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MORAL AND ACTUAL DAMAGES.. I GOT PREGNANT

2 posters

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nitz


Arresto Menor

Good day attorney,

I understand that Damages include actual (lost earnings, for example), moral (besmirched reputation, sleepless nights, etc)

I got pregnant here in abroad. The father of the child (married) convinced me to go home and give birth in the Philippines pledging to give financial support to our child and the maternity expenses. I was convinced.

However, he refused to sign the AFFIDAVIT OF CHILD SUPPORT from the Philippines Embassy. And the problem is I already ask permission to my boss that I will end my contract this August 2010. My Visa will supposedly end on March 2011. I am earning P36,000.00 monthly.

1) I agreed with what He said that I will go home . Can I file a case for Actual Damages to the father for lost of my earnings?

2) Can he be charge an amount of P300,000.00 equivalent to my monthly earnings for 7 months plus benefits that supposedly I will get from the company before my contract end?

3) Can I ask him for support for my food allowances, transportation and clothing when I am jobless for several months due to pregnancy?



Last edited by nitz on Sun Jul 18, 2010 6:39 pm; edited 1 time in total

attyLLL


moderator

tough situation. i assume you are unmarried.

IMO, i believe the ultimate decision to resign and go home was yours, and you cannot demand from him your lost wages. you may have a chance if you can show that he acted fraudulently or he refuses to give support in evident bad faith.

your first challenge is to prove filiation of the child with the father. you should have written acknowledgment. emails and texts can serve this purpose.

you can file a complaint to regain your financial losses. at best your case has merit, but not necessarily enough to win all the damages you seek.

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

nitz


Arresto Menor

attorney thank you for the reply, yes we are not married.

Follow up question:

When I told him I'm pregnant he wants to abort our baby but I refused. Then He threatens me twice and say bad words. Can I file moral damages to my ex-boyfriend?

attyLLL


moderator

yes, you can. good luck.

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

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