Deleted user
Lawyer
posted 2 years 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.
