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Legal Advice

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1 Legal Advice on Sat Nov 18, 2017 11:49 am

msjgp


Arresto Menor
Hi. So my father cheated on my mom when i was still 10 years old. They tried working things out but my father ended up leaving because he got his girlfriend pregnant. He didn't provide any financial support since he left home and i'm 27 now. I'm just wondering, what rights do i have regarding my father's assets and properties? Me and my sister talked to him the other day and ended up arguing because he believed that whatever he has now, his children from his girlfriend has the sole right to it. FYI, my parents even separated for almost 17 years are still legally married. Thanks!

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2 Re: Legal Advice on Sun Nov 19, 2017 12:53 pm

xtianjames


Reclusion Perpetua
Your Father is wrong. You and your sister has claims on his property. His illegitimate child only has 50% of what the legitimate child will get. However, this can be bypassed if he will leave a last will and testament and he can prove he has legal grounds of doing so.

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3 Re: Legal Advice on Sun Nov 19, 2017 1:19 pm

msjgp


Arresto Menor
Thanks for ur reply. One last question though, would it still be possible to take this to court now? Thank you...

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4 Re: Legal Advice on Sun Nov 19, 2017 2:08 pm

xtianjames


Reclusion Perpetua
No, since there is nothing that has been done yet.

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5 Re: Legal Advice on Sun Nov 19, 2017 6:07 pm

Mhea


Arresto Menor
Good day!i just need advice. I want to file annulment against my husband. What is the first one need to do for the other requirements psycho or publication.? Thank you.

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6 Re: Legal Advice on Mon Nov 20, 2017 1:06 pm

Jadis

avatar
Reclusion Perpetua
Publication of what?

You have to consult a psychiatrist or a psychologist first.

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7 Annulment on Mon Nov 20, 2017 1:53 pm

minalissa21


Arresto Menor
hi po! tanong ko lng po, is it true n pwede ma annul ang marriage without informing the other party?

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8 Re: Legal Advice on Mon Nov 20, 2017 2:43 pm

xtianjames


Reclusion Perpetua
@minalissa21
it's possible kung makakapag provide ka sa court ng proof na di na matunton yung other party.

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9 Re: Legal Advice on Mon Nov 20, 2017 4:03 pm

minalissa21


Arresto Menor
my husband told me n magfile n cya ng annulment? malalaman ko po b yun if nkafile na? kc my friend told me n khit hindi ako pumirma pwede ma-annul ang kasal nmin without me knowing.. is it true po ba? and one more thing, i will send him sana ng demand letter for child support because he is an OFW, ang sabi s akin, paguusapan daw yun pag umusad n ang annulment case nmin.. that is why im asking po if mainform ako ng annulment nmin..

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10 Re: Legal Advice on Mon Nov 20, 2017 4:24 pm

xtianjames


Reclusion Perpetua
I would still advise you to send a demand letter to your husband para at least kahit tumatakbo yung case ay nakakakuha ka ng support.

usually in annulment cases, mas maganda pag hindi nagpaparticipate yung respondent since the court always try to preserve the sanctity of marriage. If one party is willing to fight for the marriage, the case usually gets dismissed.

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11 Re: Legal Advice on Mon Nov 20, 2017 4:43 pm

minalissa21


Arresto Menor
and if he doesnt respond po s demand letter what's the next step po? and do i have to send a copy of demand letter to his company also? He is somewhere in saudi arabia..

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12 Re: Legal Advice on Mon Nov 20, 2017 4:56 pm

xtianjames


Reclusion Perpetua
then you can file a complaint against him for his lack of support. hindi excuse na may ongoing annulment case para alisin nya ang karapatan mo bilang asawa. ang problema lang, since nasa abroad sya, mahihirapan ka execute kung makakuha ka man ng favorable judgement sa korte. mapapanagot lang sya ng batas pag umuwi sya ng pinas.

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13 Re: Legal Advice on Mon Nov 20, 2017 5:30 pm

minalissa21


Arresto Menor
so that means n hindi cya mapapauwi ng pinas kung manalo ako s kaso?

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14 Re: Legal Advice on Mon Nov 20, 2017 7:03 pm

xtianjames


Reclusion Perpetua
Yep.

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15 Re: Legal Advice on Tue Nov 21, 2017 10:29 am

minalissa21


Arresto Menor
thank you sir xtianjames.. do i need to send also a copy of demand letter to the company he's working at?

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16 Re: Legal Advice on Tue Nov 21, 2017 12:33 pm

xtianjames


Reclusion Perpetua
No, the company is not involve between you and your husband's problem.

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17 Re: Legal Advice on Tue Nov 21, 2017 3:34 pm

minalissa21


Arresto Menor
ok sir.. regarding nman po s child support, apat po kc anak nmin. all are minors. how much po ang pwede ko idemand n support s knya?

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18 Re: Legal Advice on Tue Nov 21, 2017 4:55 pm

xtianjames


Reclusion Perpetua
compute mo yung gastusin nila like food, clothing, housing, medical expense, etc. dyan mo ngayon ibase yung amount na hihingin mo. keep in mind na both parents should support the family at yung amount of support is also based sa kapasidad ng magulang beside sa needs ng mga bata.

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19 Re: Legal Advice on Tue Nov 21, 2017 6:55 pm

minalissa21


Arresto Menor
im a minimum wage earner po dito probinsya while he is an ofw working as a safety manager.. and i dont have any idea how much ang sahod nya. magbase lng ako s dati nya sahod nun magkasama p kmi which is not less than 70k. thats why im planning po n magsend din ng copy ng demand letter s company nya. baka they will tell me how much he is earning right now. kailangan po b hati kmi s gastos? given na mas malaki ang kita nya..

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20 Re: Legal Advice on Tue Nov 21, 2017 7:28 pm

xtianjames


Reclusion Perpetua
As you are taking care of the children, this can also be counted as a form of support. The company has no obligation to assist you on this matter kaya I don't advise this and also, this may antagonize your spouse more at Lalo sya magrebelde at di ka padalahan ng suporta.

Kahit mas Malaki ang sahod nya, hindi pwede na sa kanya iasa lahat, hati padin kayo ng responsibility.

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