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

CONCUBINAGE COMPLAINT

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

1 CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 12:02 am

PHRSAK


Arresto Menor
Hi Atty,

I am currently faced with a concubinage and RA 9262 complaint from my ex wife. Although it's true that I have a new family with a newborn daughter, My ex wife was the first one who committed adultery in a span of 5 years during our marriage.

I found this out and kicked her out of our house. At first I have our daughter with me (age 10) and I just "share" her with my ex-wife during weekend. During the months that followed my daughter refused to live with me and opted to be with her mother.

I continued on with my life and now fathered a daughter. I see my daughter (original) often during school and give her allowance for the week.

Does my ex-wife have grounds for this case?

View user profile

2 Re: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 8:47 pm

attyLLL


moderator
i'm afraid her adultery does not shield you from your liability for concubinage, if it can be proven.

what is the basis ra 9262? physical, psycho, or economic violence?


_________________
[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: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 9:37 pm

PHRSAK


Arresto Menor
It's economic attorney, she is saying that what I am giving our daughter is not enough. We even went to the baranggay and she demanded I also support her. I refused of course, that is why she filed this case.

As for her adultery, I am currently in contact with the wife of my ex-wife's paramour. She witnessed them cohabiting in 1 house (this is during our marriage as she is saying that she stays with her mother at that time to save on commuting). Would this be a strong case if I get her to testify? and can I use this as leverage to have her retract her complaint?

lastly, what would be the worst judgement if found guilty of concubinage for me?

thanks a lot attorney.

View user profile

4 Re: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 10:18 pm

attyLLL


moderator
best to prepare your counter affidavit. try to show while there was no intent to control her because of it. this is one of the elements of economic violence.

you can try to leverage the adultery to get her to desist from concubinage.

concubinage is punished by 6 mos to 4 years


_________________
[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: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 10:43 pm

PHRSAK


Arresto Menor
thanks attorney for the quick response although I'm a bit lost in your fist advise regarding the counter affidavit. Forgive me but I need to ask what should I put in my counter affidavit in laymans terms. Embarassed.

And if i indeed pursue the adultery case against her would the case be strong? considering I have a witness which is also the wife of my ex-wife's paramour?

Thanks very much!!! i really appreciate all your help. God bless you!!

View user profile

6 Re: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 10:52 pm

attyLLL


moderator
note this is my own interpretation of ra 9262. for econ econ violence to prosper, it should be shown that the deprivation of support was meant to control the the actions of the woman. like blackmail. no support if she will not act accordingly.

i highly recommend you get legal counsel to assist you.


_________________
[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: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 11:48 pm

PHRSAK


Arresto Menor
again I thank you attorney, I will seek legal counsel as per your advise.

I'll keep you posted.

God Bless!!

View user profile

8 Re: CONCUBINAGE COMPLAINT on Thu Nov 04, 2010 11:51 pm

PHRSAK


Arresto Menor
follow up question attorney, do we have a specific law regarding adultery?? I mean like with VAWC which is ra 9262..I'm just curious..thanks again.

View user profile

9 Re: CONCUBINAGE COMPLAINT on Fri Nov 05, 2010 9:10 pm

attyLLL


moderator
adultery is defined in the revised penal code.


_________________
[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

10 Re: CONCUBINAGE COMPLAINT on Wed Nov 17, 2010 5:16 pm

PHRSAK


Arresto Menor
Hi Attorney,

I already have a legal counsel and my attorney is looking at the nullification of my marriage contract by virtue of the last name used by my ex. She used the last name of the man who was living with her mother at the time and now she changed that to her mothers' surname via an affidavit only. My attorney would contest that since she is this name when we got married but she is actually this name as per her affidavit our marriage should be nullified. Can you provide insight on how feasible this strategy is??

View user profile

11 Re: CONCUBINAGE COMPLAINT on Wed Nov 17, 2010 7:07 pm

attyLLL


moderator
if you have legal counsel, then you really should discuss this matter with him. a marriage certificate is considered valid unless there is a judicial order declaring it a nullity.


_________________
[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

12 Re: CONCUBINAGE COMPLAINT Today at 1:58 am

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