Is RA 9262 also applicable even if accused already resides in the U.S.?

May I please ask if it would still be possible to file for RA 9262 case against my ex-husband for not supporting my children in terms of financial needs specifically school expenses such as tuition fees, books and other daily needs.

We have been annulled in September of 2007. He persuaded me into filing the annulment so that he can get married to his girlfriend who is a balikbayan residing in New Jersey. And that he said, he'd be able to send his monthly financial support for my kids since he's getting a job in the U.S. thru the help of his girlfriend. He was able to convince me to file the annulment on the promise that all expenses for the case shall be shouldered by the girlfriend and that he'll be supporting my kids monthly. True enough, the annulment went on, without me and him spending a single centavo and got the Court's Decision in Sept 2007.

Up to this point, he has not sent anything to support my kids' education, although he has had some presents given to them when he travels back to the Philippines, it still does not fall under the promise of sustaining my kids' education.

To date, it has been solely my immigrant mother who's been supporting me with my kids' education. My mother is not getting any younger, and my kids' needs and expenses are getting bigger as they are growing up.

Please give me advise... will I be able to file the case "RA 9262" against the father of my children or how will I be able to get legal support for my children?

Can you tell us more how this annulment case proceeded? was it for psychological incapacity? was it at a court where you or he resided? did you ever appear in court?

in your annulment decree, was there any provision about support for the children? were they declared illegitmate?

yes, a case of economic violence under VAWC can still prosper up to a certain point even if the accused is outside of the philippines. one of the essential elements, the economic violence experienced by the children, occurred within RP territory.

if you wish to file a complaint, i suggest you do it directly to the prosecutor's office, and make sure that the address of your husband is that of someone who can receive it for him (like his parents).

the prosecutor can continue the case up to the filing of the information in court, but for the case to continue thereon, he will have to voluntarily appear or be arrested. meanwhile, you can file a watchlist order or hold departure order and inform the Bureau of Immigration of his warrant of arrest, and when he comes back he may be arrested at the airport, or be unable to leave.

Thank you for replying...

the annulment case proceeded like an act since it was pre-arranged. he was not required to attend any hearing to make it appear that he was no longer interested in our marriage. i would be attending the hearing with P1,500 per appearance i made. this was agreed between us also because i had to get out of my way from going to work just to attend to the hearing. so he said he'd give me allowance for every time i appear in court. the money was handed to me after every court appearance (not by him but through the lawyer).

the case was filed sometime in feb or march 2007 then the court's decision came out in sept same year. it was granted due to psychological incapacity.

the court was no where near where we resided. we lived and got married in Paranaque when i was pregnant with our second child in year 1994, but the case was filed in Binan. The lawyer made it appear that he used to live in Binan, Laguna (though in reality he never did). Also, the lawyer said, annulment cases filed in Binan get better chances of being granted because it's a Provincial Court.

in the annulment decree, there was no declaration about support for my children. I was asking about this to the lawyer, but she said, for child support i will have to file for another case aside from the annulment. since i don't have the money to do so, i just heeded to rely on the promises that monthly support will be sent to my children directly. it's been 3 years now since he made those promises, not one of those promises came true.

my first son was born earlier in 1994 before we got married, he carries my last name. my second son was born in 1995 under his name.

so where is your husband now? are you still in contact with him? do you have his current address?

when was the last time he came to the philippines and how often does he do so?

your children are still considered his legitimate children even if your marriage was annulled. they should have received presumptive legitimes by order of the court and they are still entitled to support.

I suggest you send a letter demanding support to him, if you know where to send it. even an email will do.

he's in New Jersey... the last time I heard he was here last February this year...

we don't communicate anymore, but contacts my children from time to time...

I can send him emails regarding demands for support...i just doubt if he'll reply back...

thank you very much...

I'll send him demand for support thru email now...

thank you very much...

is it possible to receive a resolution thus nobody in my family member accepted the subpoena?

isiey, yes. participation by the respondent in preliminary investigation is not required. but if a resolution is issued, the remedy is to file a motion for reconsideration or reinvestigation

the resolution was issued a month ago after i leaved the country and as per my knowledge we're now residing on the same country? how can i stop the case thru legality since i am planning to have my vacation?

when you arrive file bail. but you run the risk that a hold departure order be issued against you.

check with the Bureau of Immigration if you are on the derogatory list. while i do not recommend it, you can also just go in and out without facing the case, but you do that at your own risk.

thank you very much...

we have some conversation in Yahoo messenger. i offer to give money for the support of our children but she refused instead she told me to keep it or put it into the bank. so i do it every month i am sending money for them and deposited into their own account. (my two children).

can i use this conversation against her complain that i am not supporting my kids?

that will be good evidence, especially the bank transactions. didn't you raise this in your counter affidavit?