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Can we file the bigamy case to my father and his mistress?
Asked by: legitimate_child
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My mother and father have been legally separated for more than a years
now and my dad lives with his then "other woman". since my parents
parted ways, that woman has been using my dad's surname in ALL her
IMPORTANT documents. She would never admit that they ever got married (WE GOT THEIR MARRIAGE CONTRACT FROM NSO), as far as we all know, they can never marry because legal separation only physically separates husband and wife but the marriage bonds can never be severed. Can my mom file the case if my father and his mistress married in virac catanduanes while their residence here in manila? February 1990 po cla kinasal sa virac, pero 1987 pa po cla d2 residence sa manila. What's the jurisdiction?
Meron pong contact ang mother and father ko kahit na separate sila. Actually my sister and I ay pumupunta sa house ng mistress nila. But, we didn't know that their married na pala already. Since 1990 pa... Nag separate sila since 1987 according to my mother. But, my father cheated to my mom matagal na! Because while my christening, my father went to the hospital cause his mistress giving birth...that's december 23, 1984. My Birthday is August 10, 1984.
Thanks. Pls. Help me.
now and my dad lives with his then "other woman". since my parents
parted ways, that woman has been using my dad's surname in ALL her
IMPORTANT documents. She would never admit that they ever got married (WE GOT THEIR MARRIAGE CONTRACT FROM NSO), as far as we all know, they can never marry because legal separation only physically separates husband and wife but the marriage bonds can never be severed. Can my mom file the case if my father and his mistress married in virac catanduanes while their residence here in manila? February 1990 po cla kinasal sa virac, pero 1987 pa po cla d2 residence sa manila. What's the jurisdiction?
Meron pong contact ang mother and father ko kahit na separate sila. Actually my sister and I ay pumupunta sa house ng mistress nila. But, we didn't know that their married na pala already. Since 1990 pa... Nag separate sila since 1987 according to my mother. But, my father cheated to my mom matagal na! Because while my christening, my father went to the hospital cause his mistress giving birth...that's december 23, 1984. My Birthday is August 10, 1984.
Thanks. Pls. Help me.
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I am not a lawyer and good for me for that. I have had some college law.
No, you can't file bigamy charges. Bigamy is a crime. It must be brought by prosecutors for the state.
What you do is inform the prosecutors of the facts and they will decide if charges can be brought. They will also decide where to bring them.
No, you can't file bigamy charges. Bigamy is a crime. It must be brought by prosecutors for the state.
What you do is inform the prosecutors of the facts and they will decide if charges can be brought. They will also decide where to bring them.
Answer Date: 07:06pm 07/03/08
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I am not a lawyer. Nothing in this document should be considered legal or professional advice in any jurisdiction. This just INFORMATIONAL ONLY
Listed are two websites that you need read under the Philippines Laws in annulment, divorce, legal separation, and bigamy. Click on the links to read more.
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Listed are two websites that you need read under the Philippines Laws in annulment, divorce, legal separation, and bigamy. Click on the links to read more.
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Answer Date: 10:04pm 07/03/08
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Yes, you can file a Complaint against your own father for "Bigamy" directly with the court or with the Prosecutor's Office. Rmember that Bigamy is not a private crime. In this case, it is immaterial whether it is the first or the second wife who initiates the legal action, for it is a public offense which can be denounced not only by the person affected hereby but even by a civi-spirited citizen who may come to know the same (People vs. Belen, C.A., 45 O.G., Supp. 5, 88).
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Answer Date: 11:34pm 07/03/08
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