Desperate guy RA 9262 case

good pm atty,
nkabuntis po ako at sa takot ko sa responsibilidad sinabihan ko po un ex-gf ko na i-abort un baby
pero ayaw nya. sinabi po ng ex-gf ko na kapag ndi daw po ako nakipag settle s knya
pupunta daw po cya sa opisina ko at kakausapin ang boss ko. sa takot ko
sinabi ko n po wag i-abort un bata at aakuin ko na un responsibilidad ko.
ngyon po, kinasuhan po ako ng ex-gf ko ng ra9262 ng psychological abuse ska child support
dhil ndi daw ako nkikipag usap s knya at aminado nman po ako dhil busy ako s trabaho.
pinakita po nya sa fiscal yun mga text messages at email ko na pina-aabort ko
yun bata dati at ang depensa ko po ay dati po iyon at ndi n ngyon dahil na-realized ko na mali mag abort.

ngyon po, inaantay nlng po nmin un resolution. ang tanong ko po atty, may chance po ba na mawalang sala
ako dhil inamin ko nman ang tungkol s abortion at willing nko mag sustento s bata?
(2) ska pde ko ho bang kasuhan un ex-gf kasi niloko nya ko na unang ni-serve ng pao ang civil case na
child support at nung umamin nko na ako un tatay, bigla nman nila ni-serve un criminal case na ra9262.
dhil kung una nila niserve un ra9262, ndi nlng sana ako umamin dhil prang ipinakulong ko n rin un sarli ko.
(3) ska pwede ko bang kasuhan un ex-gf ko dahil tinakot takot nya kong pupunta sa opisina nmen at
kakausapin un hr ko. meron po akong mga text messages nya as proof. desperate napo ako at ayoko
pong makulong, anu po dapat kong gawin.

my recommendation to you is to talk to your girlfriend to come up with a way to settle the matter. looks like you already gave up your best defense which is to deny acknowledgment of the child.

i would have found a way to deny the emails and texts especially if there was no proof they came from you and not presented under the rules of electronic evidence.

i would not file cases against your gf. it would make things worse.

did you not have a lawyer assist you in defending yourself?

↔↔↔atty salamat, pano ko nman po ma de-deny kasi un unang letter na pinadala s akin
at invitation at conference child support lang, since sa takot ko inamin ko na akin un bata
which is totoo naman at pagtapos nun ska nila ni-serve yun criminal case ng ra9262.
prang naggive-up nrin un pao sa kaso ko kasi inamin ko n daw. pati un mga
text kasi ka-text mate ko rin po un ilang mga ka-opisina nya kaya ndi ko n daw made-deny un.
atty, sna naiintindihan nyo kalagayan ko, ayoko po makulong. anu po ba dapat kong gawin
kung kayo un defense lawyer ko..desperado nko atty..

First, prepare your bail money. that should be around P24,000 just in case.

You can argue that the failure to provide support was not intended to control her actions.

[quote="attyLLL"]

i would have found a way to deny the emails and texts especially if there was no proof they came from you and not presented under the rules of electronic evidence.quote]

paano po ba edeny ang text msgs kung example nakuha yung sim card na personal na ginagamit na cellphone at ang nabasa lang yung sent items na may katagang "darling or sweetheart" sa msg considering walang response from the other parties na pinadalhan ng msg.

how to deny? you just deny that the number is yours, and hope the other party cannot prove otherwise.

attyLLL wrote:how to deny? you just deny that the number is yours, and hope the other party cannot prove otherwise.

dito sa abroad atty. you can only acquire sim card under your name. what if the other party can prove that the number is registered under the name of the person who acquires it through his residence ID. Meaning that a chance to prove the ownership of the number is possible if they really find ways to prove it. How about it saying it is irrelevant at all to prove the ownership of the number since it is outside the jurisdiction of philippine territory.

even here in the philippines, getting a telecom company to confirm who owns a number is very difficult

attyLLL wrote:even here in the philippines, getting a telecom company to confirm who owns a number is very difficult

my question atty. is it irrelevant as part of the argument to use the number abroad as evidence (msg content) as evidence since di na ito saklaw ng batas natin sa pinas?

territory is an issue only as to where a crime is committed. as evidence, territoriality has no bearing.

attyLLL wrote:territory is an issue only as to where a crime is committed. as evidence, territoriality has no bearing.

thanks atty. for answering my question.

What if the mobile phone that the wife uses as evidence for her 9262 case against the husband was obtained because she and her relatives whacked the ex husband's car and stole the cel.? Is it still admissible even if it was stolen?

if you are referring to the messages, yes they are inadmissible unless she consents. it is regardless that it was stolen. those who did damage and stole it are liable for robbery.

what do you mean if she consents? My brother, the husband failed to file a blotter for that incident. It happened last december 25 when he visited his kids. The wife admitted she stole the cel though in her narrative with the cswd.

My brother is being sued for r.a. 9262. He has been separated with the ex for more than a year and late last year she learned that he was filing for an annulment which led her to file a case. They were not in good terms since 2008. She has a record showing she is a bipolar, she also attempted to stabbed my brother, she took over his two internet stations and pawned and loaned almost all of the units. She has estafa cases but the worst thing was she fabricated police blotters in the past allegedly saying that my brother abused her physically. And she went to CSWD for help last December stating all my brother's alleged abuses against her when they haven't been "together" since 2009. My brother live separately since 2010. Of course the CSWD were for her. They even demanded that my brother pays all her utang which amounts to almost 400k. Now she has filed a case of 9262 against him. She took off last December taking the two kids with her. She also ransacked everything in the conjugal property and brought it with her. The ref, the furniture, down to the plate. She also threatens my brother constantly that he will be imprisoned. She also maligned his name in her fb account as well as in his company. She smear campaigned the name of my brother in his office, even their company president was not spared which led him to resign due to embarrassment.

he should allege all that in his counter affidavit along with all his proof that what he says is true.

attyLLL can i used as my defense dun sa complaint nang wife ko RA9262 yung pag amin nya sa complaint nya na kinuha niya without my consent ang cellphone, important documents, Credit cards, Residence Visa ko sa abroad and even my Health medical diagnoses) as a form of harrasment?

at dahil na harass (robbery) ako sa ginawa nya (as a form of provocation) it resulted na nakapagbasag ako ng gamit dahil kinukuha ko sa kanya ang mga kinuha nya specially yung medical diagnoses ng doctor ko sa abroad na di naman nya binalik kung saan na compromise na rin ang pagpapaopera ko?

yes, you can allege that, but only insofar as it is relevant to the charges that she makes. if she is alleging injuries, question whether she displayed any proof of such like medical certificates or blotter reports. try to provide proof other than your own testimony.

attyLLL wrote:yes, you can allege that, but only insofar as it is relevant to the charges that she makes. if she is alleging injuries, question whether she displayed any proof of such like medical certificates or blotter reports. try to provide proof other than your own testimony.

yes, she's alleging injury and shows medical report to her complaint but this injury was inflected by her accidenntally when they (mom,sis and mom in law) were cleaning the house she throw a broken piece outside the house and bounce back to her head and i was outside the perimeter of the house when the injury happened after i acceded to the advise of the policemen who responded the incident to stay at my parents house but they were not there anymore when she inflected the injury by accident. the testimony of my 2 daughters (12 & 7) and parents who are present at the time of the incident is the only proof i can provide. by the way my 12 y.o. daughter recently run away from her due to her maltreatment and doesn't want to come back anymore to her.

does the testimony of my daughters who witness the actual incident would give a strong weight in my defense?

by the way my counter affidavit is supported by proofs such as pictures of her in her habitual alcohol spree inside and outside our house and in front of our children with a married man who's wife is also an OFW and even allowing that man to drive my own car without my approval was the cause of our earlier misunderstanding before i went home to philippines that even resulted that she challenge me to file a petition of legal separation as soon i arrived in phillipines (the incident was pre planned by her to provoke me and used this RA9262 in her advantage because she wanted to get rid of me but continuesly wanted to claim the big portion of my salary).

I also have receipts that i am sending support religiously every month and provided their needs(to prove of my being good husband that the incident was triggered only due to her provocation claiming 70% of my salary and then live our separate lives in which i dis-agree to the point that she took things of important value to me w/o permission).

i would try to avoid involving your daughters if possible.

attyLLL wrote:i would try to avoid involving your daughters if possible.

what if the fiscal would ask the testimony of my daughter? my daughter definitely for sure would testify accordingly to what really happens and belie the allegation of my wife of the actual incident.

I get your point attyLLL that using the childrens testimony might bounce back to me since the incident happened in front of our children which in turn a grounds for RA9262 (pyschological violence), am i right?

that's not my point. this is very hurtful for the children. try to keep them out of it.

attyLLL wrote:that's not my point. this is very hurtful for the children. try to keep them out of it.

i dont see why it is hurtful attyLLL for the child when in fact according to her if it is the only way to prove my innocence she will do it for the love to her father. In her own way of thinking if her father would be jailed the support that her father has given to her would stop because loss of income.

Her mother keep saying it to her that if her father will be jailed then she will transfer to public school, at present she is studying in a very exclusive school and i am the one directly paying her schools tuition fees aside from the support im giving to her mother, i am giving her allowances direct to her and all her school needs. I did not limit my support to my children if they ask me, i give it directly to them if possible.

this is just my personal opinion, and not based on legalities. seeing parents fight is hurtful to the common children. worse if they are made to choose sides and testify against the other. anyway, good luck.

attyLLL wrote:this is just my personal opinion, and not based on legalities. seeing parents fight is hurtful to the common children. worse if they are made to choose sides and testify against the other. anyway, good luck.

I understand your point attyLLL. and thanks by the way for the opinion, I know its been hard for the children. even me, to many people are being hurt already with our situation. But the way i see my wife her objective is really to put me down and see me crawling to death because of hate inside her heart and it is my right to defend my self. I just want to settle things in a legal and fairly manner. "The end doesn't justify the means" because our children are directly affected on this and they are the casualty.

I was supposedly willing to settle with her in terms of financial issues in a legal and fairly manner...but she doesn't want it that way that's why she file her complaint using RA9262 for her motives.

but again, since that is the challenge she is throwing to me...it leaves me no choice for me but to defend myself with all my evidence agains her allegations to prove my innocence. The only thing if judgement will be in favor on me, it will trigger her more to think of actions against me.