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VAWC and child support

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1 VAWC and child support on Tue May 24, 2011 11:42 pm

michie


Arresto Menor
Im 8 months pregnant now however we are not in good terms with the father of my baby. We used to be fine, we had several plans but everything changed when I found out that he has someone else and I opted to inform the girl about our situation. He got mad and had death threats for me and made false accusations. But these were phone calls and text messages that i got from the girl and him. We reported it to the barangay and we were then scheduled for hearing from the barangay captain to lupon. He attended the 1st hearing and he was pushing for child support however we never got settled. I was advised that if he pushes for child support again, we will have it settled provided we will both sign a document and will file VAWC afterwhich. However he willfully failed to obey summons then on. We now have the certificate to file action for threat and have gone to the prosecutor's office and we have been advised to file for VAWC and I am scheduled for psychological evaluation. Im seeking for an advice now what could be done after. I am about to give birth by second week of June. I need your opinion on this. He has denied the baby and our relationship and Im left with too much depression and felt that I have a slim chance on this case. Thank you so much and God Bless!

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2 Re: VAWC and child support on Wed May 25, 2011 2:14 am

rollie002


Arresto Mayor
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.



with regards to VAWC

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

(b) Threatening to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;



In the absence of the foregoing evidence, the legitimate filiation shall be
proved by:

(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special law

you have to prove that the child is of the father's. In that way, you can ask for support. any handwritten document signed by him acknowledging the child is sufficient to prove filiation. DNA testing is also allowed.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

(b) Threatening to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

just be ready with the evidences. hope it helps



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3 Re: VAWC and child support on Tue May 31, 2011 1:00 am

michie


Arresto Menor
Is VAWC applicable when threats where made thru phone calls and text message? I wasnt able to record our conversation but i was able to save a text message saying that he will put me to jail if i wont stop annoying them. He considered me telling the truth, annoying them. The guy said that he might kill me cause he knows where i work and the girl says "u dont know what im capable of, i can hunt you down, i dont care about you and the baby. But again these were phobe conversations i dont have any record.

Thank you so much for the advise and help.

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4 Re: VAWC and child support on Wed Jun 01, 2011 10:49 pm

attyLLL


moderator
i will put you to jail - that is not a threat that is illegal.

as for the rest of your conversations, very difficult to prove.


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5 Re: VAWC and child support on Thu Jun 02, 2011 4:56 am

michie


Arresto Menor
as mentioned previously.. i will undergo psychological evaluation today and had referral from social welfare services on this matter so to justify the emotional dilemma im going thru. will this help at all?

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6 Re: VAWC and child support on Wed Jun 08, 2011 12:07 am

virgomom


Arresto Menor
like michie,tortured na rin ako atty. ngfile ng adultery case ang ex ko pero gawagawa ang statement nila ng witnes nya, nakulong at nakapagpiyansa lang ako. ang mas masakit sya pa ang nagkakalat ng kwento sa mga kapitbahay at napakaraming dagdag na kwento para palabasin na masama akong babae, dahil dun nagalit ang mga anak ko sa kanya dahil mas alam ng mga bata ang ugali nyang magsinungaling, pambababae nya at ngayon nga sya ang may kabit almost 2 yrs na at kasama pa nya ito ng inakusahan akong nahuli daw sa akto nakipagsex sa ibang lalaki, balita pa namin ay may anak na sila, naipapakilala nya pa ang babae sa mga bata, ngaun ay galit din sya sa dalawang nakatatandang anak ko at kung ano ano rin ang sinasabi na sila pa ang galit sa kanya gayun dapat daw sa akin dahil sa ginawa ko, bawat dagdag na kwento nya ay ramdam ko ang sakit na dala ng mga bata dahil kahit ako ay hindi ko na maintindihan kung anong klaseng tao sya. masyado nyang ibino broadcast ang kasong isinampa nya sa akin gayun nasa korte na ito. ang concern ko ay sa mga anak ko, ano po ang maaari kong gawin sa mga masamang epekto nito sa kanila? sna ay mapayuhan nyo ako.

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7 Re: VAWC and child support on Thu Jun 09, 2011 12:28 am

attyLLL


moderator
are you asking whether you can file a case of vawc against your husband for his accusations of adultery? yes you may, but i do not think it will prosper. the law will look at his acts as enforcing his rights.


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8 Re: VAWC and child support on Thu Jun 09, 2011 10:02 pm

virgomom


Arresto Menor
thanks po sa reply. kung ganoon kailangan ko muna mapatunayan na mali at walang katotohanan ang akusasyon nya bago pa ako makapagfile ng kaso para ipaglaban din ang rights ko? sana po mapayuhan nyo ako.

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9 Re: VAWC and child support on Fri Jun 10, 2011 12:46 am

attyLLL


moderator
if these are you grounds, i do not believe your case will prosper whether now or if you win in the preliminary investigation.


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10 Re: VAWC and child support Today at 4:36 pm

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