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Civil Case against Mistress

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1 Civil Case against Mistress on Thu Dec 29, 2011 12:48 pm

amrichu


Arresto Menor
Good Day Atty,
I am married with my husband for 4 yrs this January but we are living together for 6 yrs now. We have two girls a 2.6 yrs old and 4.1 yrs old. Walang trabaho ang asawa ko since September of 2009. I work for our family. Recently this October 5 2011, pumunta cya ng Davao to work, he was there for 1 and a half month but walang maayos na sweldo, all expenses was mine so pinauwi ko cya dito sa cebu. This other woman Cathy a 38 yr old mistress I knew confessed she was my husband's girlfriend even before I met my husband. Nung pinauwi ko cya from Davao Nov 18, di cya naka hintay na sabay kami umuwi ng bahay namn sa province, yun pala nakipagkita sa babaye at they had sexual intercourse. Nalaman kulang December 15, na check ko FB messages ng mister ko at may messg ung babaye wanting my husband to call her cause she is delayed and worried she might be pregnant. I never knew my husband would fool me all these years...I want to file a case against the other woman so she would pay damages, I filed indefinite leave from work kasi di na ako makaconcentrate. Hindi ko mapapatawad ang mister ko sa ginawa nya but dahil sa mga anak namin, hindi ko cya idadamay sa kaso. pwde po ba atty? Ano po ang dapat gawin?

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2 Re: Civil Case against Mistress on Thu Dec 29, 2011 1:01 pm

attyLLL


moderator
if your claim is less than 100 k, you can file a small claims case at the MTC where you live.

but i must caution that if you were not authorized by your husband to access his fb account, then that piece of evidence is inadmissible as a violation of privacy of communication.


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3 Re: Civil Case against Mistress on Thu Dec 29, 2011 1:40 pm

amrichu


Arresto Menor
My husband knew I can access his FB acount, I once told him, if meron kang kalukuhan, better change your password pra di ko ma access pero ayaw nya dahil magdududa daw ako sa kanya. I thought filing a claim ay dun kung saan ang other woman nakatira, pwede pala didto lang sa amin? I currently live in Mandaue City and the other woman is in Talisay City. Nung mabasa ko ang message, I left her my mobile number, dun na nagtxt ang babaye at naconfirm ko nga na may nangyari sa kanila dahil akala nung babaye ang text niya ay mister ko. Can I present her text messages as evidence? Magkano po filling fee sa court? may upfront fees din ba kung kukuha ako nag atty na tutulong sa akin ma i file ang civil case? Anong case dapat i sampa?

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4 Re: Civil Case against Mistress on Fri Dec 30, 2011 12:51 pm

attyLLL


moderator
file a small claims case. rules on sc.judiciary.gov.ph.

lawyers not required. filing fee will be about P3,000. good luck to you.


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5 Re: Civil Case against Mistress on Tue Jan 10, 2012 4:32 pm

g_ee04@yahoo.com


Arresto Menor
im a working mom at naghiwalay po kami ng husband ko ng di pa legal ang problema pinagdadamot sakin mga anak ko at nasa custody nya lang sinisiraan nya ako at binabantaan pang papatayin ano po ba ang pwede kong gawin

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6 Re: Civil Case against Mistress on Thu Jan 12, 2012 6:38 pm

attyLLL


moderator
you can file a complaint at dswd, bgy or women's desk of pnp or nbi. or file a civil complaint for custody


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