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is it possible to file a bigamy against the husband who is living with his mistress in America

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bigamyformymom


Arresto Menor

good day Attorneys,

I would like to seek your help in regards to my parents. Last 2008 we have confirmed that my father have a family in America aside from us. However we didn't file a case because w it is just a hearsay that they are also married here. During that time we don't know how we can have any information or proof of their marriage in the Philippines.

However, in this present times when I was processing my marriage documents with my husband I had an idea to request for the cenomar of my father. And there it was stated that He is married to my mom as well as with his mistress. because of this my mother is thinking to file a legal action for my father but we don't how, and where to start.

Facts:
My parents was married on May 25,1981
and my father and his mistress was married December 10, 1995

We will appreciate all of your help and advices.
Thank you in advance...

Jadis

Jadis
Reclusion Perpetua

As long as the second marriage was contracted in the Philippines while there is a first marriage that is still valid and existing, there is a charge for bigamy. However, this charge is TIME BOUND. Your mother has to file the case for bigamy within 15 years from her discovery of the fact of the second marriage (bigamy is a private crime and can be prosecuted only at the instance of the first spouse).

When did your mother actually discover with certainty about your father's second marriage?

Also, you will have an issue with subpoenaing your father and his second wife and eventually having them arrested to face the charges, as you have said, they live abroad.

Jadis

Jadis
Reclusion Perpetua

This case is helpful regarding the prescriptive period within which to file a case for bigamy:

http://www.lawphil.net/judjuris/juri1994/jun1994/gr_109454_1994.html

bigamyformymom


Arresto Menor

Thank you for your immediate reply Attorney Jadis, I greatly appreciate it. We first discover it last 2008, when I had my first work as a call center and called my father to offer the product. However during that time we didn't know that my father and his mistress was married here too in the Philippines. We just found this fact last here when out of curiosity I requested for my father's CENOMAR.
If I may and will not too much from you Attorney, what will be the issue of subpoenaing them? Yes they are now living in America. I know they current address where they are living now.

Again many thanks to you and to the other Attorney s who would like to give their advice's...

Jadis

Jadis
Reclusion Perpetua

Well because the courts have no jurisdiction outside the territory of the Republic of the Philippines.

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