What case i will file?

Im married for 9 years already. we have 2 kids a boy age 9 and a girl 7. My husband had a live in partner before we got married and they had 3 girls. But after their broke up he didnt support his children. Since we started as a couple, I already seen something unusual. I found a girls picture in some of our things, he dont give me his income but all i have to do is asked a money to buy something like for example for food or some other things that even to the extend of even 1.oo candy i cant buy for my kids. I pursue my college and also with the help of my parents i did able to graduate. as years went on, i just ignored it. one night, i saw him and her half sister inside the room and hes caressing her, it was late in the night when i saw them. and he denied what i saw. but still i ignored it. until we had our own house a year ago. and also im already working but im seeing them only on sundays because at the same time im taking my masteral degree. last july 2009, he came late and drunk. he forced me to do sex with him, i refused but he insist and even to the extent he use force and i beg for him to stop but he didnt. that incident opened my mind that this is too much, this is already inhuman. my attitude change, i became moody, irritable, in short im psychologically affected. we always have that fights, arguments because at first he didnt admitted that he did that. he keeps me on texting that hurts me so much, accusing me of so many things. last dec 18, he knew that i had my period. on the night of 19, when im asleep, i felt a pain inside my private part, and i saw his hands on it. i pushed him but still he inserted his finger. i feel so disgusted and angry. Until i finally decided to leave him. on the 31 of dec, i went home to my parents together with my children. On our 1st month in my parents, he didnt support my children. he keeps on texting me with so much false accusations, until such time we went to the barangay but the barangay captain just ignored my complain about what he did because according to the barangay captain he dont want to be the instrument of our separation because he wants to restore our marriage. now i want to file a case against my husband. What will i do? what kind of case i will file? I want to have peace of mind. everything is disturbed.

Here are some of the legal actions that you can file against your husband:

(1) Criminal case/s for violation of R.A. 9262 or the “Anti-Violence Against Women and Their Children Act of 2004”. Under the law, your husband can be held criminally liable for the physical violence, sexual violence, psychological violence, and economic abuse committed against you. If necessary, you may also seek for a protection order against your husband.

(2) Criminal case/s for rape for the incidents of forced sex and forced insertion of hand/finger inside your private part.

(3) You may also want to consider filing a criminal case for concubinage against your husband and his half-sister for the incident you have witnessed.

(4) Civil case for support since you mentioned that he stopped supporting your children. –and–

(5) If you want to sever your marriage ties, you can file an action for declaration of nullity of your marriage. At the very least, you have a strong ground for legal separation (although in legal separation, you cannot remarry because the marriage tie is not severed).

Thanks for the advices, what kind of evidence Ill gonna bring to court if i will file the case stated in #1 & 2? what would be the process? where am i going to start? what would be the cost in filing the cases though im not earning that much? I need to know this as soon as possible because ginugulo nya ako. now i need to file a case so that he will know his limitations... hear you soon and thank you so much!

If you can’t afford to be represented by a lawyer, perhaps you can look for a lawyer who will prepare your Affidavit-Complaint. It will not cost you that much for the preparation of the Affidavit-Complaint. Just tell your story to the lawyer and he will prepare the Affidavit-Complaint based on your story. Once it is done, you can now proceed to the Office of the Prosecutor of the place where the crime has been committed. You will simply affirm your Affidavit-Complaint before the prosecutor. Filing fee, if there be any, is only minimal. The case will be scheduled for preliminary investigation. You and your husband will receive notice that will require you to attend the p.i. Your husband will be asked to submit his counter-affidavit. Once you receive the Counter-Affidavit, you will file your Reply-Affidavit. You can again ask a lawyer to prepare your Reply-Affidavit then you will simply affirm it before the prosecutor. Thereafter, the case will be submitted for resolution. The prosecutor will decide if there is probable cause to charge your husband with a crime in court. Once it reaches the court, the prosecutor will be your lawyer since this is a criminal case. Of course, you have the option to resort to a private lawyer if you can afford it.

Note: If you are an indigent, you can secure a certificate from your barangay to that effect. Simply present that certificate to the Public Attorney’s Office so that you can avail the services of a PAO lawyer (for free).

Thanks for the advice.. a few days ago I went to see my Aunt who is a law graduate. She told me that the problem is just very simple, my reasons are very shallow if I want to file a case against my husband. Sabi nya asawa ako so obligasyon ko yun kaya siguro kahit anong gawin sa akin ok lang kasi asawa ako even up to the extent na pwersahin ako. And I told her na di ba kahit asawa ko but I also have the right to say no? As if im just so confused of her statements... I need a clarifications.. Tnx

i have a neighbor who is running a dormitory requested to have an additional current for his building. The owner want to puy an additional current and that is putting a transformer. The problem is the owner and his contractor wants to put the electric post infront of my apartment. My question is do i have the right to refuse because even they say It is safe, we can never tell what if it expoded? The baranggay told me that i don't have the right because the sidewalk is owned by the government. If that is the case my only concern is our safetiness...I asked them why not in their premises? They answered that there is a rule that the transformer should be 3 meters away from the house so what about me? The distance of the transformer is less than 3 meters..please help me!

LEEN - Your aunt is WRONG. You do not have to be a lawyer to see that you are being abused by your husband. Do not be confused. If you do not feel like having sex with your husband, he does not have any right to force you. Fight for your rights.

Can I be sued for abandonment kasi ako yung umalis sa bahay namin? He wants to get my daughter from me, ano po ang chances ko na hndi nya makuha isa sa mga anak ko, Im working and the same time Im taking masteral right now, so ganitong paraan mas masasabi kong mas maibigay ko ang magandang bukas para sa mga anak ko compared to him na trycycle driver (hnd ko naman minamaliit). Ang dami nyang sinasabi sakin accusing of so many things, walang araw na hindi nya ako tinatantanan sa text,can I sue him for moral defamation for that? I just want some advices so I can get ready, because Im scheduling next mont to see a lawyer. Thanks.

Keep or don't erase the text messages of your husband..These are evidence.

Yes it's time to teach oyur abusive husband a lesson, file the cases enumerated by attybutterbean.

Try going to the womens desk of the CIDG of the PNP. They will help you file a case before the prosecutor's office.

We went to the barangay captain to settle the problem but walang nagawa ang barangay captain. Napagkasunduan namin na fris and sats sa kanya ang mga bata, sundays lang sakin. sinunod ko yun kahit mahirap, last sun apr 25, around 9:30am na nya hinatid mga bata sakin and akala ko umuwi na sya hnd pala. I get ready kasi may usapan kami ng mga kaibigan ko na magpicnic so its my chance na dalhin mga anak ko dun. Before 10am, nangungulit sya sakin na mag usap daw kaming dalawa, but i refused kasi wala na kaming dapat pag usapan, hanggang sa tinawagan na ako ng kaibigan ko na andun na sila naghintay samin, so umalis na kami ng mga anak ko at sumunod sya samin at ganun pa rin kulit ng kulit at naiinis ako sa kanya. Sa sobrang inis ko hndi napigilang nasigawan ko sya. Hanggang sa andun na kami sa labas at pilit nyang hinawakan buhok ko and he attempts to kissed me so ipinagtanggol ko sarili ko sa pamamagitan ng pagkagat sa labi nya, nasugatan talaga yun. Nagkasagutan at humantong sa sinampal ko sya kasi tinapon nya pagkain namin, hinablot nya ako dahil gusto nya na saktan ko pa sya, suntukin na sana nya ako. Hanggang sa may napadaang sasakyan na kakilala ko at sabi ko sa kanya na tumawag ng oulis at im very fortunate kasi policewoman yung nakasakay, tapos bigla nyang hinablot anak kong babae at pinilit nyang dinala. Nung nakasakay na ako sa trycycle nakaramdam ako ng kirot bandang leeg ko, pinatingnan ko yun sa driver at pati ng pulis nakita nyang may sugat yun pati sa kamay ko.Hanggang sa dumating ako sa police station at nagfile ako ng complaint at nirefer ako sa womens desk, then after that nagpamedico legal ako. Then they scheduled apr 27 na pagharapin kami ng asawa ko, at naghain din pala sya ng complaint sakin ant nagpamedico legal din sya. Regarding sa custody ng anak ko, nirefer kami sa DSWD, but still hndi nagbago decision ko. Ang tanong ko po, anong posibleng kaso pwede kong ifile sa kanya? Salamat po!

File a criminal case for violation of RA 9262 or the violence against women and their childred. The facts you just posted are fall squarely with the acts deemed criminal by the said law.

Just ask the assistance of the women''s desk of the police officer. Tell them also that you havve the intent of filing a case against your husband. back read na lang sa mga ibinigay ni attybutterbean na advice.

I concur that the complaint that you should file against your husband is violation of VAWC.

what happened at the end of your confrontation on 27 april? is the women's desk going to assist you in filing a criminal complaint? i hope they don't regard this as away mag-asawa.

Last apr 27 nagkaharap kami sa womens desk and he mentioned na hndi nya alam na nasaktan nya ako where in fact i had the medico legal and i had the witnesses who saw it. i want the full custody of my 2 kids, i want to get back my daughter, so the womens desk referred us to the DSWD hoping that maayos pa namin ang problema, yes, ganun ang sinabi nila samin both the womens desk and dswd na away mag asawa lang daw to. i want my daughter back. ano po ang chances na mapupunta sakin anak ko? i have some reasons kung bakit di dapat mapunta sa kanya, 1. pumupunta mga barkada nya sa house mag inuman eh babae anak ko, 2. may insidente na kasing nagyari na nagkasakit anak ko dahil sa kapabayaan nya at he just turned over it to my parents not even buying meds and foods for them, 3. may sinabi sya sakin na may nagbabanta sa buhay nya. isa ito sa ikinatatakot ko kasi dinadala nya anak ko while namamasada sya. plsssssss.

Just wanna ask what is the validity and the scope of separation agreement? I have a friend na hiwalay na sa asawa nya for almost 6 years na. He went to a lawyer and he filed for legal separation agreement, nakastate daw s aagreement about the support of the child, na wala ng pakialaman, etc. and dumadaan pa rin daw yun sa court sabi nya. I asked it because yung asaw ko, ginugulo pa rin ako, my son is with me now and me alone supporting him, walang sustento galing sa father nya. My daughter is with him, nabalitaan ko he will sell our house and lot in which conjugal property yun, pwede daw nya ibenta yun anytime he wants kasi pera lang daw nya ang pinambili dun. well, i dont care about the properties, i care for my childrens concerns and i want peace kasi parang nawawala na sya sa sarili nya. More or less how much ang magagastos in having that agreement? pano kung hndi sya mag cooperate? any possibilities?


salamat po.....

Leen, you've been through so much, have you resolved with yourself the past things that your husband did? I look back through the thread and it makes cringe to read what you've experienced.

The lawyer is correct that the agreement is void, but the parties can choose to simply abide by it and no one can contest it. Legal separation allows the spouses to live apart, and if there is a guilty spouse, his share of the community property may be forfeited in favor of the other spouse. You don't need a judicial decree to live apart, but the legal effects of marriage remain.

It is not correct that your husband owns the house by himself. It part of your community property. He will need your consent to sell it.

You can still have an agreement to live apart and that he will provide support, and it will be enforceable against him. Is this what you have in mind?

i know he has the obligation to support my son but it seems his financial capability is not enough. and also i have my work to support my sons needs, even for my daughter na andun sa kanya. though its already in my plans to indicate it sa agreement to support my son but i just want one thing which is peace so i can move on and heal myself also from the traumas. more or less how much ang magagastos ko to have the agreement and how long will it take?

you really don't have to spend anything unless you really want a lawyer to draft it for you. there are many drafts available on the internet that you can base on. google "child support agreement" and just modify accordingly.

note that we are only talking about a voluntary agreement between you and your spouse. if he refuses, then you will have to file cases to compel him.

can i approach PAO lawyer? may nagsasabi theyre cheaper

go ahead, but in most things, you get what you paid for. pao lawyers are good, but sometimes they're so overloaded. good luck.

hello attyLLL, last saturday night i went out with friends, katuwaan lang we went to disco and nung pauwi na kami around past 11pm, may mga tumatawag sa phone ko, unregistered numbers. then one of the calls pinasagot ko sa kaibigan ko kasi may kinausap ako na friend na kasama namin, unfortunately its my husband. then kung anu ano na ang pinagsasabi nya sakin. then he called to my landlady kung san ako then nagbanta pa raw. the following night ganun pa rin ang daming mga sinasabi sakin na masasakit, i decided to change my mobile number. i made my mind, sobra na. so i went to a CHR lawyer yesterday and she told me about an option of filing RA 9262 and maghaharap kami next week on the 24th sa CHR office. pinadalhan na sya ng letter. the lawyer told me to prepare mga evidences and some witnesses. Atty, regarding dun sa marital rape, wala naman po akong evidence dun even medico legal kasi di talaga pumasok sa utak ko yun, pero pwede ko syang ipasok sa emotional and psychological effect nun sakin. dun naman sa sinaktan nya ako i have the complaints sa womens desk and the medico legal, i can use that as evidence sa pananakit nya and yung pagbabanta nya sakin and stalking, i can get yung brother ng landlady ko kasi nakita nya na pumunta sya sa tinitirhan ko and yung guard namin dito sa office. Atty, ano po and chances na mapanalo ko ang case. kasi sabi ng lawyer if ever di sya sisipot next week nasa sakin na kung itutuloy ko yung case or not. this is the right time para pagbayaran nya lahat ng mga ginawa sakin. thank you so much!

so the case is being heard by the CHR? well, your first objective was to get your husband to stop. hopefully, matauhan na siya that he cannot keep harassing you.

rape can be proven by the sole testimony of the victim. you have a lot of evidence to prove the ra 9262 violations. i'm very sure one or some of your charges will pass the test of probable cause. good luck.

CHR lawyer attended me and she already sent a letter. yesterday our supervisor called my attention and she talk to me kasi daw may nagtext sa kanya and asawa ko daw and he requested na ipatanggal ako sa work ko because of immorality. so i did explained my supervisor about the real story and our problem. he is talking about immorality kasi may nakasagot sa call nya na guy daw last saturday aug 7, the last time we talked thru the phone it was also the last time i used that mobile number kasi i decided to change number kasi ayoko na may matatanggap pa ako ng mga texts galing sa kanya. atty sa totoo lang may mga nagpapadala sakin ng mga flowers and they just put like for example sa card to honey novelen, some would write dearest novelen, they are from those guys na nanliligaw but i dont mind them, then one of those cards nakita nya, is that enough evidence na ipapakita nya na immoral ako? is that enough na tawagin nya akong higit pa sa pokpok? oh im sorry to say that word. im hoping justice will be serve! thank you so much!

of course these flowers, cards are not evidence of immorality. keep documenting these events. ask your supervisor if he can issue a written statement or affidavit regarding the communication he received.

AttyLLL, yesterday was our conciliation sa office ng CHR but di sya sumipot. wala daw return card sa pinadalang sulat, so baka hnd raw nya natanggap yung letter, but pinatuloy na ako for investigation, dun sinabi ko lahat2 ng mga ginawa nya. kinunan ako ng statement. After daw nun, ipapadala sa kanya uli yung mga sinabi ko thru letter and dapat nyang sagutin yung mga allegations ko, but if kung hnd pa rin sya sasagot, iproceed na raw sa prosecutors office para tingnan kung malakas ba yung mga grounds, then he will be issued warrant. Atty, i dont have any evidence when he forced me to have sex with him. i only have yung medico legal nung sinaktan nya ako physically, wat po ang gagawin ko? salamat po!

well, you can't make up evidence so you'll just have to rely on your bare testimony. there have been cases that has been enough to convict.