Text of the provision

Art. 204. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto.

(299a)

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

The obligor generally chooses how to provide support: either pay the fixed allowance in money, or take the recipient into the family home and maintain them there. The choice belongs to the person paying, not the one receiving.

The second option has a limit: it cannot be used where there is a moral or legal obstacle — for example, deep hostility between the parties, or a case where living together would be inappropriate. In such cases the obligor must pay the allowance instead. Courts also disallow the "take them home" option where it would be used to evade a genuine duty.

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.