tulungan nyo po ako

gusto ko po itanong , 4yrs na po kami hiwalay ng asawa ko at mayroon po kaming 1 anak, may kinakasama na po siya,ganun din po ako, mayroon na po akong anak sa kinakasama ko ngayon. siya po ay wala pang anak, dahil nakunan po ang kanyang kinakasama, gusto po makita ng asawa ko anak ko after 4yrs na walang sustento, tumanggi po ako. kakasuhan daw po nila ako,ano po ba ang ikakaso nila sa akin at ano po ba ang dapat kong ikaso sa kanila? at ano po ba ang nararapat para sa anak ko? ang anak ko po ay 5yrs. old na

sana po ay masagot nyo ang aking tanong, kailangang kailangan ko po tlga ito...

the proper charge against you is adultery for having sexual relations other than your husband. your child by him is evidence of this.

the proper charge against your husband is concubinage for living in with another woman and economic violence under ra 9262 for failure to provide support.

note that the father has visitation rights.

ano po pa ang mga consequence pagnapatunayan na guilty? and willing naman po ako na kunin nya anak ko, gusto ko lang po nasa legal n usapan ang lahat, and pwede pa rin po ba ako manghingi ng suporta ng anak ko sa kanya kahit may iba na akong kasama?

yes, the child is entitled to support. i recommend that you come up with a written agreement regarding custody, visitation and support.

i would also include a statement that your are allowing each other to live as you want without interference. Have witnesses but don't have it notarized. this will be your defense in case he files an adultery case because it can be argued he gave consent.

maraming salamat po, napakalaking tulong po nito sa akin....

attyLLL wrote:i would also include a statement that your are allowing each other to live as you want without interference. Have witnesses but don't have it notarized. this will be your defense in case he files an adultery case because it can be argued he gave consent.

AttyLLL:

Is this really advisable? I've seen these kinds of agreements before and they have been declared void?

If it is considered void, then will it still be alright to use it as evidence? If so, wont this also block the poster's option of filing a concubinage suit against the husband?

Can't we establish consent by other mean? Like, have a bunch of family friends witness the husband give consent to the wife's union with another man without having the wife return the favor?

To akiko_zach:

"Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes."

In sum, if your husband wont file any case then you are safe.

PS: Since he could be liable for both concubinage and economic violence under the VOWC Law I dont think your husband will try and stir things up and file a criminal case against you.
I think your husband is referring to a custody suit.

To be sure, talk to the guy. He seems reasonable naman e. point out to him na parehas lang kayo mawawalan at kawawa lang ang inyong anak if mag dedemandahan kayo.

PPS: Your position is more difficult than your husband's. You have an illegit child not of your husband. So I suggest that you gather evidence against your husband for concubinage and what have you, to even the situation a little bit.

b_9904, indeed it is void in the sense that it does not serve to sever the marital tie or affect their property relations, but i've seen bigamy and adultery cases dismissed for this defense but yes, there are some prosecutors who do not accept this defense. it is not an absolute defense.

yes, it will block the chance to file concubinage charges, but that's what you give up for the chance to escape adultery charges.

^thanks for the info atty!