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wife's trouble, husband's obligation?

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1 wife's trouble, husband's obligation? on Wed Aug 18, 2010 6:46 pm

majin


Arresto Menor
Hello Atty...I would just like to ask if for example i have a estafa case for 3 years and I cant pay for the whole amount that they demand from me, and thats because my husband doesn't want to help me with my problem, plus the fact that i have no income, can they sue my husband to court? and maaapektuhan po ba ang ang pag-aabroad niya at posible po bang di siya makaalis? the legal representative told me that if my husband doesnt want to help me, they will file a case against him... thanks for the immediate reply sir God bless....

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2 Re: wife's trouble, husband's obligation? on Thu Aug 19, 2010 11:14 am

zulfikarl


lawyer
That's not possible. Estafa is a criminal offense. A criminal penalty is "personal in nature". Civil liability, on the other hand, may be charged against the community properties of the spouses if the debt has redounded to the benefit of the family.

If it is only a civil liability, it will not affect your husband's plan of going abroad.

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3 Re: wife's trouble, husband's obligation? on Thu Aug 19, 2010 11:23 am

majin


Arresto Menor
zulfikarl wrote:That's not possible. Estafa is a criminal offense. A criminal penalty is "personal in nature". Civil liability, on the other hand, may be charged against the community properties of the spouses if the debt has redounded to the benefit of the family.

If it is only a civil liability, it will not affect your husband's plan of going abroad.

thanks so much po.....one more question atty, can i possibly go to hongkong or singapore for tour only even if i have an estafa case? i was not able to get an nbi clearance because of this....

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4 Re: wife's trouble, husband's obligation? on Thu Aug 19, 2010 11:46 am

zulfikarl


lawyer
You can travel abroad if there was no hold departure order issued against you. Not everyone who is facing a criminal case has a hold departure order. I suggest you have it checked to make sure.

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5 Re: wife's trouble, husband's obligation? on Thu Aug 19, 2010 1:29 pm

majin


Arresto Menor
zulfikarl wrote:You can travel abroad if there was no hold departure order issued against you. Not everyone who is facing a criminal case has a hold departure order. I suggest you have it checked to make sure.

thanks atty.....last na po.....where can i check po about the hold departure order?

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6 Re: wife's trouble, husband's obligation? on Fri Aug 20, 2010 8:57 pm

zulfikarl


lawyer
Inquire at the DOJ.

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7 Re: wife's trouble, husband's obligation? on Fri Aug 20, 2010 9:51 pm

majin


Arresto Menor
Salamat po ng marami attorney! God bless you!

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8 Re: wife's trouble, husband's obligation? on Sat Aug 21, 2010 9:19 am

attyLLL


moderator
majin, you should also check at the bureau of immigration. it is under the doj and is the agency tasked to enforce an hdo.


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9 Re: wife's trouble, husband's obligation? on Sat Aug 21, 2010 3:50 pm

majin


Arresto Menor
attyLLL wrote:majin, you should also check at the bureau of immigration. it is under the doj and is the agency tasked to enforce an hdo.


thanks po sir, can i ask the exact location po? eto po ba yung sa faura o pedro gil?

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10 Re: wife's trouble, husband's obligation? on Sun Aug 22, 2010 3:33 pm

attyLLL


moderator
http://immigration.gov.ph/index.php?option=com_content&task=view&id=129&Itemid=73


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