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need help..

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51 Re: need help.. on Wed May 25, 2011 1:28 pm

attyLLL


moderator
better if you can be there to point him out.

note, that he can file for bail after he is arrested. better do it soon. thursdays is best. fridays, most police follow the unwritten rule of no arrests of fridays.


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52 Re: need help.. on Wed May 25, 2011 3:52 pm

dream123


Reclusion Temporal
attyLLL wrote:better if you can be there to point him out.

note, that he can file for bail after he is arrested. better do it soon. thursdays is best. fridays, most police follow the unwritten rule of no arrests of fridays.

what happens after he bails?

thanks atty...

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53 Re: need help.. on Thu May 26, 2011 6:00 pm

attyLLL


moderator
an arraignment is scheduled.


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54 Re: need help.. on Thu May 26, 2011 7:40 pm

dream123


Reclusion Temporal
hi atty

is it possible that he already paid for bail even though he's not yet arrested?

how will i know?

what will i do if that's the case?

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55 Re: need help.. on Thu May 26, 2011 8:25 pm

attyLLL


moderator
yes, he can file bail to avoid arrest. you can check with the court again.

if so, nothing you can do. he has a right to file bail. why didn't you try to have him arrested already? you might lose the opportunity.


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56 Re: need help.. on Thu May 26, 2011 10:02 pm

dream123


Reclusion Temporal
i was looking for a police already. i just talked to one a while ago and they told me they can arrest on a friday.

if he filed for a bail already, then the arraignment will now follow right? (i'm thinking if i should just let him bail on his own rather have him arrested, to spare him and myself the embarrassment bec the only place i can think of is his office and we are in the same company but different offices(makati and ortigas)

when i got home today, i received a letter from the court which i think is an ORDER as stated. did he also received it? can i call the OCC to inquire if he already bailed?

thanks atty for your prompt reply...

God bless...

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57 Re: need help.. on Fri May 27, 2011 5:40 pm

attyLLL


moderator
yes, he will receive a copy also. not the occ, but the court which issued the warrant.

note, this is the best time to negotiate a settlement if you are so minded.


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58 Re: need help.. on Fri May 27, 2011 7:27 pm

dream123


Reclusion Temporal
attyLLL wrote:yes, he will receive a copy also. not the occ, but the court which issued the warrant.

note, this is the best time to negotiate a settlement if you are so minded.

hi atty

i'm thinking if i should send him an email threatening him that he should pay his bail within 2 days or else i will be forced to have him arrested. i want the case to prosper so that we will have an arraignment and for that the court will now obliged him to give support.

am i right atty??

thanks...

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59 Re: need help.. on Sat May 28, 2011 5:48 pm

attyLLL


moderator
send him a scan of the warrant and say 'unahan na lang, mahuli ka o magpiyansa'


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60 Re: need help.. on Sat May 28, 2011 6:03 pm

dream123


Reclusion Temporal
attyLLL wrote:send him a scan of the warrant and say 'unahan na lang, mahuli ka o magpiyansa'

i'll think about it attyy thanks for the advise though...

after he bailed, how long will be the schedule of arraignment and what can i expect during that period?

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61 Re: need help.. on Wed Jun 08, 2011 4:07 pm

dream123


Reclusion Temporal
he told me he already bailed through email and ask me to sign an affidavit if desistance then he will pay me half of the hospital bills, half of the baptismal bills and 5k monthly support which i refused.

do you think i am right to refuse atty and let the court handle it?

because i was asking him to pay 40k hospital bills, 20k baptismal and 8k monthly support...

he has 2 kids with his wife and his salary is 35k.

thank you in advance...

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62 Re: need help.. on Thu Jun 09, 2011 12:26 am

attyLLL


moderator
this is entirely up to you.

how do you justify 8k? note that it is only the child who is entitled to support.

but later on, what about education costs?

i recommend post dated checks so you won't have to beg for payment. add that he executes an affidavit of acknowledgment to cure the defect.

note that if you enter into a settlement, your case will be gone forever.


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63 Re: need help.. on Thu Jun 09, 2011 10:08 am

dream123


Reclusion Temporal
i told them that i do not want to settle and just let the court decide..but as far as i know, he will be asked to pay by the court from the time that i demanded support through the demand letter, am i right atty?


can i already asked for support pendente lite now?

thanks atty...

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64 Re: need help.. on Thu Jun 09, 2011 7:36 pm

Chi3


Arresto Menor
good day. i was married in 2002 a year after my son was born. sa first birth certificate sa LCR, surname ko gamit ng bata but after nakasal kami ginamit ng bata ang surname ng father nya at inayos namin ito sa LCR. but we separated in 2006. maiden name ko ang gamit ko since then. recently, i check sa nso ang found out na surname ko ang gamit ng anak ko. my question is what will prevail na dapat dalhin ng bata: the name in the BC with the father's surname or BC from NSO with my surname? is it ok na sundin ko ang BC from NSO so that maipasok ko sya sa mga benefits ko? thank you.

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65 Re: need help.. on Fri Jun 10, 2011 12:32 am

attyLLL


moderator
ysa, coordinate with the prosecutor; he is your lawyer now. good luck.


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66 Re: need help.. on Fri Jun 10, 2011 12:37 am

attyLLL


moderator
chi, why wouldn't he be entitled to your benefits if he carried his legitimate name.

obviously, the lcr did not forward the legitimation. my worry for you is that they may suddenly do so and his name will change.


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67 Re: need help.. on Fri Jun 10, 2011 8:42 am

dream123


Reclusion Temporal
thanks atty.

i am so disppaointed right now bec he filed for motion for reconsideration.

what should i do now? is there a need for me to file something to counter the motion? i need to be ready before i face the fiscal.

thanks atty...

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68 Re: need help.. on Fri Jun 10, 2011 10:18 am

Chi3


Arresto Menor
my worry is that, since i'm using my maiden name,they wouldn't allow my son to be named as my dependent and wouldn't be entitled to benefits. thank you so much.

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69 Re: need help.. on Fri Jun 10, 2011 7:00 pm

attyLLL


moderator
ysa, told you to get him arrested, but that's beside the point. an MR is one of his legal remedies. you can answer his points in the MR. when is the date of his arraignment? they will use the MR to delay it.

chi, if anyone questions whether he is your son, then show them the birth certificate.


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70 Re: need help.. on Fri Jun 10, 2011 8:19 pm

dream123


Reclusion Temporal
i was about to get him arrested but there's a problem with the police and when we are already ready he's out of of the office...

i do not have the schedule of the arraignment yet, to whom can ask about the date?

even if there's an MR, can i still ask for support pendente lite? or what other legal remedies that can i ask for him to support us for the meantime? that's my concern right now...

thanks so much...

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71 Re: need help.. on Sun Jun 12, 2011 11:18 am

attyLLL


moderator
you can ask the court which issued the warrant when the arraignment will be.

ysa, if you will remember, I originally suggested that you file a separate civil case for support. I must again caution that support pendente lite is not very clearly provided for in the law and rules as to a criminal case of VAWC, but I would say it is arguable that the court can allow it.

you will have to file a motion in court. you can do so now although he will argue it is premature because of the MR. it will be then up to the judge whether he will grant it.


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72 Re: need help.. on Sun Jun 12, 2011 9:26 pm

dream123


Reclusion Temporal
i ask my PAO lawyer that i would like to file for civil case buy he refused to since he said that it has no use bec the criminal case should end first before the civil case will prosper... i was confused...

i hope that he will be obliged to provide support already since he already admitted that he's the father, guilty or not guilty...

is that what happens atty in VAWC?

what motion should i file atty?

thanks again!

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73 Re: need help.. on Mon Jun 13, 2011 7:19 pm

attyLLL


moderator
motion for support pendente lite


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74 Re: need help.. on Tue Jun 14, 2011 8:07 am

dream123


Reclusion Temporal
i have talked to the fiscal about the motion for partial reconsideration that my ex filed and i was happy when she said that it is insignificant bec the case is already in court..

can i also request for HDO? where should i file it?

thanks so much...

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75 Re: need help.. on Tue Jun 14, 2011 10:26 pm

attyLLL


moderator
at the court.


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76 Re: need help.. Today at 11:03 am

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