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Pls help. left by husband and threatened by his mistress

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Stressedout


Arresto Menor
I would like to seek your advice if i may file a case for my ex common law husband and his woman.he left me and my 2 minor kids for another woman.he said that he doesn't care about his kids anymore as he wanted to have a better life for himself and no one could stop him.he doesn't care about his kids and he can no longer change the fact that he already have kids.he told me that the problem of financing our children is mine alone.he also denied the demand letter i asked him to read.he told me to file a case if i want to because it would result into nothing as he would only need to tell the court that he has no job right now and he has no money.i tried to contact him but he told me to leave him alone then his number is no longer working. i found out from his brother that he is now living with his woman in the province.also his woman has sent me threat text messages.can i do something about it since my ex and i was not married? can i file a case against them? also how long will this case be resolved as i really want justice for what my ex has done to me and my kids. can someone help me please?



Last edited by Stressedout on Wed Apr 20, 2011 2:15 am; edited 2 times in total (Reason for editing : adding details)

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attyLLL


moderator
did he sign the birth certificates of the children?


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Stressedout


Arresto Menor
Yes he did sign the birth certificate of our 2nd child but not our first child but we have lived together exclusively as a family and i can get testimonies from our neighbors that he acknowledged our first child.

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attyLLL


moderator
as painful as it may be, it is not a crime for him to end the relationship. you can check out ra 9262 if there are any acts he committed which are covered.

your second son has a clear right to support. i recommend you send a letter demanding support for both children to his last known address (best to his parents if not known) via registered mail. after which you can file a criminal case for economic abuse under RA 9262.


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Stressedout


Arresto Menor
Thanks atty., I have tried to send him a letter demanding for support but he ignored it and laughed about it. All he said was that even i filed a case against him he would simply state to the court that he is currently jobless and would simply give us money when he found some. My question is, would his answer be enough to dismiss the case? Also, his mistress has sent me threatening text messages. Can i also file a case against her for harassment? Thanks and God bless.

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attyLLL


moderator
do you have proof that he received the letter? most prosecutors don't accept the 'i don't have work' defense. even better if you can show that he ridiculed you.

what do these text messages say? you can file a complaint for unjust vexation.


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Stressedout


Arresto Menor
-Thanks, attyLLL. I just went to where he tentatively stayed when he was still here in Manila. But he did not accept the letter and he would not sign any agreement. I tried to text him when I have heard that he have already left for the province. The only reply that I got from him was "pabayaan mo na ako". Then we totally have no communications at all as his number is no longer working. I heard from his brother that he is now living with his mistress in the province.

-The text message that I have received from his mistress is "May plano na kami sayo, kung alam mo lang ang gagawin namin sau." I have saved this message in my mobile phone and sim card.

-Thanks attyLLL and God bless you.



Last edited by Stressedout on Sat May 14, 2011 1:33 am; edited 1 time in total (Reason for editing : adding details)

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attyLLL


moderator
you can send the letter to his address via registered mail with return card. it is better proof than text messages, but not absolutely necessary.

you can file a case of ra 9262 based on psychological violence for repeated marital infidelity and economic abuse. prepare a complaint affidavit and file at the prosecutor's office where you reside.


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