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REPUBLIC ACT 9262

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1 REPUBLIC ACT 9262 on Fri Nov 12, 2010 9:17 am

yonni143


Arresto Menor
Hi to all! My friend(girl) has an illegitimate child with his bf. However, bf left gf. My friend now is planning to file a case against bf for not supporting their child financially, I'm probable the best remedy would be republic act 9262. However, my uncle said that the case will not prosper beause bf in the first place has no work. Btw, the Father acknowleged the child to be his own by signing the birth certificate.
Here are my questions then,
1. Was my uncle correct?(that the case will not prosper because bf has no work)
2. What if Bf finds to be guilty, is he oblige to support the child? or he will just be imprisoned.
3. What if bf will claimed that he has no assets/no source of income, does he have the burden of proving that he has no assests or gf has the burden of proving that bf has assets.

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2 Re: REPUBLIC ACT 9262 on Sat Nov 13, 2010 6:52 am

attyLLL


moderator
This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

At the minimum, a case filed may serve as a wake up call to the bf, but indeed there is no guarantee that there will be probable cause found against him if he has no source of income. she should show:

1) there is deprivation of support
2) the intent is to control her actions

another possible remedy is the filing of a civil case for support, but a criminal case can be more coercive. if there are no assets, i'd go for the criminal case.


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3 Re: REPUBLIC ACT 9262 on Sat Nov 13, 2010 7:19 am

yonni143


Arresto Menor
thanks for the rep attyLLL.

1. If my friend will file a criminal case(RA 9262) against his bf. Will the case prosper assuming her BF has no assets?

2. If BF really has assets but he intentionally denied that he has none so does he will not be guilty or liable,who has the burden of proof? Does BF has the burden of proof that he needs to prove he does not have assets, or GF has the burden of proof that she Needs to prove that BF has really assets.

3.Aside from imprisonment, What are the effects if BF found guilty of RA 9262 ?
4. attyrny, can you elaborate on this ground "the intent is to control her actions"
5. What ideal civil case should my friend file aginst her BF

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4 Re: REPUBLIC ACT 9262 on Sat Nov 13, 2010 3:54 pm

attyLLL


moderator
if she can prove the elements, then the case will prosper.

it will be better if she can prove that he has assets. the one making a positive claim has the burden of proof.

for a criminal case, it can only be imprisonment and a fine.

it has to be shown that he is depriving her of support in order to affect her behavior. ie sex for support or visitation for the child.

she can file a petition for support, or if there was ever any threats of violence before, a petition for temporary protection order and support.

as an initial step, she should send a demand letter for support and/or file a case at the bgy of his residence.


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5 Re: REPUBLIC ACT 9262 on Tue Nov 16, 2010 11:47 pm

ana


Arresto Menor
follow up question lang po atty regarding sa topic criminal case of ra9262..what if kung nakulong at nag bail yung guy?does it mean yun na yun tapos na at wla na talaga habol ang bata sa support?magkano po ba ang bail?bka kc magpakulong na lang yung guy kaysa magsustento habang buhay sa anak kung ganun...di po ba pwede makakuha ng financial support sa parents ng guy kung may income naman ang parents niya?

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6 Re: REPUBLIC ACT 9262 on Wed Nov 17, 2010 7:02 pm

attyLLL


moderator
yes, she can file a case to get support from the parents, but that is a civil case, not criminal.

bail is just for temporary liberty, the case will go on. if he is in jail, it will be unlikely he will be able to provide support.


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7 Re: REPUBLIC ACT 9262 on Wed Nov 17, 2010 8:00 pm

ana


Arresto Menor
kung civil case naman po ang ikakaso sa parents niya...ano naman po punishment if di po cla nag support?thanks po

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8 Re: REPUBLIC ACT 9262 on Wed Nov 17, 2010 8:51 pm

attyLLL


moderator
none, it is not considered a crime, but the court can order that their assets be taken to support the child.


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9 Re: REPUBLIC ACT 9262 on Thu Nov 18, 2010 6:59 pm

ana


Arresto Menor
if ever i would file against my husband regarding financial support..how long would it take>?gaano po ba katagal ang process/hearing?how much if i would hire a lawyer ?thanks

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10 Re: REPUBLIC ACT 9262 on Sat Nov 20, 2010 7:56 am

attyLLL


moderator
preliminary investigation takes 3-6 months, sometimes longer. cost depends on which lawyer you retain.


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11 Re: REPUBLIC ACT 9262 on Sat Nov 20, 2010 8:11 pm

resjudicata


Arresto Mayor
Yonnie143: If in case, the support for your friend is really immediate, anybody within your group, who is really determined to help her, can use this provision under the Family Code
Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall apply particularly when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed.

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12 Re: REPUBLIC ACT 9262 on Wed Dec 01, 2010 10:55 am

cezm


Arresto Menor
question po..i am 5months pregnant and nakafile na po ang case ko againts my former live in partner.may subpoena po na dumating from the fiscals office.pinapatawag po kami on December 15..tanong ko lang po kung pano po kaya kung hindi nya iacknowledge ang baby namin at ideny na sya ang ama ng batang dinadala ko? pwede po bang gawing grounds yun para ipursue ang kaso sa korte mismo para maiutos ng korte na ipaDNA test ang baby namin? kasi pi wala po ako pambayad sa DNA test eh.and Im sure po na hindi sila gagastos para sa DNA test.may nabasa po kasi ako na pwede daw pong ipag utos ng korte na ipaDNA test ang baby after giving birth.kund di po ako nagkakamali,wala pong bayad ang ganun kapag galing sa korte ang request.ano po ba ang magiging liabilities ng dati kong partner kapag napatunayan na sya talaga ang ama ng bata?

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13 Re: REPUBLIC ACT 9262 on Wed Dec 01, 2010 12:06 pm

resjudicata


Arresto Mayor
Cezm: Expect that your former live-in partner will block all your legal moves to pin him down and be made liable for his obligations,and violations, specifically, of RA 9262. It's better for you to hire the services of a lawyer so that you will be properly guided in your next move.

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14 Re: REPUBLIC ACT 9262 on Thu Dec 09, 2010 11:57 am

cezm


Arresto Menor
i learned that the guy was planing to leave the country para makatakas sa responsibilidad at pananagutan sa bata.ang gusto po kasi ng mother nya eh wala ng pananagutan ang anak nya sa akin kaya po minamadali nila ang pag alis ng former partner ko..Ano po ang dapat kong gawin?

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15 Re: REPUBLIC ACT 9262 on Thu Dec 09, 2010 5:00 pm

attyLLL


moderator
cezm, please stop posting the same question multiple times.


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16 Re: REPUBLIC ACT 9262 on Fri Jan 14, 2011 2:23 pm

Momandbaby


Arresto Menor
good day atty! i just want to ask, almost the same situation po kami ng friend ni yonni143.in my case naman po,hiwalay po sa asawa ang x ko(on the process ang legal separation nila), my x didn't acknowledge my son(didn't sign the birth certificate).pero when i was still pregnant, humarap naman po sya sa family ko to assure us that he'll support the child. Everything change nung malapit na ako manganak kasi he has a new relationship na pala. He denied the child na sa friends nya and stop his support financially when i gave birth. i sent him a demand letter (support, affidavit para acknowledge nya ang baby),but didn't hear anything from him. 1st question: by this time,pwede na po ba ako mag file ng case violation of RA 9262?i suffered depression din po when i was pregnant kasi minsan na lang po sya tumatawag sa akin(he's a seaman), bothered, which affects my son now, under observation po baby ko for cerebral palsy. and i felt na may iba na po syang ka-relasyon that time (which na-confirm ko naman sa kanya). 2nd

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17 Re: REPUBLIC ACT 9262 on Fri Jan 14, 2011 5:13 pm

Momandbaby


Arresto Menor
Follow up question po.. 2nd question: can i file a hold departure order against my x pra hindi muna sya makaalis ng bansa? 3rd question: pwede po ba akong kasohan ng legal wife nya kahit hiwalay na sila?if ever,anong case po?hope to hear from you..will appreciate it a lot.thanks..

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18 Re: REPUBLIC ACT 9262 on Sat Jan 15, 2011 1:50 pm

attyLLL


moderator
mom, in my opinion you would have to need better evidence that he is the father, such as a written admission from him. without this, it will be difficult for a complaint of ra 9262 to prosper.

what you can explore is a petition for filiation so that the child can properly be shown as the child of the father and be entitled for support. he might enter into an agreement to acknowledge the child and provide support.

the nice thing about ra 9262, is that even if it does not work out, you can request for a 60 day watch list order.

if the wife can prove you lived in with him, then she can file a case of concubinage against you.


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19 Re: REPUBLIC ACT 9262 on Sun Jan 16, 2011 7:29 am

Momandbaby


Arresto Menor
Thanks a lot atty..

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20 Re: REPUBLIC ACT 9262 on Sun Jan 16, 2011 7:38 am

Momandbaby


Arresto Menor
Last po atty.. what will happen if there's a 60 day watch list order? and if his wife can't prove that we lived in because we really didn't, but will soon know about the baby, can she still file the case against me?

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21 Re: REPUBLIC ACT 9262 on Mon Jan 17, 2011 6:44 pm

attyLLL


moderator
if your name is on the watchlist, then you will not be allowed to exit the country.

she can file the case, the question is whether it will prosper. it depends on the evidence.


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22 Re: REPUBLIC ACT 9262 on Tue Jan 18, 2011 1:24 pm

Momandbaby


Arresto Menor
Thanks a lot po...

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23 RA 9262 on Tue Feb 01, 2011 8:30 am

gleo


Arresto Menor
May naka live in po akong babae ngkaanak kami pero hindi kami kasal. May iba din syang anak sa ibang lalaki pero ako yung ngprovide ng needs nila lahat at ngpaaral dun sa isang anak nya at hindi nya dinimanda yung tatay nung isang anak nya.I decided to stop my financial support with ff. reasons

1. I caught the girl having an affair with other guy, I have proofs and she also admitted it.One of her confessions is that "Pinaptulog nya muna yung mga bata at makikipagkita sya sa other guy. Though nalaman ko na lahat ng ginwa nya ngbigay pa din ako ng chance para sa anak ko pero talagang wala syang pinagbgo.

2.She uses our child to get some money from me and also to threaten me such as "Ipapaalis nya yung surname ko sa bata".

3.Nwalan ako ng trabaho dahil sa ginawa nyang kahihiyan sa akin. Kaya kahit makulong ako wala talaga akong pang support

4.I offered her before if she cant provide financial support just let the child be in my custody. And she replied this statement "Hindi sya maghahabol sa akin". But it turned out differently.

May law po ba tayo na ngbibigay din naman ng protection sa isang katulad ko? Ako po yung lalaki pero ako ung agrabyado sa situation namin.
Is their any way na pwede kong labanan yung girl at makuha na lang custody nung bata kesa hayaan ko na gamitin nya yung bata sa pnghingi ng pera?
Ilang months po ba usually yung ganitong case kasi nakakapgtaka po nktnggap akong demand letter sept. 2010 tapos ngayon po sinsabi na denied yung motion of reconsideration ko at nasa regional trial court na po ganun po ba kabilis yun? At magkano po ba ang bail sa ganitong case? please help me.



Last edited by gleo on Tue Feb 01, 2011 8:33 am; edited 1 time in total (Reason for editing : put additional info)

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24 Re: REPUBLIC ACT 9262 on Tue Feb 01, 2011 8:41 am

gleo


Arresto Menor
cont.
Sa lahat ng tao hindi ko masabi na niloko ako nung ka live in ko dahil sa kahihiyan ko pero sa ginawa nyang pgdedemanda sa akin at mas lalo nya akong nilagay sa kahihiyaan at maging result ng pagkatnggal ko sa work sa ngayon po handa ko syang labanan enough po ba yung mga reasons ko na nasabi earlier para po mapaglaban ko din naman po right ko at may batas po ba tayo na may protection din po yung ganito sa situation ko. Nasa regional trial court na daw po yung case sa last na natnggap kong letter. ano po ang pwede kong hakbang para maipaglaban ko din po sarili ko. Thank you po atty.

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25 Re: REPUBLIC ACT 9262 on Wed Feb 02, 2011 4:19 pm

attyLLL


moderator
answered your email


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26 Re: REPUBLIC ACT 9262 Today at 4:38 pm

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