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[pol22366]

Yolaks69,

 

While RA9262 seems very much imposing in your case because you are indeed the one agreived under the circumstances, it would help to set the records straight by stating or mentioning important facts in your affidavits.

 

The fact that you saw your wife and her friend inside your bedroom is one, the fact that this is not their first "meeting" or "session" would be also important. So are other details why you say you are a "battered husband."

 

Even though the law may be against you, you can still sway the judge to your side if you have good factual antecedents. If you can show that your wife is the one who is morally wrong, then you may get to have the parental authority over your child, and negate any need for support.

 

Good luck bro. Hope I helped.

 

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

[pol22366]

What are the consequence of having an affair with a barely legal girl? she hid her real age.

If you know and she knows you know, and her parents know that you know....thats a no no :upside:

[FastAndTheCurious]

I had once she was 15 and now she's 20. Were already five years, ayus na hehee.

[legalavatar]

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

 

Allege insanity... you went berserk when you realized your wife was having sex with another man in your marital bed. The world suddenly darkened, you felt a twitch and heard a voice in your head, and you suddenly blacked out.

 

Have yourself examined by a psych and relate to the psychologist all the abuse you went through, coupled with seeing or "hearing" your wife in the act. I'm sure the psych will give a pretty good evaluation in your favor.

 

If i were the prosecutor, i would understand. When it goes to trial, in my opinion, at least you have a defense which justifies your act.

 

Malay mo, baka mag-set ka pa ng precedent na "battered husband" syndrome or something.

 

also, file an adultery case because you "heard" them in the act right? you need muscle to force your wife to drop the case. file also a perjury case against her and unjust vexation (allege that your wife used your marital bed to vex or annoy you). I'm sure your lawyer can think of other cases to file. The bottom line is, you need to force them to drop the case.

 

Quid pro quo, right?

 

Best of luck.

Edited August 13, 2008 by legalavatar

[legalavatar]

^^

 

How about liability for damages under the Civil Code?

 

Malabo liability for damages, unless the courier company opened his parcel or envelope against his will.

 

After all, he consented to opening the envelope, and since there is consent, it is highly doubtful if there can even be a cause of action against the courier company.

 

(Please ignore this if your question relates to another matter. In that case, my bad.)

[legalavatar]

What are the consequence of having an affair with a barely legal girl? she hid her real age.

 

probably simple seduction, or if you're related, maybe even qualified seduction. if below 12, rape.

 

basta wag mo lang gagalitin yung babae, kasi sya lang and nobody else can file the case. galitin mo na lang after she turns 18, just to be safe.

[paolonaz]

hi to all,

 

meron po ba kayong marerecommend na nag proprocess ng annulment?

 

thanks....

[complicated8]

probably simple seduction, or if you're related, maybe even qualified seduction. if below 12, rape.

 

basta wag mo lang gagalitin yung babae, kasi sya lang and nobody else can file the case. galitin mo na lang after she turns 18, just to be safe.

 

Does the filing of the case have to be in current age? What if she filed for rape after 18 and accused the guy of sex when she was 16?

 

like the guy posted before 5 years na sila. more than 2 years sila having sex underage?

 

just asking. i think if he married her after 18, i think di na puwede mag-file ng case but what if they didn't get married? can the parents file for a case?

Edited August 14, 2008 by complicated8

[pol22366]

Does the filing of the case have to be in current age? What if she filed for rape after 18 and accused the guy of sex when she was 16?

 

like the guy posted before 5 years na sila. more than 2 years sila having sex underage?

 

just asking. i think if he married her after 18, i think di na puwede mag-file ng case but what if they didn't get married? can the parents file for a case?

 

The filing may be done even if she is already 17 or over, so that even if she is already 18 it can still be filed.

 

I have to take exception to the pronouncement of brother legalavatar though that others cannot file the case. Under present laws RAPE is considered already as a crime against persons, hence it can be filed by the parents or anybody else for that matter.

 

You also have to consider the Violence against Women and Children Law.

 

So be careful guys...

[capo]

If my college grades are low, and I failed some subjects, is it still possible to enter good law schools such as U.P. and Ateneo? Thank you guys! I am worried if I can still be admitted.

[pol22366]

There is no harm in trying dude...good luck.

[legalavatar]

The filing may be done even if she is already 17 or over, so that even if she is already 18 it can still be filed.

 

I have to take exception to the pronouncement of brother legalavatar though that others cannot file the case. Under present laws RAPE is considered already as a crime against persons, hence it can be filed by the parents or anybody else for that matter.

 

You also have to consider the Violence against Women and Children Law.

 

So be careful guys...

 

bro, just to clarify that simple seduction is a private crime. generally, yung babae lang ang pwedeng magfile. when i said others cannot file the case, i meant it only with respect to simple seduction.

 

i agree that rape can be filed by anyone because it is no longer a crime against honor.

 

for that reason i added that he should not anger the girl because the act committed cannot be any means be considered as rape as there was never any forced intercourse.

 

also, based on the facts above, i doubt if the law on Violence against Women and Children will apply, because there was never any mention of VIOLENCE.

 

The facts only barely alleged that he has/had a relationship with a girl who is barely legal. based on such circumstances alone, there can be no RAPE nor violation of the VAWC law.

 

only simple or qualified seduction could be filed. hence, i said that only the girl can file the case because simple or qualified seduction can only be filed by the offended party.

 

At any rate, I appreciate your comment.

 

Cheers bro.

[legalavatar]

If my college grades are low, and I failed some subjects, is it still possible to enter good law schools such as U.P. and Ateneo? Thank you guys! I am worried if I can still be admitted.

 

taasan mo na lang grade mo sa entrance exams. pag mataas grade mo, you will surely make it. good luck.

[legalavatar]

bro, just to clarify that simple seduction is a private crime. generally, yung babae lang ang pwedeng magfile. when i said others cannot file the case, i meant it only with respect to simple seduction.

 

i agree that rape can be filed by anyone because it is no longer a crime against honor.

 

for that reason i added that he should not anger the girl because the act committed cannot be any means be considered as rape as there was never any forced intercourse.

 

also, based on the facts above, i doubt if the law on Violence against Women and Children will apply, because there was never any mention of VIOLENCE.

 

The facts only barely alleged that he has/had a relationship with a girl who is barely legal. based on such circumstances alone, there can be no RAPE nor violation of the VAWC law.

 

only simple or qualified seduction could be filed. hence, i said that only the girl can file the case because simple or qualified seduction can only be filed by the offended party.

 

At any rate, I appreciate your comment.

 

Cheers bro.

 

 

correction:

 

"for that reason i added that he should not anger the girl because the act committed cannot be any means be considered as rape as there was never any forced intercourse."

 

should be read as: "

 

for that reason i added that he should not anger the girl because the act committed cannot be any means be considered as rape as the it is highly improbable that the girl is below 12. kung barely legal, probably 17 na sya. moreover, there was never any forced intercourse, although this is immaterial if the girl in question is below 12."

 

Just so there will be no confusion.

 

cheers!

[legalavatar]

taasan mo na lang grade mo sa entrance exams. pag mataas grade mo, you will surely make it. good luck.

 

by the way, sa ateneo lang pala applicable yan. pag sa u.p., may component ang college grades sa LAE.