legal Free Legal Advice

[pol22366]

gentle people, may i seek your wisdom in this scenario:

 

my friend got pregnant nang walang kasal, and then gave birth (partner is out of country at time of birth). lady friend, forged signature of partner, para di lumabas na illegitimate ang bata... further, partner has shown signs that he is not interested in marrying the lady anymore, thus di pwede ipalegitmate ang baby in the future.

 

am no authority whatsoever sa ganitong situation, but i am sure what she did (although in good faith) will bring more problems. could you please provide some insights on this? and possible remedy.

 

nagtry ako mag backread, baka may previous case na ganito, para di ko na kayo maistorbo. but halo-halo na ang thread. baka masabi ko sa friend ko, eh ireformat nya na lang ang hard drive at magreinstall nang vista. hehehehe..

 

PUGAY!

 

The signature of the father in the birth certificate does not make the child legitimate, it is the indication of a marriage date of the mother and father. So what should be removed here is the date of marriage, not the father's signature.

 

If the mother indeed forged the birth certificate, the father can only remove the date of marriage through a court proceeding. A petition to amend entry in the certificate of birth of the child.

Edited November 24, 2008 by pol22366

[play_boi]

goodevening magtatanung lang ako regarding the case of my cousin. nasa ibang bansa sya ngyun nakatira.. meron syang bahay at lupa sa bulacan na may naka tirang kapatid at mga pamankin. 1 year na sya sa ibang bansa at wala sya kaalamalam na yun lot na isinangla ng isa sa mga kapatid nya!pinag ka tiwalaan nya ito na pahawakin ng titulo at ayun nga po naisanla! nag pretend ang kapatid nya na sya iyon na forge ang pirma nya at ngyun po eh mahahatak na ng banko! ano po ba ang pwede nya gawin sa case na ito? TIA

[Pidr0]

The signature of the father in the birth certificate does not make the child legitimate, it is the indication of a marriage date of the mother and father. So what should be removed here is the date of marriage, not the father's signature.

 

If the mother indeed forged the birth certificate, the father can only remove the date of marriage through a court proceeding. A petition to amend entry in the certificate of birth of the child.

 

 

First, my thanks for the reply, appreciate it.

 

If the only course to set things straight is to "file a petition to amend entry". Is it necessay na mother ang mag file? Kasi mother is out of country as of writing, pede ba mag execute sya SPA for the lola of baby? Pasencia na sa istorbo...

 

Thanks and pugay!

[mlpf]

To all the lawyers in this thread, my question is what's the recourse of a legal wife in the case where his husband has changed his religion allowing him to marry or take another wife. Is there any criminal or civil liabilities (under Philippine Laws) for this action of the husband and what are the legal rights of the original wife. Is it true that they can not be charged (the husband) for begamy?

 

Another question; if a couple is married without the consent of the parents (both parties) and they are also underage at the time of the marriage, is the married valid? The age in the marriage application was forged to make it appear that both parties are in legal age and parents was represented by somebody not relative to the parties. Is there a way to nullify this marriage even the couple had live together reaching the legal age and later found out not compatible with each other?

 

1st question: The Code of Muslim personal laws enocurages monogamy. However, it allows a muslim male to have as many as 4 wives provided that he is able to support all of his wives and children. A man who marries under muslim laws (PD 1083) cannot being charged with the crime of Bigamy (Section 180, PD 1083). When the man converts and then takes another wife, the 1st wife can sue for Bigamy, support and Violation of Republic Act No. 9262 if the husband neglects to support her and the children and spend time with them. It can then be argued that the husband was not sincere in his conversion and the same was done as a convenient subterfuge.

 

2nd question: If both the man and the woman were below 18 years old at the time of the marriage, the marriage is void from the very beginning. Either spouse or their parents can have the marriage nullified. They can file a Petition for Declaration of Nullity of Marriage.

[mlpf]

1st question: The Code of Muslim personal laws enocurages monogamy. However, it allows a muslim male to have as many as 4 wives provided that he is able to support all of his wives and children. A man who marries under muslim laws (PD 1083) cannot being charged with the crime of Bigamy (Section 180, PD 1083). When the man converts and then takes another wife, the 1st wife can sue for Bigamy, support and Violation of Republic Act No. 9262 if the husband neglects to support her and the children and spend time with them. It can then be argued that the husband was not sincere in his conversion and the same was done as a convenient subterfuge.

 

2nd question: If both the man and the woman were below 18 years old at the time of the marriage, the marriage is void from the very beginning. Either spouse or their parents can have the marriage nullified. They can file a Petition for Declaration of Nullity of Marriage.

 

Thanks for the answer Bro. I've known some individuals who converted to another religion just to marry another girl and claim that this is the only way to evade bigamy that maybe charge by their original wife. What if all the support for the children had not change except for having a second wife, can the original wife still charge his husband of bigamy? what will be the participation of the 2nd wife, can she also be charge in this case? Thanks.

 

If the man contracts a 2nd marriage and follows all of the requirements of the muslim religion, he cannot be prosecuted for Bigamy so long as he supports his other wife and children. If the original wife can prove that her husband was not sincere in his conversion, then she can charge both the husband and the 2nd wife (if she knows of the 1st marriage) with Bigamy.

[mlpf]

goodevening magtatanung lang ako regarding the case of my cousin. nasa ibang bansa sya ngyun nakatira.. meron syang bahay at lupa sa bulacan na may naka tirang kapatid at mga pamankin. 1 year na sya sa ibang bansa at wala sya kaalamalam na yun lot na isinangla ng isa sa mga kapatid nya!pinag ka tiwalaan nya ito na pahawakin ng titulo at ayun nga po naisanla! nag pretend ang kapatid nya na sya iyon na forge ang pirma nya at ngyun po eh mahahatak na ng banko! ano po ba ang pwede nya gawin sa case na ito? TIA

 

He has to get a lawyer. He will have to file a civil case to annul the mortgage. The land was mortgaged by his brother without any authority and without his knowledge and consent. To bolster his case, he will also have to file a criminal case against his brother for Falsification of Public Documents.

Edited November 26, 2008 by mlpf

[complicatedbitch]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

[mlpf]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

 

Annulment cases these days can be terminated in 6 months.

[Dr_PepPeR]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

 

If you can find out which RTC Branch it was filed and even better the case docket number, it's simply a matter of going there and checking with the Clerk of Court on the status of the case.

[uvgotmale]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

 

 

Ask your bf on where did he file his annulment case... then go to the RTC of that place...proceed to the Office of the Clerk of Court...inquire if there is an annulment case filed, with your bf's name as petitioner...if they replied in the affirmative, ask for the docket number and to which branch it was raffled...go to the branch given by OCC, give the docket number then ask for the status of that case...

[complicatedbitch]

thanks guys...

 

i really appreciate it. Now, i know what to do.

 

:mtc:

[bonito99]

good luck!

[lamujer]

First, my thanks for the reply, appreciate it.

 

If the only course to set things straight is to "file a petition to amend entry". Is it necessay na mother ang mag file? Kasi mother is out of country as of writing, pede ba mag execute sya SPA for the lola of baby? Pasencia na sa istorbo...

 

Thanks and pugay!

 

ang relief ba na hinahanap mo ay maging legitimate child ang anak ni lady friend at nang kanyang future hubby (pero hindi yung naka-preggy)? or i-amend ang birth certificate?

[Pidr0]

ang relief ba na hinahanap mo ay maging legitimate child ang anak ni lady friend at nang kanyang future hubby (pero hindi yung naka-preggy)? or i-amend ang birth certificate?

 

 

Greetings!

 

First Q: Ang relief na hinahanap nang friend ko na sana daw, legitimate ang anak niya, na ang apelyido is yung sa ama, kaya daw niya finorge yung pirma (with the consent of the partner na nakabuntis, na wala na intention pakasalan yung babae). As of now, wala pa yata balak pumasok uli ang lady friend into a relationship. ergo, wala pa future hubby.

 

Second Q: I-amend ang birth cert... Kasi, am thinking, valid ba yung birth cert na pinirmahan nya na forged? Common sense dictates na hindi dapat, sabi ko sa lady friend ko, tanggapin na lang nya na illegit ang bata, at dalhin ang apelyido nang babae. Kaysa naman palsipikado ang papeles nang bata. Tama po ba ang aking logic?

 

Salamat pong muli sa may interes sa aking mga katanungan, kundi po malinaw ang aking paliwanag, paumanhin po.

 

Pugay sa inyo mga magigiting na Ginoo/Binibini/Ginang Abogado...

[Missionary]

Hello Legal People,

 

I just want to ask if you can help me with my situation:

 

I'm an OFW in Dubai, UAE where a person loaned a large sum of money from me and promised to pay it back in 8 months, with monthly interest paid every month. Now, after 6 months, I found out that the person who loaned the money has gone from here to the Phils, and is now in hiding. He also owed a lot of money to other people.

 

My question is:

1 - How can we get him to pay us back?

2 - Can we file a criminal case against him in the Philippines?

3 - What can he do to counter our legal strategy?

 

A few pointers to the right direction lang po...Right now, I'm really lost on what to do. Thanks!