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the legal wife

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1 the legal wife on Wed Oct 29, 2014 4:39 pm

oliviasue


Arresto Menor
I have been working abroad since 2008. Just this year, the petition for my husband has been approved. However, when I was about to get him, he admitted having a mistress. Along with being hooked with gambling and drug addiction. Also, he had been verbally abusive and possessive. He asked for another chance and I willingly accepted and forgave him. However, he still sees that woman and still continue his vices. I don't want to take him with me anymore. I will file for divorce in Canada(I know that doesn't apply here). What legal procedure would be appropriate for this case? Concubinage(I know I need to secure concrete proofs)Legal separation? VAWC RA 9262? I don't want to file for annulment because that will make them legally free. They deserve to have a hard time. I have been a faithful wife and this is what I got! How awful! I don't deserve to suffer this pain. Your insights will highly be appreciated! THANK YOU!

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2 Re: the legal wife on Wed Oct 29, 2014 5:34 pm

Katrina288


Reclusion Perpetua
Hi, I'm sorry to know about what happened. No one deserves to experience those things.

Please find my answers to your queries below.

1. If you are still a Filipino citizen, the divorce that you will file in Canada (even if granted there) will not be valid here in the Philippines. In other words, even if your application for divorce will be granted in Canada, you will still be married in the eyes of the Philippine law. Philippines doesn't recognize divorce if it is obtained by a Filipino citizen. However, if you are a Canadian citizen, then yes, you can file for divorce and it will be valid here in the Philippines.

2. The following are available to you:

    a. Concubinage - This is a criminal case where both your husband and his mistress will be charged.
                             However, you should prove an binabahay na ng asawa mo yung              
                             kabit niya.

    b. Legal Separation - your ground would be sexual infidelity, grossly abusive conduct (if gross in
                             character) and drug addiction.

For more info, please send me a PM.
- Atty. Katrina

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3 Re: the legal wife on Fri Oct 31, 2014 11:17 am

mykel07


Arresto Mayor
tanong ko lang po atty. kung di po binabahay yun babae di pwede sampahan ng comcubinage?

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4 Re: the legal wife on Fri Oct 31, 2014 11:54 am

Katrina288


Reclusion Perpetua
Yes, Concubinage can be filed in any of the following situations:

1. Shall keep a mistress in the conjugal dwelling
2. Shall have sexual intercourse with her under scandalous circumstances
3. Cohabit with her in any other place

If mapatunayan mo ang isa sa tatlong 'yan, pwede ka makapagfile ng concubinage against your husband and his mistress.

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5 Re: the legal wife on Tue Nov 04, 2014 1:31 am

oliviasue


Arresto Menor
How much could be the possible lawyer fees to file for concubinage? A lawyer gave me his fee of 250k to file for legal separation(with grounds of RA 9262 and drug addiction). Very stressful to the pocket. More so, I have to beg for people to stand as witnesses and appear in court if necessary.

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6 Re: the legal wife on Tue Nov 04, 2014 8:32 am

mykel07


Arresto Mayor
oliviasue wrote:How much could be the possible lawyer fees to file for concubinage? A lawyer gave me his fee of 250k to file for legal separation(with grounds of RA 9262 and drug addiction). Very stressful to the pocket. More so, I have to beg for people to stand as witnesses and appear in court if necessary.

oo nga po e grabe kamahal...sana kung ganu kahirap magpa annul or makipag hiwalay sana ganun din kahirap mag pakasal para di lahat agad ng tao pwede agad agad pakasal...kahit sa kanto nakikita ko pwede na magpakasal...yun may mga sign na "NAGKAKASAL" valid ba magpakasal sa ganyan? tanong ko lang po...

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7 Re: the legal wife on Tue Nov 04, 2014 8:50 am

Katrina288


Reclusion Perpetua
oliviasue wrote:How much could be the possible lawyer fees to file for concubinage? A lawyer gave me his fee of 250k to file for legal separation(with grounds of RA 9262 and drug addiction). Very stressful to the pocket. More so, I have to beg for people to stand as witnesses and appear in court if necessary.

Hi, you don't need a private lawyer for filing a complaint for Concubinage against your husband and his mistress. It will be the Public Prosecutor who will handle the case.

However, for legal separation, it will be around 150k-200k.

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8 Re: the legal wife on Tue Nov 04, 2014 9:47 am

oliviasue


Arresto Menor
Hi Atty Katrina,

Are what the steps in filing concubinage?(assuming I will get to gather concrete proofs of the affair).
What could be the possible charges?

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9 Re: the legal wife on Tue Nov 04, 2014 11:15 am

Katrina288


Reclusion Perpetua
Hi, first you will have to give your statement in the police station of the place where your husband lives with his mistress. After that an affidavit about what happened will be forwarded to the Public Prosecutor of the Place where your husband lives with his mistress. The Public Prosecutor will conduct a Preliminary Investigation and ipapatawag yung asawa mo and yung mistress niya. They will be asked to say kung ano yung side nila,etc. If satisfied yung Public Prosecutor based dun sa evidence and statement na maaaring may Concubinage nga, then it will be filed it court.

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10 Re: the legal wife on Sat Nov 08, 2014 8:30 am

oliviasue


Arresto Menor
Can an affidavit from witnesses testifying about the relationship be considered as a concrete proof?

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11 Re: the legal wife Today at 4:08 am

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