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

What criminal case should i file?

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

1 What criminal case should i file? on Wed Sep 01, 2010 2:21 pm

pretnpink


Arresto Menor
Pls. help me.
My husband and I were married, we've been together for 12 yrs. Late 2008, I discovered about his mistress and their child who was 2yrs old then.Worst thing my parents-in-law tolerated them and they even let the mistress & the child live in their house (hubby & I were living with my parents, we're all in one subdivision). Thou I caught them for so many times, the girl will leave then after few weeks she will go back to my PIL's house (actually they're doing this as a routine). Everybody(including their neighbors)knew about this. Until last July 2009, I asked my hubby to leave our house since I can't take the situation anymore.He did. But Dec 2009 he came back to us saying that he will leave the girl and that he will try to change at the same time(he's a philandering irresponsible husband). But nothings changed. We separated again January 2010. Though I know I have a strong case against them, I chose to keep silent and go on with my life. I also learned that they are now living together in his parent's house with the child until now. Imagine how painful it is for me and for our son (he's 11 y.o)since we're all in one subdivision. in short, "nagpaubaya, nanahimik at tiniis" naming mag-ina ang lahat. Now that we're okay, we have finally moved on,here comes some malicious, insulting text messages from his mistress telling me how loser i am because my husband left us for her and their child. As expected, the girl denied it, playing innocent. Worst thing, my husband accused me of fabricating stories against his mistress. To the point na pinagtanggol nya pa si kabit sa anak ko and telling our son that she cant do that to us. I felt betrayed for the nth time. Masyado na kaming kinakaya-kaya, pinaglalaruan at iniinsulto. And now, I think it's time for us to fight for our right! Sila na nga may atraso sila pa matapang. It's payback time. I want to sue the mistress and my husband. What's the possible case i can file to them. I was able to secure copy of their child's birth cert, some pics flaunting their affair with the child. Everybody knew about their affair also coz bulgar na nga sila. I'd like to ask:

1. The case I can file against the mistress and my husband and how long is the imprisonment(I learned that concubinage is very difficult to prove. any other case?)

2. How much will it cost me to file the case?

3. If ever i already filed the case, is it still withdrawable?

4. procedures and where can i file it?

Pls pls help me. thanks

View user profile

2 Re: What criminal case should i file? on Wed Sep 01, 2010 6:44 pm

attyLLL


moderator
if he no longer gives support, you can file a case of economic violence against your husband.

i think concubinage would be your best case because you can establish they have a child and are living together.

cost depends on which lawyer you retain. if you go do it yourself, it will cost you very little.

why would you consider withdrawing the case? are you just leveraging to get more support? yes, you can desist.

you should file your case at the prosecutor's office at the place where you reside.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: What criminal case should i file? on Thu Sep 02, 2010 1:32 pm

pretnpink


Arresto Menor
attyLLL wrote:if he no longer gives support, you can file a case of economic violence against your husband.

i think concubinage would be your best case because you can establish they have a child and are living together.

cost depends on which lawyer you retain. if you go do it yourself, it will cost you very little.

why would you consider withdrawing the case? are you just leveraging to get more support? yes, you can desist.

you should file your case at the prosecutor's office at the place where you reside.

super thanks.

concubinage kahit po house yun ng inlaws ko and not our conjugal house? sabi kasi ng inlaws ko wala daw ako paki kahit sino gusto nilang patirahin sa bahay nila including the mistress kasi bahay nila yun.

how about yun mistress, may case ba pde sa kanya?

View user profile

4 Re: What criminal case should i file? on Thu Sep 02, 2010 2:38 pm

attyLLL


moderator
Art. 334. Concubinage. ó Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.


the case of concubinage should be filed also against the mistress but the punishment is just banishment.

you can also file a civil case for monetary damages against the mistress for meddling in your family affairs.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: What criminal case should i file? on Thu Sep 02, 2010 4:51 pm

pretnpink


Arresto Menor
attyLLL, withdraw because im having a hard time with our son kasi ayaw nyo po ipakulong ang father nya.if ever po ba possible din po kya magfile na lang ako ng petition na paaalisin na lang sila pareho (hubby & mistress)within our area since were all in one subdivision? kasi po maaaring makadagdag ito ng "Psychological violence" samin mag-ina as described in R.A 9262.

right now he doesn't have a permanent job, pa-sideline-sideline lang po sya. ayaw nya yata magwork pra wala rin syang obligation magbigay samin since jobless nga sya.

View user profile

6 Re: What criminal case should i file? on Thu Sep 02, 2010 7:53 pm

attyLLL


moderator
i'm afraid there is no legal basis to force them to change address.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

7 Re: What criminal case should i file? on Thu Sep 02, 2010 10:30 pm

sexual infidelity is also a ground under the VAWC law.

View user profile

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