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

My EX-GF threatens to SUE RA 9262

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

1 My EX-GF threatens to SUE RA 9262 on Sat Jul 04, 2015 1:18 am

jrdmania


Arresto Menor
hi my ex is pregnant.. and usapan namin initially is focus sa baby so that maging healthy silang dalawa. problem is ayoko na sa mother...(naghiwalay kame na di alam na buntis sya)... when i found out we talked with her mom na i will support financially pero sa baby lang ito....during that time gusto ng ex ko na makipagbalikan pero ayoko na dahil sa mga nangyari sa relasyon namin..nangungulit sya.. naninisi, nagbabanta at nananakot pero during the first month natiis ko pa...kahit minsan di na ako makatulog or makapasok sa trabaho dahil dun. may mga point na sumagot ako sa kanya...maraming beses na pinagsabihan ko din sya na wala syang kwenta at pasasalamat at "malandi" (coz 3rd party sya nung kame) and maraming mura..months na ganun...i was guilty na tinext ko sya ng ganun and im sure meron din syang tinext sakin na masasakit pero never kong intention na one day itext ko sya para lang saktan .sya ang laging nagtetext na una...napupush lang talaga ako sa limit ko kasi this girl drives me crazy...now she threatening to sue me RA 9262 na psychological abuse against pregnant women...i know im guildty of saying those things pero may laban ba ako dito? dahil ako rin naman nasapsycho abuse halos di na ako magtrabaho ang dami kong record ng late at absent sa company ko sinasabi ko pa yun sa kanya..... Neutral


also last time sabi nya sakin "pipirma ka ba o hindi" nagrerefer sya sa BC ng isisilang na bata...which is gusto ko naman kaso ayaw ko ang tono nya...pinagbabantaan nya ata akoing idaan sa legal kung hindi ako ooo. gusto ko naman pumirma,, gusto ko lang sana if ever ipapalastname nya sakin yung bata pero ayaw nya...

she also threatening to sue my exgf (yung original) kase may sinabi yata syang masakit nyung nalaman nya na may 3rd party ako sa kanya

just wanna know the advice you can give me on this

View user profile

2 Re: My EX-GF threatens to SUE RA 9262 on Sat Jul 04, 2015 8:03 am

technified_ex


Prision Correccional
Base on your story, i think your 3rd party GF has a case on you for RA 9262, since you have a relationship with her and you have committed verbal abuse against her. You better stop what you are doing to her and enter a settlement with your gf and her family. Go to your barangay for the settlement, and tell the mediator of your grievances. But be man enough to support your baby and gf. Support does not include forcing you to be with your 3rd party GF, because no court can compel a man to live with someone whom he does not want.

As for the BC, if you sign, it means you acknowledge the child is yours, effect would be, the child SHOULD bear your surname.

As for your GF, she's innocent, and the pain she is going right now cannot be explained. If she have said something to make a case for criminal liability, minor criminal case, it would more or less mitigated or dismiss

View user profile

3 Re: My EX-GF threatens to SUE RA 9262 on Sat Jul 04, 2015 9:41 am

jrdmania


Arresto Menor
is it my right to decline signing the BC if she insists that i cannot have our child bear my surname?

i understand that i have committed some verbal abuse to her, but during the course she has also done the same to me. she does not want to stop texting me i tried to ignore her but a man has his limit. it's almost as if she wants me to do that to her to use it against me...like now.

View user profile

4 Re: My EX-GF threatens to SUE RA 9262 on Sat Jul 04, 2015 8:30 pm

technified_ex


Prision Correccional
you can always decline in signing, but the consequence is, your child would be illegitimate. As for the "a man has a limit" go to barangay for mediation so that your problem would be solved asap

View user profile

5 Re: My EX-GF threatens to SUE RA 9262 on Sun Jul 05, 2015 6:51 pm

concepab


Reclusion Perpetua
Since they're not married, whether he will sign or not the birth certificate, the child is illegitimate. Even the father signed the birth certificate, that doesn’t mean the child must use the name of the Father. The Mother has the option if she will allow or not the child to use his name.

The father also have the obligation to provide support.

View user profile

6 Re: My EX-GF threatens to SUE RA 9262 on Sun Jul 05, 2015 8:06 pm

marlo


Reclusion Perpetua
Nicely said sir concepab. 

And I think the father also has the option to agree or acknowledge if the child is his own and/or he allow the use of his surname since they are not married

View user profile

7 Re: My EX-GF threatens to SUE RA 9262 on Sun Jul 05, 2015 8:20 pm

concepab


Reclusion Perpetua
marlo wrote:Nicely said sir concepab. 

And I think the father also has the option to agree or acknowledge if the child is his own and/or he allow the use of his surname since they are not married

He may decline signing the birth certificate and refuse to acknowledge the child. However the mother can file a petition to prove that he is the father. So IMO, if he is the father, why make it hard for them?

View user profile

8 Re: My EX-GF threatens to SUE RA 9262 on Mon Jul 06, 2015 8:48 am

mrs_scofield


Arresto Mayor
What were the circumstances prompting you to text her those untoward comments, name calling, and cursing? Were you exchanging vindictive words? Were you engaged in a word war at those times? Who initiated the fights? And what were the import of her replies?

I think the circumstances which prompted you to send those harsh, name-calling, and cursing messages should be taken into context to determine whether there was really repeated verbal abuse on your part. Because if those were meant to counter her otherwise harsh, name calling, and vindictive words or were sent during a word war between you too, then I don't think you were verbally abusing her.

When was the last time you sent messages of the same import to her? Were these incidents current? If you have sent those damning messages to her in just one day and did not repeat them again over the course of time, it will not be qualified as "repeated" verbal abuse.

Based on your story, it seems that you were the one whose been suffering repeated verbal abuse causing you psychological and emotional pain. Do you have any proof of the threats she made? Save them and print them, you can use those as evidence if she files a case for RA 9262.

View user profile

9 Re: My EX-GF threatens to SUE RA 9262 on Mon Jul 06, 2015 3:44 pm

concepab


Reclusion Perpetua
mrs_scofield wrote:What were the circumstances prompting you to text her those untoward comments, name calling, and cursing? Were you exchanging vindictive words? Were you engaged in a word war at those times? Who initiated the fights? And what were the import of her replies?

I think the circumstances which prompted you to send those harsh, name-calling, and cursing messages should be taken into context to determine whether there was really repeated verbal abuse on your part. Because if those were meant to counter her otherwise harsh, name calling, and vindictive words or were sent during a word war between you too, then I don't think you were verbally abusing her.

When was the last time you sent messages of the same import to her? Were these incidents current? If you have sent those damning messages to her in just one day and did not repeat them again over the course of time, it will not be qualified as "repeated" verbal abuse.

Based on your story, it seems that you were the one whose been suffering repeated verbal abuse causing you psychological and emotional pain. Do you have any proof of the threats she made? Save them and print them, you can use those as evidence if she files a case for RA 9262.

I agree in some point, but he can always ignore the harsh message, if he want to.

Filing a case against him should not be consider as a threat, it is a right of the girl.

IMO, the only way to solve their problem, outside the court is to talk to the girl and her family. Walang problema na hindi nalulutas sa maayos na paguusap.

View user profile

10 Re: My EX-GF threatens to SUE RA 9262 on Mon Jul 06, 2015 5:21 pm

mrs_scofield


Arresto Mayor
"I agree in some point, but he can always ignore the harsh message, if he want to."

Which in fact he did for a month but because of the continuous provocation on the part of the girl, jrdmania lose his temper and had a fit of outburst.

We cannot discount the incidents leading to his act of sending those messages, i.e., the circumstances why he sent those messages in the first place. Who provoked who? Based on the facts given, it seems that jrdmania is psychologically and mentally affected by the girl's actuation.

"Filing a case against him should not be consider as a threat, it is a right of the girl."

Oh, I was not actually referring to the filing of the case. I was referring to this "when i found out we talked with her mom na i will support financially pero sa baby lang ito....during that time gusto ng ex ko na makipagbalikan pero ayoko na dahil sa mga nangyari sa relasyon namin...nangungulit sya.. naninisi, nagbabanta at nananakot pero during the first month natiis ko pa...kahit minsan di na ako makatulog or makapasok sa trabaho dahil dun," there may be other threats hurled at jrdmania by the girl.

But just the same, while filing a case is a matter of right, it should however be based on legal and factual bases and not based on bad faith and malice with intention to harass and inconvenience another.  Threatening to file a case against someone in order to force him to do or to give something which he is not legally bound to do or to give is already a malicious threat and a form of harassment.

There is malicious prosecution when a person directly insinuates or imputes to an innocent person the commission of a crime and the accused is compelled to defend himself in court. While generally associated with unfounded criminal actions, the term has been expanded to include unfounded civil suits instituted just to vex and humiliate the defendant despite the absence of a cause of action or probable cause.

If jrdmania has proof that the prosecution was prompted by a sinister design to vex and humiliate him, and that it was initiated deliberately knowing that the charge was false and baseless, he can in fact be entitled to damages.

While he may have sent vicious, name-calling, cursing messages to the girl, the circumstances surrounding this incident should be taken into consideration before ruling it out as verbal abuse and most especially the verbal abuse should be repeatedly done. If the incident is just a one time fit of anger and in fact was never done in a repetitious manner then she has no ground under RA 9262. Neither can she claim that jrdmania refused to support the child, since he stated that he actually talked to the girl's mom and made known of his willingness to provide support.

The right to institute criminal prosecutions has its metes and bounds and can not be exercised maliciously and in bad faith to the detriment and harassment of a person who, without cause, is pestered, inconvenienced, and rendered cash-strapped inasmuch as such suits where liberty is at stake, compel an accused to hire a lawyer and incur other expenses for his defense. There is a psychological burden that an accused and his family would have to hurdle in the interregnum. Indeed, being tagged as an accused is by itself traumatic. (Martires v. Cokieng, G.R. No. 150192. February 17, 2005)

"IMO, the only way to solve their problem, outside the court is to talk to the girl and her family. Walang problema na hindi nalulutas sa maayos na paguusap."


To this, I agree with you 100%.

View user profile

11 Re: My EX-GF threatens to SUE RA 9262 on Tue Jul 07, 2015 3:38 pm

concepab


Reclusion Perpetua
We are filing case because we want what we deserves, if the girl feels that her rights was violated, she has all the rights to file a case, and that is for the court to decide.

I will not conclude who is the real victim and who is the real offender here. that is for the court to decide. What jrdmania can do is to be ready for his defense in case the girl decided to file a case.

View user profile

12 Re: My EX-GF threatens to SUE RA 9262 on Tue Jul 07, 2015 4:36 pm

mrs_scofield


Arresto Mayor
All i can say is, we are here to provide legal opinion to those who are seeking. The possible defense they can pose based on the facts given. The pros and cons. No one is making any conclusions here but only legal opinions and advice based on the facts presented.  And whatever statements given are merely advisory.

Yes true everyone has the right to file a case but not because you want what you deserve but because you want to enforce your rights which were violated. You may deserve what you want but if the law says you are not entitled to it  then you cant do anything about it. Dura lex sed lex, the law may be harsh but that's the law.

View user profile

13 Re: My EX-GF threatens to SUE RA 9262 on Tue Jul 07, 2015 9:21 pm

concepab


Reclusion Perpetua
mrs_scofield wrote:All i can say is, we are here to provide legal opinion to those who are seeking. The possible defense they can pose based on the facts given. The pros and cons. No one is making any conclusions here but only legal opinions and advice based on the facts presented.  And whatever statements given are merely advisory.

Yes true everyone has the right to file a case but not because you want what you deserve but because you want to enforce your rights which were violated. You may deserve what you want but if the law says you are not entitled to it  then you cant do anything about it. Dura lex sed lex, the law may be harsh but that's the law.

Then let the court decide and don't give conclusion.

View user profile

14 Re: My EX-GF threatens to SUE RA 9262 on Tue Jul 07, 2015 11:14 pm

mrs_scofield


Arresto Mayor
concepab wrote:
mrs_scofield wrote:...Yes true everyone has the right to file a case but not because you want what you deserve but because you want to enforce your rights which were violated. You may deserve what you want but if the law says you are not entitled to it  then you cant do anything about it. Dura lex sed lex, the law may be harsh but that's the law.

Then let the court decide and don't give conclusion.

Like I have said and I would like to reiterate, no one is making conclusions here but rather giving legal advice to the subject inquiry.

And the statement quoted above is not even a conclusion but a mere discussion about institution of an action and legal principles.

View user profile

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