posted a year ago
Early retirement
good day po hingi po sana ako ng legal advice isa po akong retired army po... may asawa at anak na isa.. yung asawa ko nasa canada na since 2010... last 2021 nag file ako ng early retirement.. kumuha ako ng cenomar na find out ko second husband ako... almost 1.2m napadala ko sa kanya pati gastos pa canada nya pera ko... nag retired ako na walang pera dahil sa binayad na loan 1.8m na pinadala sa kanya... ano po case po dapat sa kanya at saan nag file... Tnx sa advice
  • Philippines
  • Employment
  • Family Law
  • Public Law

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posted a year ago
A pleasant day to you. From your narration, my first point is that - being the second husband, your marriage with the guilty spouse is void and bigamous if the first husband is still alive or the first marriage was valid and subsisting at the time of your marriage with the guilty spouse. Should that be the case, my second point is that you can sue the guilty spouse for bigamy, she having contracted a second marriage while her first marriage is valid and subsisting. This can be used as a leverage in getting back your hard earned money and well-deserved retirement pay. Then too, my third point is that, since your wife cajoled, and induced you into giving away your well-deserved retirement pay to her and then ran away with it, if the elements of the crime of Estafa occurred in the Philippines, you can sue her for the said crime. However, the impediment arises if the consummation of the crime took place in Canada, so that the case might not hold in court because criminal law is territorial. Finally, my fourth point is that, should the crime of Estafa hold in court, the persons who are related to each other exempted from criminal liability for Estafa would be between spouses. This presupposes a valid and subsisting marriage. But yours is void and bigamous. The complication there is you also need to have it nullified because the law does not allow the parties to the marriage to speculate on its validity.
posted a year ago
Good day Sir, may I ask the following details?: 1. Ur residence 2. Base po sa sinabi mo na 2nd husband ka,kelan po ba ang date ng kasal sa frst husband at ikaw po (allegedly 2nd husbnd) Kung san ka po resident, dun ka po mag file ng action, probably, jurisdiction po ng RTC kng san ka resident