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HELP!!! ASAP!!! PLEASE!!! BOTH SEPARATED(NOT LEGALLY) AND LIVING TOGETHER FOR A YEAR.

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ChoyI


Arresto Menor
These are Filipinos, male and female, the female separated from her husband (legal) due to his drug addiction and neglect to their lives, they have a son, 7 years old.
Now, when they separated, the female furnished a written agreement that;
the husband will never, in any way, interfere, or legally complaint, disregarding his marital rights to the female,
and also included in the agreement, that he is giving full custody to their son, to the wife.
It was signed by the husband, witnesses and by barangay Chairman.

Almost a year has past, the female had another man in her life since the agreement and had a child. There was no contact from the husband since then as well.
Suddenly the husband returned and insisting to get their own child and threatening to file charges if their son won't be given to him.

Now my questions are:
Can the husband file charges, in spite of the agreement and blotter for physical injuries, grave threat?
Can the wife and his man win the case if bigamy was filed by the addict husband, who is up to now and addict?

Please respond ASAP, because the husband up to now is still bothering them and managed to complaint them (Wife and his man) to the Barangay office.



Last edited by ChoyI on Mon Feb 10, 2014 12:31 pm; edited 2 times in total (Reason for editing : follow up message..)

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Caring Father


Arresto Menor
ChoyI wrote:

Almost a year has past, the female had another man in her life since the agreement and had a child.

Now my questions are:

Can the wife and his man win the case if bigamy was filed by the addict husband, who is up to now and addict?

Why would the addict legal husband file for Bigamy ? His legal wife would not be able to re-marry legally. All he could file for is adultery and concubinage, but I am led to believe that a lot of evidence is required to be able to have enough proof for a Court (I'm not legally trained, I just read the laws of Philippines online)

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AWV


Reclusion Perpetua
Will not prosper as he is not a good citizen one of the grounds for annulment are mentally incapacitated and drug addictions! This will not give him liberty to file a case against the wife because he is a useless citizen. In order to get the side of the prosecutor he has to be decent and respectable person and has decent job and can maintain and provide for the family.

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AWV


Reclusion Perpetua
Any spouse who's life is at risk of a drug addict spouse is a passes to freedom! No judge in their right frame of mind will take the useless citizen's side!

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ChoyI


Arresto Menor
I've read just now, and I thank you so much. I'm not a lawyer, but most of the time, watch legal forum tv shows. It's good to know that I am right in my belief.
THANK YOU SO MUCH GUYS!!!

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concepab


Reclusion Perpetua
Now my questions are:
1 .Can the husband file charges, in spite of the agreement and blotter for physical injuries, grave threat? Yes. A Barangay agreement cannot nullify any marriage.

2.Can the wife and his man win the case if bigamy was filed by the addict husband, who is up to now and addict? Since the first marriage is still valid, bigamy will prosper. Although mental incapacity of the husband can be use as aground for annulment, but that doesn't mean the wife can get married to another man without annulment. [/i]

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AWV


Reclusion Perpetua
Technically yes! but we are not talking about nulification here, he is inquiring about the husband's possibility to sue the wife, but how could he? He is a drug addict, presumably he is also a pusher if he resell drugs so I doubt he will dare to expose himself to court! Rolling Eyes

Remember that in this case only spouse can sue their spouse and drug addiction is one of the ground for annulment so if his marriage get annuled and he was proven drug user, he will also end up in jail. affraid

Plus the penalty for concubinage, adultery, bigamy is not longer than Drugs case which is lifetime, I believe! m3

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concepab


Reclusion Perpetua
AWV wrote:Technically yes! but we are not talking about nulification here, he is inquiring about the husband's possibility to sue the wife, but how could he? He is a drug addict, presumably he is also a pusher if he resell drugs so I doubt he will dare to expose himself to court! Rolling Eyes

Remember that in this case only spouse can sue their spouse and drug addiction is one of the ground for annulment so if his marriage get annuled and he was proven drug user, he will also end up in jail. affraid

Plus the penalty for concubinage, adultery, bigamy is not longer than Drugs case which is lifetime, I believe! m3

Yes, the inquiry is if it is possible for the husband to sue the wife? The answer is always yes. The crime of bigamy was committed therefore the possibility to file a case is possible. The “allegation” of the husband is an addict cannot bar him from filing a case against the wife. And if his addiction is proven so, that cannot dissolve or nullify the existing marriage and most of all cannot take away the right of the legal husband. The addiction of the husband does not grant the wife the right to marry another guy.

Secondly, bigamy (if ever the wife married another guy) is a public offense and a crime against status, anyone who have enough knowledge of the crime can file a case against the offending party/person. With adultery/concubinage, only the offended party can file a case, in bigamy it is not like that. And in bigamy, a pardon from the offended spouse will not stop the prosecution of the case.

Addiction is not a ground for annulment but for legal separation only.

Again, the drug addiction of the husband cannot nullify or dissolve the existing marriage more likely can grant the wife the right to remarry another guy.

If the husband is a drug addict or a pusher, a case should filed against him likewise to the wife who married another guy.

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AWV


Reclusion Perpetua
We know that! But the fact that he is into addiction most of them will not dare to expose themselves to authority! These people fear too much for nothing! For me! I worry about problems as it happens!
To many people commit adultery, concubinage, bigamy if that is the case, most of them can be easily sued, we won't have enough place to lock them all up! affraid

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AWV


Reclusion Perpetua
ChoyI wrote:I've read just now, and I thank you so much. I'm not a lawyer, but most of the time, watch legal forum tv shows. It's good to know that I am right in my belief.
THANK YOU SO MUCH GUYS!!!

ChoyI, if I were you I'll make sure that you have this drug addict locked up, Report him to Drug enforcement Agency, Anti-illegal drugs or Anti-narcotics Unit etc.
To ensure he cannot do any move against his wife or harm his wife! m3

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ChoyI


Arresto Menor
I really appreciate the knowledge I'm getting.
A good thing the wife did not remarry, so I believe that bigamy would be dismissed.
And I read, I some sites I can't remember, that if the husband will file concubinage or adultery, the wife can request for legal separation then concubinage or adultery will be dissolved. But do correct me if I'm wrong.
Since it's indicated in the baranggay agreement that the husband is an addict and unable to support his own family, in all aspects, especially financially, I believe the wife has enough reason to file legal separation. But that does not grant the right to remarry. Also she can request for TRO I believe, against the husband. Or better report him to the police of his drug addiction..

Thanks, and once again, I enjoyed different view on this situation.. It will surely help a lot.

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concepab


Reclusion Perpetua
And I read, I some sites I can't remember, that if the husband will file concubinage or adultery, the wife can request for legal separation then concubinage or adultery will be dissolved. But do correct me if I'm wrong. that a big wrong! edi sana wala nang nagsasampa ng kasong concubinage or adultery.

the best way to avoid further harm is to file a petition for a "Protection Order". and then a petition for legal separation. but again, that doesn't dissolve the existing marriage. if the wife will marry another guy, she will be committing bigamy.

What the wife need to do is get a lawyer and see if there is a way for legal separation or annulment.

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Victoria_Salazar


Arresto Menor
I agree with CONCEPAB, not any of the situations they are into now can give the wife to re-marry nor live with another man in this case. The problem with the husband (addict etc) is another issue that will be seen in court. The wife had a child with another man, and basically that child will be considered as the first husband's own since the marriage is still valid. But NOT until proven in the court, like DNA test, and therefore, adultery (for the woman) will be proven.
The situation of the wife NOW happened first while her marriage with the first husband is still very much VALID and so adultery will prosper REGARDLESS of the first husband being an addict, incapability of financial assistance, brgy agrrement etc. The wife SHOULD have done filing an annulment FIRST (using addict etc as grounds) before living with another man and NOT the situation she's into now. Her "offense" happened first..

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ChoyI


Arresto Menor
Thanks so much guys...
Greately appreciated..

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