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need help..

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1 need help.. on Fri Mar 25, 2011 8:30 am

fevijane


Arresto Menor
Hi, Im 23 years old. really need your advice. Nabuntis ako ng boyfriend ko pero hindi kame nagsasama kahit pa nga nakapanganak na ako a year ago,. Surname niya ang gamit ng daughter namin sa birth certificate at nakapirma nga siya sa acknowledgement of paternity. Bago magfirst birthday ang baby ko nakipag hiwalay ako sa kanya at nagwork here in Manila. Mula noon hindi na siya nagpakita at nagbigay ng sustento sa bata kahit pa nga may trabaho din sya sa province namin. Napapagod na po akong palaging kontakin sya para humingi ng sustento besides dapat alam niya ang responsibilities niya sa bata diba? so ano po ba ang dapat kong gawin to demand for support? kasi ang gusto ko kung hindi sya magbibigay ng sustento ilipat ko na lang yung surname ko sa bata. please help me. Thanks.

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2 Re: need help.. on Fri Mar 25, 2011 9:48 am

dream123


Reclusion Temporal
atty,

how can i ask the fiscal to make a resolution already without filing a motion for early resolution (case is RA 9262 economic violence)? i need the case to be passed in the court already so that i may be able to file for support pendente lite as per advise by the IBP lawyer. bec i cannot ask/compel my ex bf to provide support unless it's in the court already, right?

thanks!

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3 Re: need help.. on Sat Mar 26, 2011 6:48 pm

attyLLL


moderator
fevijane, try approaching the PAO and they will summon your husband so that an agreement can be drawn between you.

ysa, talk to him personally. that's what i do.


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4 Re: need help.. on Mon Mar 28, 2011 11:45 am

dream123


Reclusion Temporal
atty,

i am quite hesitant to talk to the fiscal since she's kind of "grumpy". what do you suggest i tell her so that she will entertain my request for an early resolution?

thanks much!

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5 Re: need help.. on Mon Mar 28, 2011 11:52 am

fevijane


Arresto Menor
atty,

thank you very much for the response. I hope this will work. more power and God bless..

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6 Re: need help.. on Mon Mar 28, 2011 8:15 pm

attyLLL


moderator
ysa, i don't know. hanapin mo ang kiliti. bring your kid.


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7 Re: need help.. on Tue Mar 29, 2011 7:16 am

dream123


Reclusion Temporal
i thought so too, but do they allow 6 month old baby inside the judicial? Smile

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8 Re: need help.. on Tue Mar 29, 2011 3:56 pm

attyLLL


moderator
yes, but make sure that you go at a time that the fiscal is available. try on the day she conducts Preliminary Investigation.


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9 Re: need help.. on Tue Mar 29, 2011 8:16 pm

dream123


Reclusion Temporal
how will i know that she is doing preliminary investigation at the time? what does it mean?

thanks...

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10 Re: need help.. on Tue Mar 29, 2011 9:05 pm

attyLLL


moderator
you will need to know her schedule.


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11 Re: need help.. on Mon Apr 04, 2011 3:35 pm

dream123


Reclusion Temporal
attyLLL wrote:you will need to know her schedule.

hi atty!

i called the fiscal's office and asked her secretary about the status of the case. She advised me that the case was already actioned by the fiscal and it was already passed for review (i do not know who is she referring though) please advise.

Also, how long should i wait again for the resolution to finally arrive?

thanks much!

looking forward to your response

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12 Re: need help.. on Tue Apr 05, 2011 10:29 pm

attyLLL


moderator
all resolutions are reviewed by the office of the city prosecutor. one of my cases is in the same boat as yours. i've been waiting since october 2010 in spite of follow ups. the only thing to do is wait.


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13 Re: need help.. on Wed Apr 06, 2011 7:28 am

dream123


Reclusion Temporal
attyLLL wrote:all resolutions are reviewed by the office of the city prosecutor. one of my cases is in the same boat as yours. i've been waiting since october 2010 in spite of follow ups. the only thing to do is wait.


as much as i want to wait, i cannot afford anymore...

can filing a civil case for support be a way for him to provide support?

thanks, atty!

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14 Re: need help.. on Wed Apr 06, 2011 7:50 am

dream123


Reclusion Temporal
follow up question atty...

if ever i won the case, can the court asked him to pay me an amount for the damages etc? and the months that he did not give financial support to our child as well as the hospital bills when i gave birth?

becasue i will use it to pay for my credit card bills that i fail to pay now which i used to support my child's needs.

thank you!

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15 Re: need help.. on Sat Apr 09, 2011 12:09 am

attyLLL


moderator
ysa, can i go back? did your bf sign the birth certificate of the child? what proof did you provide to show that he is the father of the child? did he admit in his affidavit?


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16 Re: need help.. on Sat Apr 09, 2011 9:11 am

dream123


Reclusion Temporal
attyLLL wrote:ysa, can i go back? did your bf sign the birth certificate of the child? what proof did you provide to show that he is the father of the child? did he admit in his affidavit?

he did not sign the birth certificate but he did admitted on his affidavit bec i attached our email conversations on my affidavit as well.

thanks atty...

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17 Re: need help.. on Tue Apr 12, 2011 12:22 am

attyLLL


moderator
in that case, your complaint now has a very good chance of prospering. whatever damages you claim can only be paid after finality of conviction and if there are properties of the accused which can be found.


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18 Re: need help.. on Tue Apr 12, 2011 8:04 am

dream123


Reclusion Temporal
attyLLL wrote:all resolutions are reviewed by the office of the city prosecutor. one of my cases is in the same boat as yours. i've been waiting since october 2010 in spite of follow ups. the only thing to do is wait.

hi atty,

where can i make a follow up?

thanks much!

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19 Re: need help.. on Tue Apr 12, 2011 8:07 am

dream123


Reclusion Temporal
attyLLL wrote:in that case, your complaint now has a very good chance of prospering. whatever damages you claim can only be paid after finality of conviction and if there are properties of the accused which can be found.


i'm glad to hear that, i'll keep my fingers crossed...

yes, he has a car, that's the only property that he owned. will the court consider it?

thanks in advance!

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20 Re: need help.. on Thu Apr 14, 2011 1:49 am

attyLLL


moderator
it is possible if it registered in his name.


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21 Re: need help.. on Thu Apr 14, 2011 10:35 am

dream123


Reclusion Temporal
attyLLL wrote:all resolutions are reviewed by the office of the city prosecutor. one of my cases is in the same boat as yours. i've been waiting since october 2010 in spite of follow ups. the only thing to do is wait.


hi atty,

where and how can i make a follow up?

how many hearings are there if ever?

thanks much!

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22 Re: need help.. on Thu Apr 14, 2011 10:53 am

attyLLL


moderator
you check with records section and with the prosecutor.


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23 Re: need help.. on Thu Apr 14, 2011 11:15 am

forestinterlude


Arresto Menor




Hi AttyLll! May i ask will it prosper even if the allegations are fabricated; and is it to the woman's advantage if she brings along their kid to the court? Thanks, atty!

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24 Re: need help.. on Thu Apr 14, 2011 10:43 pm

attyLLL


moderator
it depends on what evidence is presented. actually the child will be asked to stay outside the court by most judges


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25 Re: need help.. on Mon Apr 18, 2011 11:20 am

dream123


Reclusion Temporal
attyLLL wrote:it is possible if it registered in his name.


sorry for this sill question, but how will i know if it is registered in his name? is it the LTO? can they also disclose that information to me?

what if he transferred the registration on his wife's name? is it possible?

thanks in advance!

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26 Re: need help.. Today at 11:04 am

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