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Art 26 of the Civil Code

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1 Art 26 of the Civil Code on Tue Mar 20, 2018 11:33 pm

kathzzz28


Arresto Menor
Goodday po Atty. I would like to ask If I could file Art 26 of the civil code to a woman that is ruining my marriage with my husband. She keeps on insisting that the father of her child is my husband wherein my husband denies. We already have an agreement that she needs to give the barangay captain a Dna result stating that my husband is the father of her child. But she keeps on bothering us to give her money for support without proving her claim. She even ask for the NBI to help her and made up some lies for them to symphatize her. What should we do for her to stop. We just wanted evidence for her claim. Thanks

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2 Re: Art 26 of the Civil Code on Sat Mar 24, 2018 2:18 pm

attyLLL


moderator
is your husband willing to undergo a dna test? challenge her to one. advance the payment and say she will need to reimburse it if it is negative


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3 Re: Art 26 of the Civil Code on Sun Mar 25, 2018 9:51 pm

kathzzz28


Arresto Menor
Yes he is willing but I will not waste my money for the dna test coz the girl doesnt have the capacity to pay it back. My husband is unemployed now because he is taking care of our kids. She said in our agreement at the barangay hall that she will pay for the dna test first if it is positive my husband will reimburse it to her. But she's not following it. Instead she ask nbi to force my husband to give support to her without any evidence that my husband it really the father of her child. I want her to stop so that I can provide peace for my kids. Can I file.a case againsts her? If so, what case? Hoping for your help

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4 Re: Art 26 of the Civil Code on Mon Mar 26, 2018 1:05 pm

xtianjames


Reclusion Perpetua
does she have any proof that your husband admit paternity of the child (through text, private message, etc)?

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5 Re: Art 26 of the Civil Code on Mon Mar 26, 2018 10:11 pm

kathzzz28


Arresto Menor
No. She dont have any evidence like that. My husband doesnt acknowledge the child because she told my husband that she is pregnant with him at her 4months of pregnancy and at that tym she is already asking for money.

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6 Re: Art 26 of the Civil Code on Tue Mar 27, 2018 12:26 pm

xtianjames


Reclusion Perpetua
then let her file her complaint and once the matter goes to court, your husband can contest the paternity of the child. the court should request to have the DNA test. since the baby was not acknowledged by the father, the burden of proof falls on the mother to prove who the father is.

just inform her to file her case in court and if she continues to harass your family, file a complaint to the police for harassment.

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7 Re: Art 26 of the Civil Code on Thu Mar 29, 2018 8:57 am

attyLLL


moderator
if you want to take the hard stance, then you can just ignore all her actions. If there is no proof of paternity, then there can be no obligation to provide support


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8 Re: Art 26 of the Civil Code on Fri Mar 30, 2018 4:04 am

kathzzz28


Arresto Menor
Thank you so much for you advice

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