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Wife planning to file multiple cases against mistress but dont know where to start

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clrc78


Arresto Menor
My husband has a mistress who bored teenage son with him.Actually I didnt know about it til last December 2009.I also found out that during all these years they always traveled together abroad with mistress using my husband's last name in the passport.I heard from a friend from BID she saw mistress name in one document at their travel to Japan .I couldnt file any case against my husband becuz I have no work at the moment I had to resign few years ago to take care of our special child. I have two kids with my husband.At the moment I have to pretend we are ok becuz I am preparing docs that all our conjugal properties will be dissolved and everything be given to me for my children alone likewise I have prepared a Deed of Donation for the properties that he will inherit so that everything will go to my children and none will go to his illegitimate child.I have informed DFA as well as the Japan and Chinese Embassy thru email regarding the unauthorized use of the my husband's surname by the mistress.I did not get any reply from them.I am very much married to my husband and have a legitimate marriage contract filed at NSO, the name he is using in all his IDs and business transactions different for his name indicated in his birth cert.The problem is how can I get a copy of their marriage contract from NSO with my husband probably using his name indicated in the birth certificate cause I dont know the date and place of their supposed marriage.There must be a marriage contract cause how was the mistress able to become my husband's wife in all her travel documents.How will I approach NSO if I do not have the other information ?I want to file cases against the woman first for falsification of public document, for fraud and misinterpretation, Anti-alias Law and R.A.9262.Thank you Atty hope you will reply soonest.

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attyLLL


moderator
ok,i remember your case, but next time better to post on your past threads rather than open a new one.

those embassies will not entertain emailed complaints when there is no proof or they have their own process how to handle such complaints.

what you can do with the nso is to request for CENOMAR of your husband. pretend that he's just your fiance. if he used the same name and details in both marriages, both will appear in the certificate.

and note, the illegitimate child has no fault in this, he is still entitled to support. and to inherit from his father
at the rate of half that of a legitimate child.


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clrc78


Arresto Menor
ok atty sorry about that i didnt know it has to be done that way anyway just updating my case.actual i send the embassies letters already in addition to my emails with attachments of some documents.i know that the illlegimate child has no fault in this but for the 16 years he grew up, my children was deprived of their father, my daughter rebelled in fact almost committed suicide twice because she knew about the illicit love affair and she knew he went home to the mistress but his alibi was he was working overtime because he he had a special child with me to support. now maybe its time for me do something for my kids that is the reason why I had to get all his properties and leave nothing for his illegitimate son.i really dont care how he gives his support to his child but nothing can stop me from giving my children what is due them.thank you for your advise regarding the CENOMAR.I will update you on this as soon as I have contacted NSO

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clrc78


Arresto Menor
gud am.thank you very much for your advise regarding the CENOMAR. I discovered my husband got married to his mistress using his name in the birth certificate last 2004. We were married last 1986 using the name in his I.D.s and all personal and business transactions. His name in the birth certificate he only used it for his passport and now the new marriage contract.I would like to know Atty what our status now? Is his second marriage null and void? I want to file a case against the mistress.I want to file bigamy and concubinage against my husband.What are the consequences? Are they both goin to jail?Please help again. thank you.

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attyLLL


moderator
why is he using a different name in his IDs? is it a slight variation or is he an illegitimate child using the surname of the father?

his second marriage is void. while he is using two names, they both refer to the the same person. your marriage is valid.

You should consider the practical considerations and risks in filing a case because you are living with him.

the anti-alias law case against the mistress will not prosper because she has a marriage certificate. she will be shielded by the certificate also against concubinage. can you prove that she knew him to be married to you before the marriage?

the bigamy case has a very good chance of succeeding. the challenge will be to prove that the two names refer to the same person.

if you will persevere to file a case, i recommend you retain legal counsel rather than going at it by yourself. your first step will be to draw up a complaint affidavit.


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clrc78


Arresto Menor
My husband is not an illegitimate child,his parents just name him
after the father because they have not thought of a name for him when he was born. The name that he really uses came from the names of his godparents when he was baptized.The mistress knew he was married even when she got pregnant with his child 17 years ago.Even his child was name after him using his i.d name.He said he got married to her last 2004 just so his son could carry his name.That was his excused. I confirmed about their affair when I saw the facebook of the mistress using my husband's surname and their pictures together like family was all over the facebook of the mistress.I saved all the evidences from her facebook acct now she went back using her maiden name.Their son on the other hand proudly uses his full name indicating the surname of the mother and surname of my husband. If I file for bigamy atty, will both of them go to jail?

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attyLLL


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bigamy will only be against the husband. the wife can be charged with contracting marriage against provisions of laws if it can be proved she knew him to be married.


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clrc78


Arresto Menor
Gud evening atty.The past few weeks after my husband found out about the CENOMAR that you recommended he couldnt sleep anymore for fear that I will file a case against him. He couldnt accept the idea that he will be jailed for bigamy and concubinage.anyway atty he is asking me how he can dissolve his second marriage to his mistress from a civil court in baguio where they supposedly got married and likewise from NSO file.Also he wants to changed his name in the birth certificate to the real name he is using in all his transactions and I.Ds.how will he go about it? thanks atty.

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attyLLL


moderator
looks like you achieved a tremendous victory. i hope it will lead to better family relations between you and your husband. i always believe getting caught leads to reformation.

have you reconciled? do you wish to mitigate the risk of exposing your husband to a criminal charge? if so, then you can be the petitioner to annul their marriage. the prime difficulty is this difference in name. you will have to prove that name A and name B are one and the same person. i would not recommend that he testify so you will need his IDs using the two names and other evidence and testimony.

note this is not fool proof. any person can file the case of bigamy against your husband. filing the case will increase the number of persons who can do so. and dissolving the second marriage will not obviate the fact of the crime.

you can also consider just putting this in the back burner. sometimes the threat of, rather than the actual, filing of a case has greater effect. you have 15 years to do so. the reverse side though is that the legal effects of his other marriage will continue to subsist.

as for his use of the other name other than the one in his birth certificate, that will depend what these docs are. for the most part, such as SSS, BIR, driver's license he can inquire how to change his name to conform to that on his birth certificate. for private docs, he can simply switch to the correct one.


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clrc78


Arresto Menor
Thank you very much atty for you quick reply.Actually my husband and i have not separated even after i found out about his infidelity last december.the reason why bec. i want to fix our conjugal properties, dissolved it and put it all in my name.have done that already.my next move is to prepare the deed of donation for the other properties which are not conjugal.am starting that.along the way, i found out with your big help that he is married to his mistress.that is a very big threat to him for fear that I will file a concubinage case and bigamy against him.my siblings know about it and they are trying to help me cope with this problem emotionally and financially.my husband's family doesnt know about the mistress and his illegitimate child.I want to keep his image clean inspite of everything.I have not yet decided on what to do with him it will all depend on whatever evidences I will be gathering.For now, he wants the second marriage dissolve.Can he do that? For our marriage he used the name he is know to many, known in his IDs and business transactions.As for the second marriage, he used the name that was given to him in his birth certificate and also in his passport but people dont know him by that name.He wants to change is name totally in his birth certificate and passport and be know by the name he is using in all his IDs.I told him that wont dissolve your second marriage even if you change your name .What does he need to do atty to change his name totally? does it need a judicial order?Can he file a petition in the court in baguio where they were civilly married on the basis that it is bigamous?

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attyLLL


moderator
you can be the petitioner to annul their marriage. the prime difficulty is this difference in name. you will have to prove that name A and name B are one and the same person. i would not recommend that he testify so you will need his IDs using the two names and other evidence and testimony.

what name will he change, on the birth certificate? that will require a judicial order.

if he will file case to dissolve the 2nd marriage, he should file it in his or the girl's residence. note that he will be made vulnerable to bigamy if does so.


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clrc78


Arresto Menor
Thank you very much atty for your advices.You had been a big help and have boosted my confidence ever since this problem cropped up last December. This has been a very critical period for me, the worst than when I found out my son had autism 15 years ago.I am doing this too for my 23 year old daughter who was the one who was greatly affected by this illicit affair of her father when she was still 9 years old and almost committed suicide twice becuz of the mistress.I didnt listen to her that was my big fault. Can my daughter file a case against the mistress or her father?I will keep you updated on the results...thank you once again.God bless for your continuous help to those who need your legal advices.

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attyLLL


moderator
please see my private message to you.


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