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i need ur advice..pls help..

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1 i need ur advice..pls help.. on Wed Aug 25, 2010 5:55 pm

maganda


Arresto Menor
i hope u can help me with my problem, i am facing criminal charges with regards to ra9262. ngyari to after ako palayasin s bhay ng mga mgulang nya n tinutuluyan nmin noon, i was sick and suffered heart attack and the doctor tells me n hindi muna ako puede mgtrabaho ng ilang buwan, total rest ang kailangan. i was not able to give or provide them financially because of my conditon. then my wife ousted me and told me to leave the house. i went mad because it's unfair. so ng-away kmi at ngkaroon ng d mgandang pagtatalo. nsira ko ung gmit s bhay. pero inayos ko rin bgo ako umalis. binalak ko mgpahinga s bhay ng mgulang ko. ilang araw nrecieve ko msg from phone that she's filing acase against me, for abandoning them and for economic abuse.. buong panahon n kumikita ako, i've been a good provider to them, khit kulang pilit ko pinagkakasya kinikita ko pra s knila. pinagsilbihan ko sila and now i get this. hindi ko maintindihan after ko mgfiled ng counter affidavit why kinatigan ng fiscal ang charges nya s kin. ano b ang dapt ko gwin? i need ur help.. s totoo lng nggagamot p ako hanggang ngayon, pinipilit ko kumita pra mtustusan mga mahal n gmot n kailangan ko inumin..im losing my sanity over this..i gave in to her demands that is to give her all the conjugal proprty that we have and she signed the desistance, but then she changed her mind and want to pursue the case again. what shall i do?

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2 Re: i need ur advice..pls help.. on Thu Aug 26, 2010 12:08 am

attyLLL


moderator
so she filed a new case or filed a motion to re-open? you can allege a valid defense that you are incapable of providing support because you are jobless but you will have to provide evidence of not having any property


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3 Re: i need ur advice..pls help.. on Thu Aug 26, 2010 12:28 am

maganda


Arresto Menor
she haven't filed a new case, only the economic abuse, and planned to pursue it though i've agreed to pay her in sum juz to let her signed the affidavit of desistance, which she signed and properly notarized at the office of private attorney. but then she's sending me threats that she will pursue the case against me... what about the settlement that we agreed upon? i dnt know what to think anymore, i have no property. nd im living now at the mercy of my mother. i only have a part time job to pay for my medicine.

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4 Re: i need ur advice..pls help.. on Thu Aug 26, 2010 1:52 am

maganda


Arresto Menor
she was supposed to take oath of desistance in the first hearing but she ddnt attend, the next hearing, she ddnt attend again, and the judge is going to give a subpoena for her to attend the third hearing, but then i received a message telling me that she change her mind and will pursue the case.. does the settlement that we agreed upon and her signed affidavit of desistance still have a chance for the dismissal of the case filed against me? or is the agreement is just a waste on my behalf:(? pls i need ur answer..

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5 Re: i need ur advice..pls help.. on Thu Aug 26, 2010 6:18 pm

attyLLL


moderator
oh, the case was filed in court and you have already pleaded not guilty? pre-con and pre-trial is done? it's now presentation of evidence?

ra 9262 cannot be compromised so your agreement cannot be considered by the court. if she does not appear, then your recourse is to ask your lawyer to move that the case be dismissed for violation of your right to a speedy trial.

if she appears and testifies, have your lawyer bring out the fact from her of when you lost your job and regarding your sickness.

support is based on the needs of the persons to be supported and the ability to support. your inability to provide support and use of your funds to stay alive is your defense.


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