Text of the provision

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)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

When more than one person could be made to give support, the law sets a strict order of priority — the claimant looks to them in sequence, not all at once:

  1. the spouse;
  2. the descendants in the nearest degree;
  3. the ascendants in the nearest degree; then
  4. the brothers and sisters.

Support is demanded from the person earlier in the list first; only if they cannot provide it does the duty pass to the next. The order also resolves competing claims under Article 200.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.