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what case should i file to my husband and his mistress

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gale_star


Arresto Menor

I would like to inquire if I can still file any case against my husband and his mistress who are living together and having two children already, a more than 8 years old boy and a more 1 year old girl.

We got married last September 21, 2005 thru a civil marriage ceremony.  I am widowed when he married me having two kids already from my deceased husband.  He knew my entire life. i have kneeled down for my Father's approval and blessings because i have loved and commit my whole life with him.

He left me last May, 2007 and live with his mistress and have their eldest child born last August, 2008.  I've learned those informations from our friends. And born the other child last May, 2015.

Sometimes he send messages to me, add me i his fb account and unfriend and blocked me.

Until such time, last October 23, 2016, its my birthday. He suprised me when he went to my cousin's house where we have my birthday party.  Then it was followed again last October 30, 2016, we met at my cousin's house when he go there with my cousins.  Then followed again last November 5, 2016 at my friend's house, he go with me there for some bonding.  Then he go with me to my apartment and slept with me.  The next day, november 6, he stayed at home and go to work on the following day.  Then another day he went to my apartment last November 11, 2016. It was followed this December 10 and 20, 2016 sleeping with me in my apartment.

Now, he decided again to left me and stayed with his mistress.  i thought he is true to be backed to me as he said those words to me?

Can i file cases against them. The mistress is fond on laughing at me and saying this "even though i am the mistress, he will always come to me and stay with me."  Insulting in my part.  Almost nine (9) years that I have been in silent, then he come back to me not for good but to destroy my life and self confidence i have built against him before.  Now they are just laughing on me.

Please help what should be the best way to do for my complaint.

Thank you. Godbless

Lunkan


Reclusion Perpetua

1. Concubinage. If you file a case it has to be against BOTH of them.

2. I don't know what it's called, but in the Philippines making "lose face" actions can even be a worse crime than the concubinage in some cases.
Such can be filed separate for them or together.

3 ? Has he fullfiled all support he has to because of the marriage? Otherwice you can demand that for some passed time too.

Some case types can be handled free/cheap by Barangay Captain or Small Claims court. Start at Barangay Captain.
If you need to go further, ask PAO if they assist you or a lawyer if you can afford that. Such take long time and can cost much.

NOTE! At Barangay Captain and Small claims court level each side pay the OWN lawyers and such UNDEPENDING of who winn. If it become a normal court case, then the decision CAN be the losing side pay both, BUT if the losing side can't pay your lawyer, you are responcible to pay even if you winn. (Then you have a demand at the opponent, but such aren't much worth if the opponent can't pay...)
(I don't know if there are any exceptions.)

marlo


Reclusion Perpetua

If concubinage is your interests, it would be the very least. I doubt if that would progress as your statements negates the ground for concubinage case to prosper. I read multiple pardons (sleeping with him over and over again) in you or on your part as the legal wife which unfortunately could nullify your concubinage case against him or make your case as void as you unknowingly had implied pardon/consent to his offense already by still sleeping with her multiple times, a mere trap if you ask me.

You may demand spousal support if that is your interests and if he is not providing so. Legal separation and annulment are your other options if that would be of interests to you.

EmLS


Arresto Menor

I would like to ask what case i can file to the mistress if she posted pictures of her and my husband showing their relationship..also she used my husband's surname in her account..and even sent me messages that i should just accept that she's more worth it than me..I also have a video when i caught my husband sleeping in the girl's house. And oneire thing im in dubai now.. can i still take actions even if im here?

Lunkan


Reclusion Perpetua

EmLS wrote:I would like to ask what case i can file to the mistress if she posted pictures of her and my husband showing their relationship..also she used my husband's surname in her account..and even sent me messages that i should just accept that she's more worth it than me..I also have a video when i caught my husband sleeping in the girl's house. And oneire thing im in dubai now.. can i still take actions even if im here?
Same answers as we gave above.

I don't know if the Barangay Captain demand you are there personaly, but normaly you can let someone else represent you. Although normaly NOT a lawyer at Barangay Captain case level, but a relative.

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