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need help..

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76 Re: need help.. on Wed Jun 15, 2011 12:12 pm

dream123


Reclusion Temporal
should i still need a lawyer to file for HDO and suppoer pendente lite?
or can i just go straight to the fiscal and the court?

thanks...

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77 Re: need help.. on Thu Jun 16, 2011 2:16 pm

attyLLL


moderator
i recommend you get a lawyer to assist you prepare the motions, and note there will be hearings on these motions.


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78 Re: need help.. on Thu Jun 23, 2011 8:22 am

dream123


Reclusion Temporal
i went to th fiscal yesterday and she's asking me to provide a birtch certificate first for the information needed in filing the HDO.

i also asked her if i can avail of the support pendente lite but she told me that i am not indigent but we can still ask it during the arraignment given that he is an engineer...

should i wait atty? are there not any other legal remedy for this so he can be obliged to give already??


thanks atty....

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79 Re: need help.. on Thu Jun 23, 2011 9:16 pm

attyLLL


moderator
you don't have to be indigent, but you can pay for your own lawyer now to file a motion for you. it is also valid to wait until the arraignment because the court might schedule it then anyway.


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80 Re: need help.. on Mon Jun 27, 2011 2:20 pm

dream123


Reclusion Temporal

Posts: 101
Join date: 15/07/2010
Age: 26
I might just wait for the arraignment then.

regarding the support for the child, what if i become jobless, will the court obliged the father then to provide all of our child's needs? from milk, diaper, medical needs, yaya etc??

also, the fiscal asked me to get the birthplace of my ex needed to be provided to file for the HDO, is there any way i may be able to get that information?

thanks atty....

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81 Re: need help.. on Mon Jun 27, 2011 11:40 pm

attyLLL


moderator
i don't remember, if that's not in your marriage contract, then it will be in his birth certificate.


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82 Re: need help.. on Tue Jun 28, 2011 7:08 am

dream123


Reclusion Temporal
we are not married atty.

he is already married with 2 kids even before we had a relationship.

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83 Re: need help.. on Tue Jun 28, 2011 8:20 pm

attyLLL


moderator
i don't know if nso will release his birth certificate to you.


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84 Re: need help.. on Tue Jun 28, 2011 9:38 pm

dream123


Reclusion Temporal
is there a possibility that an HDO will be lifted even if the case is still pending?

thanks..

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85 Re: need help.. on Thu Jun 30, 2011 4:29 pm

attyLLL


moderator
yes, if judge will allow it, or it has reached 5 years


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86 Re: need help.. on Fri Jul 01, 2011 8:12 am

dream123


Reclusion Temporal
regarding the support for the child, what if i become jobless, will the court obliged the father then to provide all of our child's needs? from milk, diaper, medical needs, yaya etc??

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87 Re: need help.. on Sat Jul 02, 2011 1:41 pm

attyLLL


moderator
you will have to request that from the court.


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88 Re: need help.. on Tue Jul 05, 2011 8:48 am

dream123


Reclusion Temporal
what will happen if he would fail to show up on the arraignement?

thanks.

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89 Re: need help.. on Thu Jul 14, 2011 8:49 am

dream123


Reclusion Temporal
hi atty.

i received a notice from the prosecutor that i need to file a response for the motion for consideration filed by my ex...

do i still need to answer that even if we are already scheduled for arraignment this August?

thanks...

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90 Re: need help.. on Thu Jul 14, 2011 9:56 am

attyLLL


moderator
you should file a response


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91 Re: need help.. on Thu Jul 14, 2011 2:19 pm

dream123


Reclusion Temporal
what if i did not file a response?

the fiscal told me that the motion for reconsideration filed by my ex is already irrelevant since we are scheduled for arraignment already.

i am quite hesitant to file since I do not want to take anothe rleave from work just to answer his lies on the motion he filed.

pls advise atty if it will not affect if i do not respond.

thanks!

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92 Re: need help.. on Thu Jul 14, 2011 8:10 pm

attyLLL


moderator
it's up to you if you want to take the risk not to respond, but it's true that prosecutors rarely grant an MR.



Last edited by attyLLL on Thu Aug 11, 2011 6:20 pm; edited 1 time in total


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93 Re: need help.. on Wed Jul 20, 2011 10:02 pm

Chi3


Arresto Menor
Chi3 wrote: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.


hello.

ayaw po i-acknowledge ng school ng anak ko ang napresent ko na BC from NSO. sabi po kasi, nakapirma ang father ng admission of paternity so the child should use the father's last name but sa BC nya from NSO, surname ko ang nakalagay.

tama po ba na i-deny ng school ang napresent ko na document?

thank you so much.

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94 Re: need help.. on Thu Jul 21, 2011 7:34 pm

attyLLL


moderator
school should follow what is written on the birth certificate.


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95 Re: need help.. on Thu Aug 11, 2011 3:20 pm

dream123


Reclusion Temporal
attyLLL wrote:it's up to you if you want to take the risk not to respond, but it's true that prosecutors rarely grant an MR.

hi atty,

my ex was already arraigned yesterday. i am quite disappointed though bec he pleaded not guilty of economic violence. our next hearing is on October. How many hearing are we goign to attend atty? and what other legal remedy that will force him to give support while we are on going trial?

thank you.

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96 Re: need help.. on Thu Aug 11, 2011 6:24 pm

attyLLL


moderator
accused pleading guilty is very rare. no. of hearings to be scheduled depends on how many witnesses are to be presented. I believe we already discussed extensively that you can file a motion for provisional support. if not granted, you'll have to file a separate civil complaint for support.


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97 Re: need help.. on Fri Aug 12, 2011 8:08 am

dream123


Reclusion Temporal
attyLLL wrote:accused pleading guilty is very rare. no. of hearings to be scheduled depends on how many witnesses are to be presented. I believe we already discussed extensively that you can file a motion for provisional support. if not granted, you'll have to file a separate civil complaint for support.

i already asked the fiscal that i want to file a support pendente lite but she refused to and just told me to wait for the next hearing and filing another one will is also the same and would take a long time as well... i don't know what else to do atty... please advise... thank you...

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98 Re: need help.. on Fri Aug 12, 2011 10:37 pm

attyLLL


moderator
then a separate civil complaint for support is your remedy.


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99 Re: need help.. on Sat Aug 13, 2011 9:47 pm

dream123


Reclusion Temporal
will it be the same process as RA 9262? that long? or shorter?

thanks....

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100 Re: need help.. on Mon Aug 15, 2011 10:46 pm

attyLLL


moderator
it is different. your petition is filed directly with the court. you can get a result quicker


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101 Re: need help.. Today at 5:45 pm

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