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what case i can file to my husband's mistress? and what my husband can he file too to his mistress?

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april joy


Arresto Menor
hi good am and have a bless morning.
gusto ko lang po sana mag ask ng advice anong kaso pa ang dapat namin isampa ng asawa ko sa kabit nya.iniwanan na po sya ng asawa ko at bumalik samin mag iina.ngunit hindi matanggap ng kabit nya yun at sinampahan asawa ko ng physical injury related to 9262.ngunit mukhang hndi n sya interesado dahil hiindi na niya sinagot ang counter affidavit ng asawa ko.balak sana namin tapatan ng kaso yung kabit dahil sa perwisyong ginagawa nya sa pamilya ko.ano anong kaso ang pwede namin isampa saknya?at ang mga gamit ng asawa kong naiwan saknya ay ayaw nyang ibigay kahit may ebidensya kami sa asawa ko yun dahil sa resibo.sana po mabigyan nyo kami ng advice.salamat po

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attyLLL


moderator
you can develop a case of estafa regarding the items left behind. the husband has to issue a demand letter that they be returned and that she is holding them only for safekeeping.


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april joy


Arresto Menor
we been tried to send demand letter already,but she just ignore it.so we think its better to file a case against her.and what else case we can file to her since she put my husband in jail and locked up to their house because she don't let my husband to come back to us( to his legal family)? and what case i can file to her too since she still ruin our life?

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attyLLL


moderator
you can file a civil case for damages against her based on art. 26 of the civil code. if you keep your claim below 100k, it can be a small claims case.

estafa and unjust vexation if criminal. good luck.


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april joy


Arresto Menor
what evidence i need to prepare for damages against her? and about when she put my husband in jail,can we file illegal detention against her?

thank you

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attyLLL


moderator
the act of arresting him and placing him in jail was totally the act of the police. she was just an accuser. if inquest proceedings were conducted and the case was filed in court, the case for illegal detention against the police will not prosper.

proof that the properties are owned by your husband and was paid for by him. proof that you sent a demand letter that she should return them.


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april joy


Arresto Menor
how about if most his stuff she been give it away to her family?pwede pa bo nmin iclaim un or bayaran na lang nya kung magkano nagkakahalaga lahat?kase narinig po nmin binibigay nya lahat ng gamit ng asawa ko para wala ng makuha asawa ko pag nag file n ng kaso saknya.meron po kami lahat ng resibo at katunayan na sa asawa ko mga gamit na kiniclaim nya.matigas lng po tlga mukha ng kabit nag aasta na conjugal property nila yun na kabit naman sya.

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attyLLL


moderator
send a demand letter for her to return the items. if she fails to do so, you can file a case of estafa.


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bluerosedragon


Arresto Menor
Hi..i would like to know more about article 26 of civil code..i would like to file this against my husband's mistress..what evidences do i need to show? are text messages enough? we also talked personally and she confide that they have an affair..my friends also see them together..

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attyLLL


moderator
witnesses, documentary evidence, object evidence, experts. those are the basic kinds of evidence.

texts are a start, but not sufficient


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