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Seeking for Advice on my EX-GIRLFRIEND WHO WONT LET ME SEE MY DAUGHTER, the child has my surname

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Arresto Menor
I'd like to ask for an advice as to what i can do if my ex-girlfriend won't even let me see my daughter. The child bears my surname, I feel helpless.

Now, she (my ex) uses facebook to call me names like "inutil" , "baog" which are all false and malicious. We have issues before, she filed for a complaint in our barangay saying that I am irresponsible and stuff like that, which is not true, I have a job, its not paying me high but enough to support the child...even my neighbors are all against her for not letting me see my own daughter...her mom slapped me 5 times for just visiting the child that day before she filed for a complaint, I have witnesses. I should've filed too, but I didn't.

I just want my daughter to know me and recognize me as her father, she just turned 1 year old last month. Please help me. Also, can I sue her for oral defamation?

Thank you for reading my query. God Bless

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Arresto Mayor
Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

with regards to the child, the family code states that children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children, but you can have visitation rights

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what case is this that was filed against you? perhaps you can consider filing a counter charge so you will have leverage to negotiate visitation rights. otherwise, begin with filing a case at the bgy then later escalate to a petition in court.

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