Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

RA 9262 section 5 (i) elements & evidence?

2 posters

Go down  Message [Page 1 of 1]

RitaAm


Arresto Menor

Hi, may i ask what are the elements of and evidences ang pwede ma gather ni wife against husband for filing case under RA 9262 section 5 (i). Pls notice ☺☺ thank you in advance!

Jadis

Jadis
Reclusion Perpetua



(1) The offended party is a woman and/or her child or children;

(2) The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode;

(3) The offender causes on the woman and/or child mental or emotional anguish; and

(4) The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar such acts or omissions.

http://www.lawphil.net/judjuris/juri2015/jun2015/gr_199522_2015.html

RitaAm


Arresto Menor

Okay. Thank you!

Scenario is si husband ay may third party daw, then nagkaroon ng confrontation but that time si wife ang nananakit. Then after that scenario wife filed section 5 (a) and (i) under VAWC. She claimed sinaktan sya and such and di daw nagpapadala si husband,but si husband defense nya ay nag papadala naman daw sya with bank receipt 20-30k monthly. Nag padala pa rin sya bayad tuition for 2 kids after few months kahit on going na ang hearing sa fiscal. Nag stop daw ng padala ni husband kasi

1. Kinasuhan daw siya
2. Di pinapakita mga anak
3. Di pinapapasok sa sariling bahay pati personal na gamit lahat kinuha
4. Pinasara ni wife bank acct nya
5. Nawalan ng source of income si husband daw because sa ginawang scandal daw ni wife.

My question is;

1. Ano ang pwedeng gawing evidence ni wife if it really cause her/them mental and emotional anguish?
2. And for public ridicule and humiliation?


Thank you again. ☺

Jadis

Jadis
Reclusion Perpetua

She should be assessed by a clinical psychologist or a psychiatrist, preferably a government one.

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum