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What case i will file?

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26 Re: What case i will file? on Mon Sep 13, 2010 11:11 am

Leen


Arresto Menor
Good day, last week maybe natanggap na nya ang statement ko sa investigator ng CHR, then he texted sa old phone number ko na ginugulo ko raw sya, ano ba daw gusto ko. Hindi ko lang pinansin yun. Kahapon, pinaayos ko yung electric fan and antena ng tv sa room ko sa isang malapit na kaibigan. we made it nalang sa room ko kasi sa baba ng nirrentahan kong bahay andun yung landlady ko natutulog and that time brownout so we cant fix it pag sa baba namin aayusin, kasama namin yung anak ko and we opened the windows and door para makapasok ang hangin at maging clear sa loob. its just a small room na inupahan ko kasama ang anak ko. after the repair that took only a few minutes, biglang pumasok yung husband ko and nakita nya kami andun lang nakaupo and having snacks. he took a picture. ask ko lang yung picture ba na yun can be used as evidence against us? hindi naman kami nagkayakap or doing anything else kasi kaibigan ko yun at isa pa andun yung anak ko. pinaalis ko nalang kaibigan ko, nagkasagutan kami sa harap ng mga anak ko and he called up pa my cousin na confirmed daw na andun yung lalaki sa room ko but he didnt said kung anong nakita nya. nagiskandalo sya sa baba na nandun ang landlady ko and naririnig sya ng mga kapitbahay kasi magkalapit lang mga bahay. pinaalis ko sya, pinagtabuyan. sa sobrang galit ko, nasuntok ko sya sa mukha at sa galit nya hinawakan nya mukha ko at suntukin sana, pero bago sya umalis sinabihan pa ako sa harap ng landlady at anak nya na " nag iisang anak na babae pero makati". nangyari yun around pass 3pm sunday. around 4pm umalis ako ng bahay kasi gusto kong sumigaw at magwala sa sobrang galit, i went to a place na ako lang andun and binuhos ko lahat ng sama ng loob at galit, i went home 7:15 and nung malapit na ako sa bahay nakita ko anak ng kapitbahay na may kausap and alam ko talaga na sya yun, then nung andun na ako sa malapit wala na sya and umalis agad yung kapitbahay, tiningnan ko sa isang eskinita at andun sya binato ko sya ng bote ng mineral water na dala ko. then nagpakita sya, sabi ko sa kanya ano pang ginagawa nya dun sabi ko magkita nalang kami sa korte. nung papasok na ako sinabi pa nya sakin na iniiwan lang ang anak para lang makasama ang lalaki, wala syang alam kung saan ako pumunta tanging ako lang ang nakakaalam. pumasok pala sa bahay nung wala ako dahil nagsumbong anak ko sakin. this morning tinawagan ako ng investigador ng CHR na andun sya and he wants to have a confrontation but due to me work na assign sa collection division hindi ako makaalis ng office. so i just scheduled next week. tanong ko lang po, yung bang picture can be used against us? at yung pagtawag nya na makati akong klaseng babae, can i have it as oral defamation? at yung pagpasok at pagpunta nya dun sa bahay di ba stalking yun? gulong gulo na utak and i want to end this all. plz tulong naman po. salamat.

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27 Re: What case i will file? on Mon Sep 13, 2010 12:35 pm

attyLLL


moderator
i believe his acts can be considered oral defamation and stalking. you will have to file the proper complaint with either the police or the prosecutor's office.

you can also file a petition in court for the issuance of a protection order so that he will be prevented from approaching you.

the picture, by itself is not evidence of any wrong doing.

but most importantly, you have to control yourself when dealing with him. by hitting him and the other things you did, you are giving him cause to start filing counter charges against you. i would avoid confronting or communicating with him altogether.


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28 Re: What case i will file? on Mon Sep 13, 2010 3:02 pm

Leen


Arresto Menor
attyLLL, i went to CHR office, i did able to asked for an advice sa lawyer dun and i told her what happened kahapon, she advised me to have a blotter para kung ano man ang mangyari sakin at least sya yung matukoy na suspect. so i talk to the investigator assigned sa case ko, she told me na i cant proceed sa police kasi dadaan talaga daw yan sa barangay muna. atty, hindi ko alam kung anong gagawin ko, sa katunayan nga nilalagnat ako sa sobrang takot at trauma sa mga nangyayari. and atty, pinakita daw ng asawa ko yung picture na nakuha nya thru his phone pero hindi nakikita ang mukha ng kaibigan ko at kitang kita dun na wala kaming ginagawang masama kasi andun din sa picture ang anak ko. sa ngayon hindi ko alam kung safe pa ba kami ng anak ko sa tinitirhan namin. i want to have an advise, salamat po.

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29 Re: What case i will file? on Mon Sep 13, 2010 4:47 pm

attyLLL


moderator
the barangay is relevant if you live in the same city or municipality. as stated in an SC circular, it is one of the exceptions when:
[5] Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;

please see the possible remedy of filing a petition for a protection order with the court in my previous post. or you can move to another place.

note that the CHR has no prosecutorial powers but they can assist you file your complaint.


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30 Re: What case i will file? on Tue Sep 14, 2010 4:27 pm

Leen


Arresto Menor
atty, i went to the barangay captain and i did told him about what had happened last sunday, but unfortunately they told me that dun sa place ng respondent ako dapat magfile ng blotter, and they told me that the barangay captain dun will issue BPO but its only for 15days and pakiramdam ko hindi yun pwede dito kasi hindi na ako dun nakatira. naisip ko kasi kung dun ako magfile, eh galing na ako dun at wala naman silang nagawa when we had a confrontation dun at saka parang kakampi nya ang barangay captain dun. kasi nasabi ko yun na magkampi sila kasi nung time na sinaktan nya ako at umabot kami sa police station, sinamahan pa sya ng barangay captain sa bahay ng parents ko para kunin things ng anak ko.
salamat po!

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31 Re: What case i will file? on Tue Sep 14, 2010 8:08 pm

attyLLL


moderator
so you do live in the same municipality or city? you cannot disregard the barangay if you plan to file a case at the court or prosecutor's office.


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32 Re: What case i will file? on Wed Sep 15, 2010 9:35 am

Leen


Arresto Menor
hindi na now atty, he stays sa isabela city kung saan ang bahay namin, and im staying here sa zamboanga city for 2 years already, at dito na rin ako kumuha ng barangay clearance.

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33 Re: What case i will file? on Wed Sep 15, 2010 3:46 pm

attyLLL


moderator
then you can directly file your case in the prosecutor's office. is the CHR is trying to mediate between you or is it determining whether a case should be filed?


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34 Re: What case i will file? on Wed Sep 15, 2010 4:20 pm

Leen


Arresto Menor
this coming tuesday will be the scheduled confrontation. the CHR is trying us to reconcile or talk before we will gonna meet on tuesday. gusto ko ng matahimik, sobra na akong naapektuhan, pati trabaho ko and even my son too, i know pati daughter ko.

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35 Re: What case i will file? on Wed Sep 22, 2010 2:22 pm

Leen


Arresto Menor
atty, yesterday was our confrontation sa CHR, pumunta sya but we havent settled there, the investigator told him to submit the counter affidavit so he need to get a lawyer. after nun he texted me nicely pa, but later this morning i texted him na sana maayos na tong lahat para maka move on na kami pareho.. may mga conditions sya na pipirma lang sya sa anumang kasunduan kung: 1st, babayaran ko yung ginastos nya sa pagpapaaral sakin sa college, 2nd kung magkaron ako ng boyfriend kukunin nya anak ko lalaki sakin, 3rd kung pipirma lahat ng mga taong involve sa kasal namin. atty, yung lawyer ng CHR told me kahapon na antayin nalang daw namin yung counter affidavit nya saka pa daw namin titingnan wat dapat gawin. atty, tama ba yung mga conditions nya? when he said na babayaran ko ginastos nya sa pagpapaaral nya sakin i also told him na papayag ako basta isauli din nya lahat ng ginastos ko dun sa pagpapatayo ng bahay na tinitirhan nya ngayon which is a conjugal one. tama ba yun atty?

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36 Re: What case i will file? on Sun Sep 26, 2010 9:18 am

attyLLL


moderator
what will be his obligations in the agreement?

i do not recommend you pay, these were conjugal funds. i also agree that you should wait for him to file his counter affid or he drops his demands.

as long as you are married, i do not recommend you start having new relationships because this will make you vulnerable to a charge of adultery.


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37 Re: What case i will file? on Sat Oct 09, 2010 12:54 pm

Leen


Arresto Menor
AttyLLL, last week nagtext yung asawa ko sa anak ko na sabihan daw ako na kukunin nya yung perang binigay nya dun sa pang down payment ng nirentahan ko ng bahay noon, nagtransfer na kasi ako ng tinitirhan baka sakaling matatahimik na kami ng anak ko.tama po ba yun na kunin nya yung perang yun? nung lumipat na kami ng bahay, he is still stalking pla, sinusundan nya anak ko galing school para malaman nya san na kami nakatira. Atty, still im receiving mga messages na paninirang puri na, (higit pa sa puta, babaeng makati, materyalosa, etc..) hindi po totoo lahat yan. hindi ko nalang pinapatulan mga messages nya kasi parang lumalabas na wala akong pinag aralan para patulan sya. Im trying to contact yung lawyer ng CHR kung nakasubmitt na ba sya ng counter affidavit nya at kung ano na ang status ng case namin, until now wala talagang balita. I want to live a normal life kasama ang anak ko, im too busy nowadays kaya di ko mapuntahan personal ang lawyer ng CHR, Atty, sobra ng panggugulo nya sakin, sobrang nahirapan na rin po kasi ni isang kusing walang sustento galing sa kanya. Im shouldering all the expenses naming mag ina. pero ang pinapalabas nya ngayon na tinuturuan ko daw ang anak ko na malayo ang loob nya sa kanyang ama, eh ayaw ng anak ko na kausapin sya kahit sa phone. Atty, ano dapat kong gawin, nagkakasakit na ako palagi sa sobrang stress sa mga nangyayari... please... salamat po!

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38 Re: What case i will file? on Sun Oct 10, 2010 12:56 pm

attyLLL


moderator
leen, since you decided to file your complaint at the chr, i recommend that you wait for their action. keep visiting, calling to ff up.

if you cannot wait any longer, then you can file your complaint affidavit at the prosecutor's office. you can ask the chr to help you since your husband is escalating his actions.

besides, the chr has no authority to decide who between you is right; it can only recommend prosecution or convince both of you to enter into an amicable settlement.


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39 Re: What case i will file? on Fri Aug 19, 2011 2:23 pm

Leen


Arresto Menor
Good afternoon atty, its been a while I havent sent any message, last week I called up the NSO office and I found out we dont have any records of our marriage, even my husband has no record of birth at NSO. What po pwede kong gawin? I plan to go and ask for a copy of certification of the said no records. plz help me. thanks.

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40 Re: What case i will file? on Fri Aug 19, 2011 6:07 pm

attyLLL


moderator
what do you want to happen? non-registration does not make your marriage immediately void.


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41 Re: What case i will file? on Sat Aug 20, 2011 10:01 am

Leen


Arresto Menor
[what do you want to happen? non-registration does not make your marriage immediately void.] So what po pwede kong gawin to make it void? I want na mapawalang bisa na kasal ko sa kanya.

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42 Re: What case i will file? on Sun Aug 21, 2011 5:07 pm

attyLLL


moderator
here are the grounds:http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property


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43 Re: What case i will file? on Tue Aug 23, 2011 1:16 pm

disturbedmisis


Arresto Menor
WHAT CASE WILL I FILE?

Dear Atty.,

My husband has admitted to an extra-marital affairs lately. I have been living a hell with him cause he never treats me as a wife anymore though he still living with us with our only daughter. For me, this is a psychological torture that I am experiencing. How can I address the situation. I have already left our home and have been staying with my immediate family. I have been humiliated in frotn of our relatives and neighbors because he publicly admitted to his affairs with other women and he announced to them with me present that he no longer love me. In fact, he told them that he never loved me at all since the beginning.

Atty, what shall I do....Please help me. Am been living this life for more than 4 months now and i am suffering, more so, my only daughter.

PLease help. THanks much.

Disturbedmisis

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44 Re: What case i will file? on Tue Aug 30, 2011 5:53 pm

Leen


Arresto Menor
Atty LLL, i found his daughter to his 1st wife on facebook weeks ago and last night we talk thru chat and her daughter mentioned her mom and my ex husband ay kinasal bago pa naging kami, it was confirmed when I did able to talked with her mom, his first wife thru phone and she said they got married ss civil, pero matagal na slang naghiwalay. They are on their trip and this saturday pa balik nila and saka kami mag usap ng personal. Atty, what po gagawin ko now? Kasi wala namang record of marriage sa NSO, pwede po bang humingi ako ng copy ng record nila sa civil registrar at ipakita yun sa NSO? SO if hes married before does it means automatic mapawalang bisa na kasal namin?

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45 Re: What case i will file? on Wed Aug 31, 2011 5:57 pm

attyLLL


moderator
leen, don't you have a copy of your marriage certificate? inquire with the solemnizing officer. you can charge him of bigamy. you will need to file a petition in court to declare your marriage void.

disturbed, what do you want to happen? is he giving support for you and your child?


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46 Re: What case i will file? on Thu Sep 01, 2011 8:47 am

Leen


Arresto Menor
Atty LLL I have a copy of our marriage contract, it was a church wedding. He is married and had 3 girls with his first wife, I really want na mapawalang bisa na kasal namin though he is not supporting any single cents to his son. Atty LLL, im so desperate to have him out of my life, he even use other poeple to threathen my life but im not bothered about it. But he denied all of this.

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47 Re: What case i will file? on Thu Sep 01, 2011 7:30 pm

attyLLL


moderator
here are the grounds for annulment: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property

you can also discuss the possibility of annulment with a lawyer


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48 Re: What case i will file? on Wed Sep 07, 2011 1:47 pm

Leen


Arresto Menor
Atty, I keep on texting and even trying to call his first wife but then shes not answering, though I understand baka may traumatic experiences din sya na ayaw na nyang pag usapan but then I just want to know when exactly they got married and some other related queries. Di ko kasi makuha yung real name nya para matanong ko sa NSO kasi I tried to asked sa NSO data ng ex husband ko walang makitang record nya. I want to know Atty what pwede kong gawin now, anong hakbang gagawin ko I want to end all of this para maayos ko na ring buhay ko sa isnag bangungot na to. Salamat po!

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49 Re: What case i will file? on Wed Sep 07, 2011 9:42 pm

attyLLL


moderator
you mean he has another name? you will have to prove that he is one and the same person.


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50 Re: What case i will file? on Thu Sep 08, 2011 8:36 am

Leen


Arresto Menor
Atty, thats one of the reasons why i want to talk to his first wife, because some of his school record and certificates hes name there was ERICKSON, when we got married hes ERIC nalang. I tried to contact again his wife last night but then her daughter replied na ayaw na raw ng mama nya makialam. Kasi po may bagong pamilya na rin sya at may 4 na ring anak sa pangalawang asawa. but then Atty, ano po pwede kong gawin para makakuha ako ng information sa kanya dahil naiintindihan ko naman sya baka may pinagdaanan din syang hindi maganda dun sa asawa at ayaw na nyang halungkatin pa. but then I just asked her to give me the date when and where they got married ng sa ganun matahimik na buhay ko.

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51 Re: What case i will file? Today at 12:30 am

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