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Mother wants support with no dna test proof

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AndreaGriffin


Arresto Menor
Hello,

I'm posting this in behalf of my father. I am their legit daughter. And it so happened that recently, my father (a senior citizen, with no permanent job) told us the news that he got a woman pregnant (the woman is currently 24y/o, but was 20-21y/o back then.)

Now the thing is, I just found out that this woman has been asking financial support from my father for 3 years now - WHEN SHE DOESNT EVEN HAVE ANY PROOF (not even a simple dna test!) that my father is the father of her kid.

What's worse is, my father as stated above doesn't have a permanent job, and has been fully dependent on me for the bills and expenses at home, so all this time, part of the money I've been giving him for the past 3 years goes to that woman!
Evil or Very Mad  rant  banghead  

Now, my questions are:

- Can I tell my father to stop supporting that kid because that woman could not prove that it's his anyway? (she's 21 back then, and my father will be 70 in a few years! anong klaseng babae ang papatol sa ganun katanda if it's not for the money? tell me!? mamaya sa iba pala yun and she's just using my father for the money)
- This woman is just a labandera (based on what my father told me), so she said, she can't afford the dna test - if ever I decide to shoulder the dna testing, and got proof that my father is not the father of his kid - what specific case can I file against this woman for using my father and extorting money from him(/me)? would this fall under extortion? anything else I can file against her?
- In case dna test proves that my father is not the father of her kid, what case can I also file against this woman so that she returns all the money I've spent for the dna test and all the money my father gave her for that kid?


Thanks in advance to those who can help/provide their advise.

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Lunkan


Reclusion Perpetua
It can be a problem your father AGREE he is the father.

IF he isn't the father, it can be a type of fraud. (But I suppouse the woman have no chance to pay you back anyway.)

DNA test is expensive. Only DNA can prove who is father, but:
/BLOOD TYPE can NOT prove who is father, but can prove when it is IMPOSSIBLE. (Some blood types at parenbt can only give some blood types at child.)
/LOOK. Are there any similariities in looks of child and your father?

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AndreaGriffin


Arresto Menor
Lunkan wrote:It can be a problem your father AGREE he is the father.

IF he isn't the father, it can be a type of fraud. (But I suppouse the woman have no chance to pay you back anyway.)

DNA test is expensive. Only DNA can prove who is father, but:
/BLOOD TYPE can NOT prove who is father, but can prove when it is IMPOSSIBLE. (Some blood types at parenbt can only give some blood types at child.)
/LOOK. Are there any similariities in looks of child and your father?



He's not really familiar with the law and/or what rights he can impose, so thats why I posted it here as I'd like to help him out to be aware of what his options are. I don't want him spending his remaining years supporting someone whom he's not even sure of if it's really his!  

I haven't seen the kid yet so I can't tell if they have any similarities (I just found out this news about 2 days ago via a text message from my father).

Anyhows, I have searched and in case that the dna test proves that the kid is not my father's, I was wondering if what she did could fall under the following?

"Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow  hall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.chanrobles virtual law library

3. Through any of the following fraudulent means:  

(a) By inducing another, by means of deceit, to sign any document. "

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Lunkan


Reclusion Perpetua
Well. In my oppinion is the imprortant question - Is he (probably( the father or not?

Steps:
1. If blood type and look make it possible, THEN I would think of DNA test IF wanting to know it IS his child.

2. IF there are no signs he is the father, then he can just stop paying. Then it's up to the MOTHER to prove he is father...
Or has he SIGNED he is the father (or something like that making it official) ? If so it can be better to bring it up, showing he was fooled to do that.

3. Yes it's a crime IF can prove she did prove she did KNOW it was false. You would need to spend more money for such estafa to get NOTHING except revenge (So I would only do it IF the mother will GO ON try to pressure MORE money after she is told she will not get anything because your father usn't the father (if he isn't.)

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AndreaGriffin


Arresto Menor
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