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Concubinage or what?

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1 Concubinage or what? on Mon Nov 15, 2010 3:43 pm

just


Arresto Menor
Hi atty's and co-members. I'm a newbie here. I just want to know, if I could still file a case for my husband in the future for having his mistress pregnant.

Here's the story:
We were married for almost 5yrs now.But we went on and off like gf and bf. and when we were off, he always had a gf. Our last reconcilliation, meant a break up for his last gf,but I was cheated,they continued,and the girl got pregnant.We are off now 1month ago,it is only this month that i knew about his infidelity.Because,after our separation,he even accused me that I have another guy,(that was just a comment from fb)he wasn't able to prove. I heard from his friend that he will just try to support our son,but no intentions of coming back to us,because he likes more the 2nd family that he will be having now. I also heard that the girl's family already knew that she is "Kabit", and my in-laws also knew about that. Until now, he doesn't know,that I was already informed of his infidelity, he is much careful about. And I'm just gathering evidences now.

What can I do now? I want to file case against him in the future.

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2 Re: Concubinage or what? on Wed Nov 17, 2010 6:56 pm

attyLLL


moderator
you will have to prove that he is living in with the other woman for a criminal charge of concubinage to prosper.

you can also explore repeated marital infidelity as basis for psychological violence, but again, you will have to prove your allegations. good luck.


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3 Re: Concubinage or what? on Thu Nov 18, 2010 3:45 pm

just


Arresto Menor
Thanks attorney..
But, what if they plan not to live together(being careful with that concubinage matter) and if i will be able to find out that their child is acknowledged by him in the birth cert. what case is that?

About the repeated psychological violence evidences, I do have pictures of those in hard and soft copy.(some are comments from friendster).
Can it prove my allegations?

He also doesn't have a work so his financial support is not really enough, sometimes none at all, could it be additional factor?

=)

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4 Re: Concubinage or what? on Thu Nov 18, 2010 6:00 pm

attyLLL


moderator
it can be still psychological violence based on repeated marital infidelity, but again, you have to prove that he is having repeated sexual relations. but it won't be concubinage.

you will have to prove that he is the owner of the account who made those comments on friendster.

economic abuse has to show that there is deprivation of support and the intent is to control the woman. good luck


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5 Re: Concubinage or what? on Fri Nov 19, 2010 9:56 pm

just


Arresto Menor
thanks for immediate response.=)
if i will be able to prove that the girl is pregnant and the child is under his name,wouldn't that be a basis for his sexual relation?what are best examples of evidences for that?(i really don't have an idea) What if his parents send him to another place(province or far place)to be saved against me.

and the friendster,i think that was already a deleted account,because before, i can open his account,when they knew about it,they deleted it.though i just print screen the comments (the URL are shown)how about kissing on the cheek picture?

How is the best way to oblige them to give regular allowance,(weekly minimun of Php1000)because i've always been the one who works for my son and myself,regardless if we are on or off.(am I also entitled for financial support as his legal wife?)Question Question
thanks atty.=)

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6 Re: Concubinage or what? on Sat Nov 20, 2010 7:53 am

attyLLL


moderator
that would be good evidence. even better if you can show the child's birth certificate.

i wouldn't bee giving a picture of a kiss on a cheek too much weight.

begin with a demand letter. you can also initiate complaint at the bgy. or go straight to filing a case at the prosecutor's office.

i'm not sure if they will be sympathetic, but you can also try the VAWC division of the NBI. not sure if they will be sympathetic because they focus on physical violence. good luck.


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7 Re: Concubinage or what? on Tue Nov 23, 2010 9:55 pm

just


Arresto Menor
in case, he agreed with me to fix our problem, pero pretending lang sya,just to protect his mistress(unknowing na alam ko na un).. and what if his mistress controls him not to communicate or fix things out for my family, can there be a case that could be filed to that girl?(or if not case, what else could it be?what can i do?)
thanks..=)

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8 Re: Concubinage or what? on Thu Nov 25, 2010 11:02 am

attyLLL


moderator
the best case for that would be a civil case for damages against the mistress. it will be only about payment of damages, not imprisonment. good luck.


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9 Re: Concubinage or what? on Mon Dec 06, 2010 9:50 pm

just


Arresto Menor
HI ATTY.. my husband and i are ok now.,though the mistress still bothers us, she even cursed us and threatened my husband (through text) that the year won't end without happening any bad things to him..
until now, she bothers us,sometimes angry,sometimes a begging piece.Does it have any case?
Definitely,i do not allow any communications between my husband and that girl.
i will not hinder financial supports for the child. but my husband still doesn't have work to give another support,which is in fact insufficient for us..

What would be the problem in that case?

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10 Re: Concubinage or what? on Tue Dec 07, 2010 4:01 pm

attyLLL


moderator
wouldn't it be easier for him to just change his number? as long as some form of support is being given to the child, i believe no case can prosper.


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11 Re: Concubinage or what? on Tue Dec 07, 2010 7:26 pm

just


Arresto Menor
thanks atty.. what if di pirmahan ng asawa ko un birth certificate nun bata,(because I don't want my husband and the girl see each other again) pero bibigay pa rin nya sustento,, would that cause a problem?,, o dapat ba pumirma talaga sya.

one thing pa po pala, if you have lang po the idea,ok lang ba sa public university na up to now pumapasok pa rin sa school un babae kahit buntis at hindi naman kasal? would that be ok for the issuance of diploma at good moral cert.?

thanks po.

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12 Re: Concubinage or what? on Wed Dec 08, 2010 6:10 pm

attyLLL


moderator
if he doesn't sign the birth certificate, it will be harder to prove that he is the father. he can validly refuse to do so.

i would find it despicable if any school would refuse to issue a diploma on the mere basis that she is unwed and pregnant. it would also be a violation of the magna carta for women.


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13 Re: Concubinage or what? on Wed Dec 08, 2010 7:39 pm

just


Arresto Menor
ok thank you atty.. I'm thinking kasi, if the girl won't stop from bothering my husband and my family,i'll report her in to our the same university (as well as my husband).
because there was a case before,my classmate was told to stop by our dept.head because she was pregnant,and come back if she already has marriage cert.

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14 Re: Concubinage or what? on Tue Dec 14, 2010 4:54 pm

just


Arresto Menor
hi atty.. confirm ko lang po ulit,medyo naguluhan lang ako.
Pag po ba hndi pinirmahan ng asawa ko un birth certificate nun bata dun sa mistress, meron po ba silang pwedeng ireklamo?(though alam naman namin sya talaga tatay nun,ayoko na lang magkita sila) But, we are just planning to send financial support thru bank if he already has a job.

And, can I file civil case dun sa mistress, if in the future she will bother us again?

thanks po. Rolling Eyes

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15 Re: Concubinage or what? on Wed Dec 15, 2010 1:25 pm

attyLLL


moderator
you have 4 years to file a civil case against the mistress from the time of infidelity.

if your husband does not sign the birth certificate, the mother will have to find other ways to prove that he is the father, but once she does, he will be liable for support. if you give support, then that is also good proof that he acknowledges that he is the father.


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16 Re: Concubinage or what? on Thu Jan 06, 2011 3:47 pm

just


Arresto Menor
hi atty.. the mistress gave birth now. She texted me and my in-laws to let my husband go there and sign b.cert and other papers. I answered her to name the child after her's.
She insisted na karapatan ng anak nya makilala ang tatay nun....(after dat, i changed number)

May kaso po ba if di ko payagang mangyari yun?yoko naman magkita kita pa sila.

at meron po ba kong pwedeng gawin o i-file bago pa manggulo un babae, o para lang may proteksyon kami against panggugulo?

thanks atty.

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17 Re: Concubinage or what? on Thu Jan 06, 2011 5:00 pm

attyLLL


moderator
if i were the mother, i would file a case of vawc for economic abuse and deprivation of support, to force your husband to come out and acknowledge the child and provide support. note that many prosecutors are sympathetic. hopefully, if this happens, the prosecutor will remember the letter of the law.

if your husband can stomach it, he can deny that he is the father, or he is unsure. that way, there is no legal link between himself and the child. however, if the mother has written acknowledgment such as a letter, text, email, chat, where he acknowledge the child, then that can be taken as evidence.


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18 Re: Concubinage or what? on Thu Jan 06, 2011 5:15 pm

just


Arresto Menor
thanks atty..

Payag naman po akong magsuporta ang asawa ko dun thru bank or padala.
pero I'll never allow him to go there and sign papers tapos magkikita sila dun.

I want to know,kung hindi ko payagan magkita ang bata at asawa ko (pero may financial support).. magkakaproblema po ba kami?

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19 Re: Concubinage or what? on Thu Jan 06, 2011 6:53 pm

just


Arresto Menor
One more thing po, if we send financial support, ano po mga valid evidences (deposit slip, elec.receipts) na pwede po i-safe keep for preparation,kung sakaling gumawa ng kwento ang mistress na hindi nag-susuporta asawa ko?


Thank you po.

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20 Re: Concubinage or what? on Thu Jan 06, 2011 6:56 pm

just


Arresto Menor
One more thing pa po.. if we send financial support to the child of the mistress, what evidences could we have prooving that my husband supports. (deposit slip., elec.receipt)??preparation lang po if the mistress will make false stories..

Thank you po ulit.

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21 Re: Concubinage or what? on Fri Jan 07, 2011 8:21 pm

attyLLL


moderator
i recommend that you be the one tor send support. if on record your husband sends it, that can be construed as an admission of support. just keep it a bit open ended.

no, it is not a crime to refuse to sign the birth certificate.

i recommend the support be in both cash and non-cash form. even better if there will be liquidation of how the cash is spent.


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22 Re: Concubinage or what? on Mon Jan 10, 2011 9:55 pm

just


Arresto Menor
...



Last edited by just on Wed Jan 19, 2011 9:48 pm; edited 3 times in total

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23 Re: Concubinage or what? on Wed Jan 12, 2011 5:00 pm

attyLLL


moderator
none legally unless she later files a petition for filiation with the father.


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24 Re: Concubinage or what? on Mon Jan 17, 2011 7:41 pm

just


Arresto Menor
...



Last edited by just on Wed Jan 19, 2011 9:47 pm; edited 1 time in total

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25 Re: Concubinage or what? on Wed Jan 19, 2011 8:02 pm

attyLLL


moderator
the father's name being written on the birth certificate is useless without his signature.

a petition is filed in court. the court will summon the supposed father to answer the petition.


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26 Re: Concubinage or what? Today at 7:12 am

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