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Free Legal Advice Philippines » FREE LEGAL ADVICE » CRIME » wife's trouble, husband's obligation?

wife's trouble, husband's obligation?

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1wife's trouble, husband's obligation? Empty wife's trouble, husband's obligation? Wed Aug 18, 2010 6:46 pm

majin


Arresto Menor

Hello Atty...I would just like to ask if for example i have a estafa case for 3 years and I cant pay for the whole amount that they demand from me, and thats because my husband doesn't want to help me with my problem, plus the fact that i have no income, can they sue my husband to court? and maaapektuhan po ba ang ang pag-aabroad niya at posible po bang di siya makaalis? the legal representative told me that if my husband doesnt want to help me, they will file a case against him... thanks for the immediate reply sir God bless....

2wife's trouble, husband's obligation? Empty Re: wife's trouble, husband's obligation? Thu Aug 19, 2010 11:14 am

zulfikarl


lawyer

That's not possible. Estafa is a criminal offense. A criminal penalty is "personal in nature". Civil liability, on the other hand, may be charged against the community properties of the spouses if the debt has redounded to the benefit of the family.

If it is only a civil liability, it will not affect your husband's plan of going abroad.

3wife's trouble, husband's obligation? Empty Re: wife's trouble, husband's obligation? Thu Aug 19, 2010 11:23 am

majin


Arresto Menor

zulfikarl wrote:That's not possible. Estafa is a criminal offense. A criminal penalty is "personal in nature". Civil liability, on the other hand, may be charged against the community properties of the spouses if the debt has redounded to the benefit of the family.

If it is only a civil liability, it will not affect your husband's plan of going abroad.

thanks so much po.....one more question atty, can i possibly go to hongkong or singapore for tour only even if i have an estafa case? i was not able to get an nbi clearance because of this....

4wife's trouble, husband's obligation? Empty Re: wife's trouble, husband's obligation? Thu Aug 19, 2010 11:46 am

zulfikarl


lawyer

You can travel abroad if there was no hold departure order issued against you. Not everyone who is facing a criminal case has a hold departure order. I suggest you have it checked to make sure.

majin


Arresto Menor

zulfikarl wrote:You can travel abroad if there was no hold departure order issued against you. Not everyone who is facing a criminal case has a hold departure order. I suggest you have it checked to make sure.

thanks atty.....last na po.....where can i check po about the hold departure order?

zulfikarl


lawyer

Inquire at the DOJ.

majin


Arresto Menor

Salamat po ng marami attorney! God bless you!

attyLLL


moderator

majin, you should also check at the bureau of immigration. it is under the doj and is the agency tasked to enforce an hdo.

https://www.facebook.com/BPOEmployeeAdvocate/

majin


Arresto Menor

attyLLL wrote:majin, you should also check at the bureau of immigration. it is under the doj and is the agency tasked to enforce an hdo.


thanks po sir, can i ask the exact location po? eto po ba yung sa faura o pedro gil?

10wife's trouble, husband's obligation? Empty Re: wife's trouble, husband's obligation? Sun Aug 22, 2010 3:33 pm

attyLLL


moderator

http://immigration.gov.ph/index.php?option=com_content&task=view&id=129&Itemid=73

https://www.facebook.com/BPOEmployeeAdvocate/

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