Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

A Mistress with Children

View previous topic View next topic Go down  Message [Page 1 of 1]

1 A Mistress with Children on Sat Jun 16, 2012 2:09 pm

KandeeCoated


Arresto Menor
On behalf of my mother I am asking for legal advice concerning our family since she doesn't know how to use a computer.

First I'll state the circumstances.

My father and mother are still married no divorce papers signed.

My father has a mistress with two children 4 years old and 3 years old. He has signed their birth certificate. we live in barangay concepcion san pablo city.

My father built a house for them to live in which is in st maria magdalena san pablo city which is about 8kilometers away from our home.

My father wants to stay with us and not his mistress.

We do not want to charge my father with anything.

We want the mistress to be affected by her decisions because she knew my father was still married before her affair. But we do not want to cut support of the children.

We have a lot of witnesses of their affair and it is confirmed that my father has signed the childrens birth cirtificates.

Second I'll state our questions.

1. In terms of inheritance of his assets what can we do to disinherit the children? Can this only be done through my fathers will and testament and what is the process? how do we go about doing the will and testament as well as probating it?

2. We want her to go far far far away from our home. What can we do about this without effecting father legally? and how can we do this? and for how long must she stay away? also what happens if she comes back and we obtain dated pictures of her during the time she is legally banished?

3. I am not sure if the house my father built for the mistress is under his name or the mistress' name does this make any difference in the outcome of legal banishment?

please note that we are only citezens in this country. ( dual citezens to be exact ) but are not familiar with phillippine law only US law so things must be clearly explained to us.

Thank you for your time.

View user profile

2 Re: A Mistress with Children on Sat Jun 16, 2012 2:11 pm

KandeeCoated


Arresto Menor
Other side notes. we have hard evidence of their affair. such as birthcertificates of the children, pictures, times and dates and witnesses that have seen them together.

View user profile

3 Re: A Mistress with Children on Sat Jun 16, 2012 5:02 pm

concepab


Reclusion Perpetua
1.It’s not possible. Illegitimate child have rights with inheritance. Even the father cannot that away from them.

2.IMO. The only case that you can file against her is a monetary damage case for interfering with your family. If you want more, your mother have to file concubinage case.

3.No.

View user profile

4 Re: A Mistress with Children on Wed Jun 20, 2012 10:13 am

KandeeCoated


Arresto Menor
concepab wrote:1.It’s not possible. Illegitimate child have rights with inheritance. Even the father cannot that away from them.

2.IMO. The only case that you can file against her is a monetary damage case for interfering with your family. If you want more, your mother have to file concubinage case.

3.No.

Please explain your answer to number one concerning disinheritance. Why can my father not disinherit an illigitimate child through his will?

View user profile

5 Re: A Mistress with Children on Wed Jun 20, 2012 11:50 am

ibonidarna


Reclusion Perpetua
Descendants can only be disinherited on the following grounds:
[1] When a child or descendant has been found guilty of an attempt against the life of the testator, his or her own spouse, descendants or ascendants;

[2] When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation groundless;

[3] When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;

[4] When a child or descendant by fraud, violence, intimidation or undue influence causes the testator to make a will or to change one already made;

[5] A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;

[6] Maltreatment of the testator by word or deed, by the child or descendant;

[7] When a child or descendant leads a dishonorable or disgraceful life;

[8] Conviction of a crime with the penalty of civil interdiction.

And disinheriting a descendant must be done through a will. Unless those illegitimate children committed the above acts, your father cannot disinherit them. Being illegitimate is not the fault of the children.

View user profile

6 Re: A Mistress with Children Today at 2:13 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum