To: Ms.

Serena Agustin
From; Fritz Frances Danielle P. Madamba
Date: March 15, 2017
Re: Financial support from Rafael Ty

Dear Ms. Agustin,

Greetings!
This letter is written to provide you my legal opinion regarding the current problem
that you are encountering, but before I proceed to that, I would like to tell you again the
facts that I have gathered from you during our meeting, to confirm if I have missed some
points or not.
On the night of February 14, 2005, you and Mr. Rafael Ty met when his group
approached you and your peers while you are having a drink in a bar along Makati
Avenue. Before the night ended, Mr. Ty asked for your number and continued to pursue
and soon after you two became a couple.
In the year 2006, you got pregnant with your now 10-year-old son – Serafa, after
giving birth until the year 2010, Mr. Ty has been a hands-on father to Serafa, however,
everything has begun to shift when Mr. Ty’s work assignment changed and he was
transferred to Ortigas, Mr. Ty began ignoring your calls, does not go home on weekends
and when he does he will just dodge your questions or get angry at you for asking, these
eventually led to arguments and some serious fights.
Early 2012, you got ahold of an information that late the preceding year, Mr. Ty
has been seeing Venus Ferrer who at present is pregnant and is already engaged with
her.You asked Mr. Ty for a confirmation of the information that you have gathered which
he admittedly quickly right after your confrontation, Mr.Ty began packing his things and
told you that he will just call you for the necessary details for Serafa’s support. Weeks
after he did not call you, he changed his number and left his former apartment. You began
contacting Mr. Ty’s colleagues at work about his whereabouts but you were told that he’s
resigned from work.
The question that you have asked me is whether Serafa has a right for support if
assumingly Mr. Ty is already married with Venus Ferrer.
Support as defined in the Family Code of the Philippines:
Art. 194. Support comprises everything indispensable for sustenance
dwelling, clothing, medical attendance, education and transportation in
keeping with the financial capacity of the family.
 The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to
and from place of work.
And those who are entitled to be supported are also defined in the same code:
Art. 195. Subject to the provisions of the succeeding articles, the following
are obliged to support each other to the whole extent set forth in the preceding
article:
The spouses;
Legitimate ascendants and descendants;
Parents and their legitimate children and the legitimate and
illegitimate children of the latter;
Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
Legitimate brothers and sisters, whether of full or half-blood.

Now, going back to your question. If assumingly Ms. Ferrer and Mr. Ty is already
married. Serafa would fall under the classification of Art. 195 par. (4) thus Serafa is still
entitled to be supported by Mr. Ty, up until he reached the age of Majority which is 18-
years-old.
For the last 5 years despite your effort into finding Mr. Ty’s whereabouts he has
completely evaded his responsibility which is to provide Serafa a support, also, He has
not declared any bankruptcy or insolvency which just strengthens your cause of action.

Should you wish to proceed to court to file a suit against Mr. Ty, personally, I
personally think that it would prosper. We would base your claim on the Republic Act
9262 – Violence for Women and Children Act which vests a right on single mother’s like
you to claim for support regarding the act of violence of the Father of your child – violence
as defined in the said act is not limited to physical or verbal abuse it may also include the
depriving of withdrawing of financial support as specifically stated in the Section 5 (e)(2)
SECTION 5. Acts of Violence Against Women and Their Children. - The crime of
violence against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
 (c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist from conduct
which the woman or her child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or conduct by force or threat
of force, physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or depriving the woman or her child of custody to her/his
family;
(2) Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,
that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places
(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to the woman's child/children.
 Again, taking into consideration that assumingly he is already married and
purposely evaded his responsibility for 5 years, I personally think that your case would
prosper in court and would be ruled in your favor. I would like to discuss more of the future
actions that we would consider in order help your case. I hope that my insight will help
you decide in what you think is the best for Serafa’s interest.
A word of reservation: My opinions have been based on the facts that I have
gathered from you and from the laws which I personally think is applicable in your case.
Please feel free to contact me in case that I have missed some points in the facts,
or if you are already decided on what actions to pursue.

Sincerely,
Fritz Frances Danielle P. Madamba