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JUDICIAL SETTLEMENT OF PROPERTIES AND GROUNDS OF CONCUBINAGE

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CL175148


Arresto Menor
GOOD DAY PO...
MY FATHER IS AN OFW AND HIS HAVING AN AFFAIR WITH ANOTHER WOMEN, RIGHT NOW THEIR HAVING A BABY. MY FATHER MET HIS MISTRESS ABROAD, THE MISTRESS HAS FULL KNOWLEDGE OF MY FATHERS' CIVIL STATUS. MY SISTER IS STILL STUDYING,MY OLDER BROTHER DONT HAVE A JOB AND MY MOM DONT HAVE A JOB AS WELL RYT NOW MY MOMS REMEDY TO SURVIVE FOR OUR DAILY EXPENSES IS SELLING OUR CHEVROLET CAR BOUGHT BY MY FATHER BEC. MY FATHER IS NO LONGER SENDING HIS ALLOTMENT TO US.HUHUHU AND WE ALSO FOUND OUT THAT THE MONEY HE SEND IS TO US IS JUST 1/4 OF HIS SALARY..MY MOM CONSULTED A LAWYER AND THEY SOUMOND A SOPHIENA TO MY FATHER AND MY FTHERS COMPANY.BUT IAM WORRIED ABOUT THE RESULT. BEC. MY FATHER SEEMS NOT SCARED ABOUT THIS AND HE SAID HIS LOOKING FORWARD FOR IT...IM WORRIED..


WHAT ARE THE RIGHT STEPS TO TAKE REGARDING THIS MATTER.?
WHAT CRIMINAL CASE CAN MY MOTHER FILE?
HOW ABOUT THE SETTLEMENT OF OUR PROPERTIES>
CAN WE FORCE HIM TO SEND US HIS MONTHLY ALLOTMENT AND HOW MUCH CAN WE DEMAND...
WHAT ARE THE GROUNDS OR POSSIBLE PUNISHMENT FOR CONCUBINAGE.. ?
WHAT ARE THE EVIDENCE THAT WE NEED TO DISCLOSE IN WINNING THE CASE.?
IS THERE ANY WAY TO PUT MY FATHER IN JAIL.. ?
AS THEIR CHILDREN WHAT CAN WE DO.?



Last edited by CL175148 on Sun Sep 23, 2012 2:32 pm; edited 2 times in total (Reason for editing : ADDITIONAL INFO.)

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CL175148


Arresto Menor
HI GUYS PLEASE FELL FREE TO COMMENT

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attyLLL


moderator
i think you should discuss this with your lawyer. he has better understanding of your case. besides you have already filed a complaint


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CL175148


Arresto Menor
attyLLL wrote:i think you should discuss this with your lawyer. he has better understanding of your case. besides you have already filed a complaint


But atty. my mom wanted to take the prob. on her own, bec she chose to take all the pain rather than kami ang masaktan... bec. I'm hr in manila working..I'm just worried and i Think i need some legal advise about this matter ... to lessen my worries ... can u just answer my questions please...please...im confuse about it..

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CL175148


Arresto Menor
i dont understand what are our rights as the legitimate children and how about the baby/ illegitimate child.. what will happened to us, to my mother , to my father or the mistress...>???
our properties.. i'am extremely confuse about our rights..

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CL175148


Arresto Menor
ok...can u just answer my questions above..i guess nag papanic lang ako...just answer the questions above..

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CL175148


Arresto Menor
please answer my post...or give me some possible scenarios that might happen to my family...

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arden2603


Arresto Mayor
if you want to file a criminal case you can file a concubinage case, but I don't know if the philippines has jurisdiction over the mistress. If she's a filipino then the philippines has jurisdiction.

In separation of properties yes this is possible, but I prefer you obtain a decree of legal separation, separation of property is included there and the guilty spouse cannot inherit nor get a share in the absolute community of conjugal partnership.

The monthly support will depend on the needs of your family and the salary of you father.

There is concubinage in the ff case:
1) A husband cohabit with a mistress in the conjugal home.
2) A husband having sexual intercourse with another woman under scandalous circumstances.
3) A husband live with his mistress in another place.

To prove guilt in concubinage it must be:
1 & 3) It must be proven that they are living together either in the conjugal home or in another place.
2) You must prove that they are having sexual intercourse and is scandalous.
Concubinage is punished by prision correccional minimum to medium ( 6 months 1 day to 4 years 2 months) and distierro for the mistress, she will be banished for the same span of time 25 kms. from a specific place.

Yes, there is. Well hypothetically.
Don't put a grudge on t he child. He/she is innocent, eve if she is a child from another woman he/she is still your brother/sister. Recognize her, don't give him/her a hard time, live a peaceful life. He/she has nothing to do with all this problem.

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9 tHank you.! on Sun Sep 23, 2012 2:04 pm

CL175148


Arresto Menor
arden2603 wrote:if you want to file a criminal case you can file a concubinage case, but I don't know if the philippines has jurisdiction over the mistress. If she's a filipino then the philippines has jurisdiction.

In separation of properties yes this is possible, but I prefer you obtain a decree of legal separation, separation of property is included there and the guilty spouse cannot inherit nor get a share in the absolute community of conjugal partnership.

The monthly support will depend on the needs of your family and the salary of you father.

There is concubinage in the ff case:
1) A husband cohabit with a mistress in the conjugal home.
2) A husband having sexual intercourse with another woman under scandalous circumstances.
3) A husband live with his mistress in another place.

To prove guilt in concubinage it must be:
1 & 3) It must be proven that they are living together either in the conjugal home or in another place.
2) You must prove that they are having sexual intercourse and is scandalous.
Concubinage is punished by prision correccional minimum to medium ( 6 months 1 day to 4 years 2 months) and distierro for the mistress, she will be banished for the same span of time 25 kms. from a specific place.

Yes, there is. Well hypothetically.
Don't put a grudge on t he child. He/she is innocent, eve if she is a child from another woman he/she is still your brother/sister. Recognize her, don't give him/her a hard time, live a peaceful life. He/she has nothing to do with all this problem.


thankz a lot.. it was very informative... i have another question po..what do you mean by scandalous circumstances, such as...?
and what can we do to force him to send his monthly allotment, since he dont want to support us anymore..

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CL175148


Arresto Menor
@arden2603

sir. one last question po..what do you think will be their counter attack to us, in you own opinion and experience/expertise, do you think my father can still scape or maybe lessen the burden of his case.. and in filling a legal separation or the concubinage case how long will be the process and how much money do we have to spend..

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Almondo


Arresto Mayor
send a copy of your File Documents to NBI and IMMIGRATION... if he returns to Philippines they can hold him here to face Court.... im not a Atty...

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arden2603


Arresto Mayor
Scandalous circumstance - is any reprehensible deed that offends the public, Yung point na lahat ng kapitbahay nila alam na kabit siya at nagsasama silang dalawa.

They will counter that Philippine court has o jurisdiction over the case. That your allegations are not true on the grounds that he is living abroad.

In legal separation there is a six months cooling period after the filing of the case. More or less 1 year to 1 1/2 year I guess. It will depend on the docket load of the court. The cost will totally depend on your attorney.

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CL175148


Arresto Menor
Sir,
What will be the procedure when we demand financial support. is it possible that we can sell some of our properties hence it has been said it was under conjugal properties.?

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arden2603


Arresto Mayor
Will depend on what will you file in the family court. You can file a petition for legal separation, or petition for Judicial settlement of properties.

Yes you can sell the conjugal properties, as long as the family will benefit but your mother needs a judicial approval to encumber or sell the properties without your father's consent.

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