who was receiving legally required support from the deceased — and who is not an heir called to the inheritance — the right to demand support from the person who caused the death for a period the court fixes, up to five years.
What the law says
the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court
Civil Code, Article 2206 — Damages for Death. Read the full provision →
The right of non-heirs who received support
Article 2206 recognises that death caused by a crime or quasi-delict injures not only the deceased's legal heirs, but also people who depended on the deceased for legally required support. Paragraph 2 of that article provides specifically for recipients of support who are not heirs: those persons may demand ongoing support from the person who caused the death. The key requirement is that the deceased was legally obliged to provide that support — not that the support was merely voluntary or gratuitous.
The five-year ceiling and the court's discretion
The support claim against the person who caused the death is not permanent. The maximum duration is five years, and the exact period within that ceiling is determined by the court based on the facts of the case. The court considers how long the support relationship would likely have continued, how dependent the claimant was, what the deceased's capacity to provide support would have been, and what the claimant's needs are going forward. The award is meant to bridge the gap created by the wrongful death — not to create a lifetime entitlement.
Who qualifies: the legal obligation to support
The article applies where the deceased was obliged to give support according to the provisions of the Civil Code on legal support. Legal support obligations run between spouses, between parents and children, and among other close relatives in defined circumstances. An informal or voluntary financial arrangement — a partner simply choosing to support another person without a legal duty to do so — may not meet this threshold. The claimant must show that the support was legally owed, not merely that it was received. This requirement limits the provision to genuine legal support relationships.
What you need to establish your claim
To bring this claim, you need to show: first, that the deceased was legally obliged to provide you support under the Civil Code; second, that you were actually receiving that support at the time of death; and third, that you are not called to the deceased's inheritance under testate or intestate succession. The claim is separate from the wrongful death action brought by the heirs and can be filed by you independently. Gather evidence of the support relationship — bank records, remittances, receipts, and communications — and confirm whether your legal relationship with the deceased created a formal support obligation. A lawyer can advise on whether your specific situation qualifies.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Esther Victoria Alcala Vda. De Alcañeses vs. Jose S. Alcañeses, substituted by his legal, G.R. No. 187847, June 30, 2021 — read the decision on LawPhil →
- Sulpicio Line, Inc. vs. Domingo E. Curso, et al, G.R. No. 157009, March 17, 2010 — read the decision on LawPhil →
- People of the Philippines vs. Ireneo Jugueta, G.R. No. 202124, April 5, 2016 — read the decision on LawPhil →
- Philippine Hawk Corporation vs. Vivian Tan Lee, G.R. No. 166869, February 16, 2010 — read the decision on LawPhil →