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Wife using her maiden name on all of her documents

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RaulTeston


Arresto Menor
Hello Atty,

I just want to ask kung ano pwede mangyare pag yung wife ko hindi nya ginagamit and last name ko. Hiwalay na po kami last year pero hindi pa legal. Ngayon lang sya nagka trabaho at lahat ng documents nya ay naka apilido sa kanya (maiden). SSS, PAGIBIG, TIN, Philhealth, Company ID etc. Lahat ng documents maiden name gamit nya.

What can happen with her employment, marriage legality etc? Please advise. Thank you.

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attyLLL


moderator
she's allowed to do that


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RaulTeston


Arresto Menor
But what if her documents states that she's single? SSS, PAGIBIG, TIN, Philhealth, Company ID etc., Single nakalagay sa status. We got married 2008 and ngayong month lang sya nagkaroon ng work hence inasikaso nya pre employment documents nya.

Ano pwede mangyare sa kanya regarding her employment? Pwede ba sya kasuhan? Any other information you can provide? Please shed some light. Thank you.

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Patok


Reclusion Perpetua
bakit hindi kasi nya i update yung records?

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RaulTeston


Arresto Menor
Ginawa nyang Single intentionally since new application ito (Pre employment for her first job). Considered as falsification of public documents ba or whatever? Ano pwede mangyare?

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shad_marasigan


Reclusion Perpetua
Yes she may be committing a crime of perjury if she indeed intentionally hides material facts of her personal information.

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Patok


Reclusion Perpetua
using her maiden surname is ok.. but saying she's single when in fact she's married is something else..

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AWV


Reclusion Perpetua
Kahit sinong babae na may asawa choice nila yun kung gusto nilang dalhin ang surname ng asawa nila! single or married doesn't matter sa application nila dahil marami sa mga babaeng may asawa na gamit pa rin ay Ms. in other words nasa sa kanila na yun kung gusto nilang maging Mrs. at dahil nga sa surname nya pagka dalaga ang gamit nya hindi pwedeng Mrs. dahil apelyido ng father nya gamit nya! Nowadays, no one is interested on your real status kapag nilagay na single or married, its not a big deal at all!

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9 falsification fo documents on Thu Dec 20, 2012 9:14 pm

joyce y


Arresto Menor
RaulTeston wrote:Ginawa nyang Single intentionally since new application ito (Pre employment for her first job). Considered as falsification of public documents ba or whatever? Ano pwede mangyare?

reply; yes its considered falsification of documents and in POAE if the person is working abroad you can file a case at the POEA and if you prove it with the documents that you have or evidences in misinterpretation of his or her legal status there's a disciplinary action towards that person 1 to two years he or she cannot participate for overseas job.

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AWV


Reclusion Perpetua
On the otherhand! If the person works illegally abroad and is a TNT for years and years there is no way the POEA can track them! if they deliberately throw their documents! like in UK people can claim for assylum! meaning they state on their details that they are in danger to their country therefore the human rights will protect them! Our lawyer in Philippines don't know this strategy of Filipinoes abroad! I know many people do this! unless you know their whereabouts and their exact address at the time! if not the immigration abroad won't even bother to cooperate with you!

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adel.villafuerte


Arresto Mayor
Unless a court declares a separation of conjugal partnership of gain, all income of both spouses even physically separated are considered conjugal, and each of the spouses has still the right to claim the corresponding income shares.

Not using a real name is tantamount to falsification of public document and it is a criminal offense under the Revised Penal Code.

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AWV


Reclusion Perpetua
That only applies to Philippine law! but if the person has been living abroad for more than 20 years and is no longer Philippine citizen, nothing you can do about that! as before they are granted with the other nationality their records will be verified and if they used another names there's no way it is trackable! or if there aren't any claims or crimes has been filed before they become a citizen from another country, there's no way the other country will consider your appeal nor they can be sued for falsification if citizenship has been granted, and falsification has status of limitation for 10 years! Only serious crimes like murders or terrorism will be entertained! marriages? such as bigamy, adultery and infidelity? no way!
Just see this case as one of the example for you which is a proof that humanitarian do their best to protect their people abroad and who are they involved with!
http://www.religiouswatch.com/thread00171_adultery.htm

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adel.villafuerte


Arresto Mayor
Marriage status in the Philippines did not prescribed or expired unless there is a judicial declaration annulling their marriage.

To compel her attendance in court here in the Philippines, you can file annulment or legal separation which includes conjugal property (real). The court will summon the respondent to acquire jurisdiction upon the person of the defendant/respondent.

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AWV


Reclusion Perpetua
Depende rin yan kung mapapatunayan mong responsableng asawa ka! pero kung tulad ka rin lang ng mga druggies na umaasa sa kita ng asawa nya! hindi ka rin papanigan ng batas! maraming bagay at paraan para mapawalang bisa ang karapatan mo sa mga ari arian nya bilang asawa nya!

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