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Re dismissed RA9262 - husband still not supporting sufficiently

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LC


Arresto Menor
This is the first time i log in this site.

Hope you can help and this is my case..

I'm a wife of a seafarer. We had 1 child which is 2 years and 9 months now. We are married now for 4 years but on the 3rd year, I've filed a case against him - RA 9262 and was dismissed.

I was battered by him forcing me to get out of our rented house (leaving there with his mother and his sister's daughter) and getting my cp forcely because i've forwarded the texts of his mistress (kabit) there.

I did everything for 3 years because I'd loved him. I'd loved his family also. He is a mama and ate's boy as others also say.We're not leaving as one family though our relationship was better until the time that he had other woman which is his coworker in the ship and i just discovered through text and confirmation from our friends in same ship.

I still accepted him but he doesn't want to live with me anymore. He said that we need space and i need to leave our rented house. It came to a point he forcely got me out of the room and came to dragged me and threw me which my head almost hit the wall (I know God saves me)...Those seens happened twice. I got bruises in arms. But I decided not to undergo medical examination because I really love him that time and didn't want to drag his name to bad record.

But he continued refusing to be with me and to give adequate support. I gave a letter to OWWA demanding his support. He replied dismissing the letter and no other actions done from his agency and OWWA.

So I decided to file a case against him which is the violation of RA 9262. Prior to the case, we had a conversation with HIS LAWYER and he said that he will give support of 10,000 which I think is not enough and I refused to because he lied to the lawyer with regard to our newly purchased lot. His sister always help him to fight. He even declared that our purchased lot was her sister's since the transfer is presently on going at the time of the case and they know the persons committed and we used her check in payment (which I forgot to change).Though it was purchased 5 months before our marriage, As married couple, we paid for it for 2 and half years.

The case was dismissed due to lack of merit because I don't have a medical cert and they even believed the lies my husband stated. He refused to indicate me in his allotment which in the resolution stated that he was not. The lie that I always nags him when he was in the ship is also in the resolution. I wonder why (no evidence given).

The case filed on April 2011 and dismissed distributed on August 31, 2011. I don't have a lawyer but he had. The fact that he first got the resolution though I always go to the prosecutor's office from June 1 to August 26th. The resolution date is July 16.

His Watch List Order was cancelled and abled to work abroad again last Sept 2010. He didn't declare me as his allotee (w/ in contrary to the resolution). After 8 months, he started to give money worth P5,000 on November 2010 and P4,000 monthly. But that's not enough though I'm working now. He earned P50,000 monthly though he needs to support his mother also, that money is not enough for his child. Mostly needed starting this coming month because I need to hire a nanny that will take care of my son because my mother will start to accompany and fetch my niece at school. More expenses will incur especially in food, electricity, etc.

Came to a point that I need to file loans from Pag-ibig and SSS to payback loans from other for past expenses.

What shall I do. From Sept. 2010 until now, he didn't even text me or call me even to ask how's our son. I know that he is here in the Phils now. Only yesterday he arrived.

Please advise. I don't think demand letter will force him to increase his support.

Please help.

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kapitanbp


Arresto Menor
Try to get a lawyer to help you. I know you don't have the means to hire one, try to ask friends if they can recommend any; sooner or later a good Samaritan just pops out to help you.

You can also try to seek help at PAO , IBP or any law school that provides free legal assistance. Good luck.

Contact me at my email kapitanbp@yahoo.com.ph because I'm a seaman also before I can help you how to go about your husband's agency who refuse to help you.

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attyLLL


moderator
kapitanbp, many victim wives here and I would be grateful if you could share your insights how to obligate a seaman to provide support. it is very difficult as you can see in LC's case. There may be hidden vulnerabilities that their families can utilize to get their rightful support.

LC, I'm sorry to hear about what happened. it seems like you did not have sufficient evidence, and excellent communication and writing skills are totally indispensable.


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kapitanbp


Arresto Menor
LC, Go to POEA and report the manning agency
where
your husband works, and tell them that they
refuse to help you. Because their operating
license can be revoked or suspended for such
inaction. Make a letter or have somebody make
a letter of complaint for you coz everything
should be formal. I hate to admit it medyo
maarte ang POEA sa ganyan based on the
experience ng mga naging kasamahan ko. And go
to the OFW family club weather member ka o
hindi you can report your husband & his
agency sa mga reklamo mo at needs mo, for
sure they will help you coz may free legal
service sila dun. But remember these things
might take time kaya konting pasencya lang sa
paghintay ng resulta.

Regarding sa husband mo since seaman siya u
didnt mention if officer ba cya or ratings??
If officer you go to PRC and pumunta ka sa
complaint office nila & ask the procedure. As
far as I know they will ask you to get a
lawyer make an affidavit of complaint against
your husband for non-support. Kasi pwede i-
block ang license nya and with that hindi sya
makakasakay ng barko hanga't hindi sya
nakikipag settle syo. that is based din on
the experience ng mga nakasama ko sa barko na
may mga naging kaso sa PRC kasi nag complain
ang mga asawa nila dun. Kasi may immorality
clause ang merchant marine officer like the
rest of the other proffesionals at PRC iba-
iba lang ang tawag nla.

Pag ratings (Chief petty officer - below)
naman ang husband you can file your complaint
sa OWWA and POEA kasi they need clearance
from these two gov't agencies before they
could board any ship.

I hope my post can help you in a way or so.
Rememnber this is just based on the
experience ng mga naging kasamahan ko sa
barko. And all of them worked in favor of
their wives. Good luck!!

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kapitanbp


Arresto Menor
LC, try to get a lawyer as much as possible kasi pag wala. lalo na pag hindi ka pa masyado palaban at nakikita nila takutin ka pa, ginawa ng mga yan isasang tabi ka lang muna sa POEA at OWWA, but PRC will entertain you kasi strikto sila sa ganyan na inaapi ang spouse.

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ihatehim


Arresto Menor
i sympathize with you LC. i know the feeling, trust me. i am a wife of a seafarer too. he betrayed my trust!

here is a suggestion (i have done this)...go to poea (be there by 7am, mahaba kasi pila), bring your marriage license (orig and issued by nso), proceed to 3rd floor, if asked by guard about your purpose...tell them that you need to acquire an OFW INFORMATION (especially with regards to his civil status), tell them that you will need it to file a complaint, tell them that you are the wife of this seafarer and if needed show them the orig marriage certificate issued by nso, they will give you a form to be filled up then submit, afterwards, they will give you a hard copy of this OFW INFORMATION (stamped and signed)...

if his civil status is SINGLE, pwede ka na mag file ng complaint sa poea, he will be sanctioned, subject to disciplinary action, poea will ask them to rectify the status and for him to explain. you may proceed to their complaint division, i think sa 4th floor yata yun (just ask the guard). you will be interviewed by a lawyer there. they will give you this form for you to file your complaint. magkakaron na sya ng bad record sa poea. at mag eexplain din ang agency nila.

i think your husband declared his civil status as single (sa agency) kaya di ka allotee...mandatory kasi na at least 80% of his salary must be remitted to you. kung gusto mo makasiguro kung ano ang mga nakalagay nya na information na submitted ng agency (may signature ng husband mo to) nila sa poea...ask for a photocopy of the POEA/OWWA/PHIC INFORMATION SHEET (di ko lang alam san floor makakakuha nun)...makikita mo dun yun civil status nya, kung sino ang declared spouse nya, beneficiaries sa owwa, his declared allotee, who are his phic dependents. ask ka din ng photocopy ng certificate of insurance, makikita mo dun kung sino mga declared beneficiaries nya.

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ihatehim


Arresto Menor
another suggestion...but first you have to think of the consequences thoroughly before you do this...coz this might mean losing his job...if that happens no more support for you and your child...pero kung sigurado ka naman at kakayanin mo then by all means try...it might help...

if you used to send him letters or cards, then you know the address of his principal agency, write them a letter (attention it to the president). inform them that one of their seafarer has not declared you as his allotee considering you are his legal wife. attach your orig marriage certificate, the documents you got from poea (the first suggestion i told you) and if you have filed a complaint in poea, attach the copy of that complaint. discuss also the local agency's non action on your complaint/problem. so that they will be reprimanded too.

sana nakatulong ako sa yo kahit papano. God Bless...

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lilgriever01


Arresto Menor
i hope me makakabasa pa...can i do such things kahit saang branch ng POEA? pwede ba dito sa probinsya?

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kapitanbp


Arresto Menor
pwede sa provincial poea but its going to take more time kasi irerefer din nila yan sa head office sa manila.

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lilgriever01


Arresto Menor
captain, can i authorize my lawyer po to go to the poea manila in my behalf and bring all the necessary requirements for me?..im two months pregnant po and masyadong maselan ang pagbubuntis ko. i was advised by my doctor not to travel. kaso nga lang kung saan nabuntis po ako my husband took advantage of my situation and deprived me with my rights

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kapitanbp


Arresto Menor
i do think its possible, coz your lawyer will have a better knowledge of those things.

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kapitanbp


Arresto Menor
yes that is true, 80% of his salary should go to you. and your husband knows this coz he has a pre departure orientation seminar everytime he boards a vessel; at the same time his manning agency informs him as well. so he cannot reason out to you or to anyone that he doesnt know this rule.

you can also try to send a letter to his manning agency to inform them that your husband's lack of financial support, coz manning agencies by law is required to help you on this coz if they dont they are legally liable as well for not helping you.

may i ask if your husband is an officer or ratings?

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saigian


Arresto Menor
atty may bayad po ba ang magfile ng case sa POEA nagfile po kasi ako ng case sa husband ko ng misrepresentation of civil status may babayaran po ba ako sa POEA. thank you

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