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Ano Possible Case Para Sa Asawa?

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1 Ano Possible Case Para Sa Asawa? on Tue Aug 02, 2011 1:30 am

rey04


Arresto Mayor
good day atty, im now quiet a fan of this helpful website. thanks to the creator and moderators of this site.

since my case of my wife and my stepdaughter was already dismissed (Thanks to the Lord) I am now more focused on the prevention of the same incident.

since these cases were provocative in nature by my wife, i am asking on what laws can i use against my wife. whenever her tantrums occurs, she shouts me very unpolite words like "wish you were dead", "i will kill you" etc. several times she harass me by stabbing my motorcycle,physically attacks me and destroy things in our house. also, send threatening text messages to me that she's in our barangay hall asking for a BPO and will sue me for RA9262 coz she wants to get hold of my ATM. Since i can't retaliate to her physically and emotionally, can you advise me how to counter these provocative actions by my wife aside from walking out from her during the fight. Otherwise,I will have a new nickname of "Under sa Asawa" for not doing something about it.

I know these will happen again in the future which i hope not.God help those good men who shall be harassed with this unfair law (RA9262) by their partners whom they loved and trust.



Last edited by rey04 on Tue Aug 09, 2011 1:19 pm; edited 2 times in total

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2 Re: Ano Possible Case Para Sa Asawa? on Tue Aug 09, 2011 10:27 am

rey04


Arresto Mayor
Atty, here again. sorry for this annoying questions from me but in this forum can i find relief on my marital problems for free. Hindi ko kasi alam na kailangan pala mag set aside ng pera for litigation costs, nako!


these are my question:
1. Since success rate for annulment is quite very low in terms of psychological incapacity, can I choose instead legal separation? How much is the acceptance fee sa lawyer?


2. When legal separation is already filed in court, can she still refile the RA9262 against me? Prescription period kasi ng VAWC is 20 years if im not mistaken.

I still recieve verbal abuse almost daily by my wife. I dont know how long I can handle this. Currently, Im only having 50K on my savings account and she's depleting it. I suppose to pay this for my tuition fee since Im currently enrolled in engineering for continuation. She knows daw that she has the right to have all my income. I dont know kung sino nag inject sa utak nya. REally can't afford to have many cases to handle for now.

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3 Re: Ano Possible Case Para Sa Asawa? on Mon Sep 05, 2011 9:25 pm

rey04


Arresto Mayor
sir ano po mo ibig sabihin sa reglementary period na mentioned dito:

"The undersigned is inclined to grant the motion to withdraw without prejudice to its refiling should the complainant opted to do so within the reglementary period as provided by law".

This came from the resolution of the assistant prosecutor handling my RA9262 case.

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4 Re: Ano Possible Case Para Sa Asawa? on Mon Sep 05, 2011 10:54 pm

attyLLL


moderator
it means she can re-file the case before the time to do so expires.



Last edited by attyLLL on Tue Sep 06, 2011 7:00 pm; edited 1 time in total


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5 Re: Ano Possible Case Para Sa Asawa? on Mon Sep 05, 2011 11:40 pm

rey04


Arresto Mayor
thats what i called VERY UNFAIR....

does this means she can refile it anytime within 4 years as reglementary period using the same evidence? or the prosecutor needs additional evidence for the refiling?

btw, i went to a psychiatrist and asked for an advice regarding our situation. after hearing all what has happened to me since day 1 of our marriage she advised me to undergo annulment. but i refused, in my mind Im still thinkng of gathering more evidence. i am now recording her ranting on me, infact i have recorded two of those awhile ago. she advised us to underwent psychological testing there in psyche consult(manila) to see who's really sick of us before she conduct counselling. but my wife refused. she's nagging me all the time and just awhile ago throw my clothes in our van so that i could leave them forever.

isa ring kinatatakutan ko atty is whenever i pursue filing an annulment or legal separation case is she would also pursue the refiling of her botched RA9262 sa akin at gawing negotiating leverage laban sa kin. hindi ko makakayang bayaran ang 2cases simultaneously. the last time i talked with my attorney is 50K daw hingi nya as acceptance fee nang RA9262 kasi mahirap daw idefend.

hindi ko talaga makakausap nang matino asawa ko.palaging sigaw at pananakot sa akin.


tsktsktsk....
what's your advice attorney if your in my shoes?

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6 Re: Ano Possible Case Para Sa Asawa? on Tue Sep 06, 2011 6:59 pm

attyLLL


moderator
she can rely on the same evidence as before. as i said before, a med cert has no expiry.

sorry, the correct prescriptive periods are:

Sec. 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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