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SPA for ra9262 and concubinage

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1 SPA for ra9262 and concubinage on Wed Aug 14, 2013 4:38 am

bullet28


Arresto Menor
i recently filed a case against my husband and his mistress of violation of ra9262 and concubinage. i was able to gather enough evidences. mails from him denying support, abusive text messages, pictures of them together, fb posts, messages from common friends etc. my dilemma is that i do not want to face him... it's hard and it will be very painful on my part.. my lawyer asked me to execute an SPA. question, is it advisable / acceptable for these type of cases? or will it have effect on the decision of the fiscal?

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2 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 10:18 pm

bullet28


Arresto Menor
anybody po who can advise? thank you!

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3 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 10:32 pm

Atty.Melki


Arresto Mayor
An SPA will allow your lawyer to represent you during hearings before the fiscal and the judge especially since you are not comfortable in seeing your ex. However, you and your witnesses need to be present when you submit your complaint affidavit and reply affidavit, when you testify in court, or any other time the judge or your lawyer asks for you to be present.

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4 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 10:58 pm

bullet28


Arresto Menor
thank you atty melki. i was with my lawyer when we filed the case. then i had signed the SPA. my ex will probably receive the subpoena next week. how does that work pala? assuming we will have settlement? can i include na i am not consenting on his extra marital affair and we had to be annulled first? pero kasi i do not want him back.. i want him to legalize everything first.

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5 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 11:05 pm

bullet28


Arresto Menor
he has no plans of annulling me... which i think is unfair considering he had already abandoned me and my child... no support and he has been very open about his illicit affair... the mistress is living on our conjugal dueling

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6 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 11:17 pm

Atty.Melki


Arresto Mayor
Ask your lawyer. Lolz. Don't make any mutual agreements regarding annulment.

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7 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 11:40 pm

bullet28


Arresto Menor
i was made aware that there should be no cohesion for annulment cases... one thing i could do is wait and see if he will voluntary file if since i have filed na a case against him. i find it ironic lang kasi na i am not taking him back pero i am not consenting on his affair and i can't force him to annul me. tas ako na nga niloko ako pa gagastos para maging free sya. Smile

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8 Re: SPA for ra9262 and concubinage on Wed Aug 14, 2013 11:49 pm

bullet28


Arresto Menor
don't get me wrong atty, used to love my ex... in fact i have done all possible ways to save the marriage... i even begged a number of times... but he wont stop the affair. it's really painful... they have now become very open and it's really causing me shame.

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9 Re: SPA for ra9262 and concubinage on Thu Aug 15, 2013 6:28 pm

attyLLL


moderator
majority of annulment cases are with consent of both spouses.


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10 Re: SPA for ra9262 and concubinage on Thu Aug 15, 2013 6:31 pm

bullet28


Arresto Menor
what does that mean attyLLL? "with concent of both spouses"?

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11 Re: SPA for ra9262 and concubinage on Thu Aug 15, 2013 6:35 pm

bullet28


Arresto Menor
*consent

how will that happen? is there a way you can persuade him to annul me? problem kasi is he has no intention of doing it. gusto nya deadma lang Smile as in binabahay nya ung babae nya ngayun not providing my daughter support. tas bulgar din sa social media sites ung affair.

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12 Re: SPA for ra9262 and concubinage on Thu Aug 15, 2013 6:37 pm

bullet28


Arresto Menor
a way for me or the law to persuade him to annul me i mean

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13 Re: SPA for ra9262 and concubinage on Sat Aug 17, 2013 2:47 am

crazygurl


Arresto Menor
ask ko lang po magkano po magagastos sa magfile ng case?same po kasi tayo ng situation. Kaso dito pa po ako abroad. di ko po alam panung step gagawin ko para mgfile ng case. buntis na ung girl at nagsasama na sila.

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14 Re: SPA for ra9262 and concubinage on Sat Aug 17, 2013 4:34 am

bullet28


Arresto Menor
hindi grounds ung infidelity for annulment crazy girl... ako i want to establish sana psychological incapacity... 250k ung quote sakin ng lawyer ko. pero sice buhay ko na nga saka buhay ng anak ko sinira nya alangan naman ako pa magpaanul. so i charged him of concubinage kasi nagsasama na din sila.

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15 Re: SPA for ra9262 and concubinage on Sat Aug 17, 2013 10:31 am

bullet28


Arresto Menor
if you are refering naman on filling a criminal charges againts them you can directly go to the prosecutor's office. free naman ung services nila. but if u have the means naman i would stongly suggest a private lawyer para ma guide ka. saka like what i have said nga.. ako in my case di ko gusto makipagusap directly as ex ko. so hiring a private lawyer would be the best solution. ung rate nila depende sa lawyer na kukunin mo... acceptance fee ranges around 15-50k plus 4k every appearnance nila tas iba pa like fee sa affidavit etc.

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16 Re: SPA for ra9262 and concubinage on Sat Aug 17, 2013 8:05 pm

arlenoks


Arresto Menor
kababalik ko po ng abroad.during po ng bakasyon ko nag file po ako ng kaso sa husband ko at sa babae na ka live in nya.na recieve po nila ang subpoena the day ng flight ko.nasa akin po lahat ng ebidensya buhat sa blotter,bpo,certification na nakatira po sila sa isang room..sapat na po ba yan na ebidensya para sa kasong 9262 at concubinage..gumawa rin po ako ng spa para tumayo habang nandito po ako sa abroad.pls advise

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17 Re: SPA for ra9262 and concubinage on Sun Aug 18, 2013 8:22 am

bullet28


Arresto Menor
only the court can decide... but from what i have read that would make a pretty decent evidence (ako nga wala ganyan... hehehehe)... pero i also charge him kasi of economic abuse and i have proof tht he is denying my daughter support... let see how it goes... magpapadala pa naman un ng counter affidavit eh. good luck satin! sana we get the justice that we deserve Smile

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18 Re: SPA for ra9262 and concubinage on Mon Aug 19, 2013 2:01 pm

attyLLL


moderator
arlene, not sure what that certification is, but i hope it is at least notarized


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19 Re: SPA for ra9262 and concubinage on Mon Aug 19, 2013 2:04 pm

bullet28


Arresto Menor
attyLLL, may i follow-up on my previous quetion on what do u mean by "most annulment cases has consent from both spouses?"

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20 Re: SPA for ra9262 and concubinage on Mon Aug 19, 2013 7:52 pm

arlenoks


Arresto Menor
attLLL.yan po yun certification ng owner ng house na doon po sila nakatira at dinala ko po sa baranggay para sa seal..acceptable po ba yan na isa sa ebidensya?

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21 Re: SPA for ra9262 and concubinage on Sun Aug 25, 2013 10:52 pm

arlenoks


Arresto Menor
hello po attyLL,ask ko po sana kung sinagot po nila yun counter affidavit sa kaso na ginawa ko sa asawa ko at sa babae..paano po yun wala po ako sa pilipinas para sa hiring..pero myron po akong SPA.na iniwan..at ang ikinababahala ko po na ma dismiss lang daw po yun kaso kasi wala po ako dun..yun mga ebidensya ko po ay hawak ng attorney ko at ng SPA ko at isa rin po sa akin..sa kaso po na act 9262 at concubinage,,hawak ko po ang blotter frm police..BPO from barangay..copy po ng coversation naming tatlo sa brygy,,piture na tirahan po nila,,at yun certification po ng may ari ng inuupahan nilang bahay,,,naka attach din po ang marriage contract namin at mga birth certificate ng mga bata. attyLL sapat na po ba ito na ebidensya sa kaso ko..pls po advise kasi nagaalala po ako...thanks and more power,,

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22 Re: SPA for ra9262 and concubinage on Mon Aug 26, 2013 8:20 pm

attyLLL


moderator
arlene, you really should just discuss this with your attorney.


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23 Re: SPA for ra9262 and concubinage on Sat Aug 31, 2013 10:14 pm

Maan Reyes


Arresto Menor
Paano po kung ayaw makipag usap ng husband ko to make arrangements dahil may Nanak kami, properties and kinuha rin ho nya lahat ng gamit ko & left me with nothing... no home, no savings & no job kasi kinuha rin nya docs ko. Ako pa lang pinagbintangan having an affair samantalang dyan lang may babae. May magagawa po na ko to force him na mag usap kami?

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