The provisions of the new Civil Code on human relations do not provide for a limitation period. However, as part of our legal system, we adhere to certain principles such as sleeping on your rights. Ideally, as soon as you suffer certain injuries due to the actions of another person, you should immediately submit the necessary measures for the damage. If you unnecessarily delay the filing of the case, your counterparty may invoke what is known in the law as laughter, that is, omission or negligence, for an unreasonable and inexplicable period of time to do what could or should have been done earlier with due diligence; it is negligence or failure to assert a right within a reasonable time, which gives rise to the presumption that the party entitled to do so has abandoned it or refused to assert it. The reason our justice system requires cases to be filed immediately is because people`s memories or memories of events are fresh. A delay in filing the case blurs memories of events and can lead to the production of evidence. In your case and in Chinita`s case, this is quite unique in the Philippine legal experience. I am not aware of any supreme court cases involving children who file damages against their father`s Paramour years after the incident. However, please note the high-profile cases in the United States of children who have been sexually abused by Catholic priests. (If I remember correctly, the current pope met with these victims of child sexual abuse during his recent visit to the United States.) The cases of these abused children were filed decades after the alleged incidents, and yet the courts awarded huge damages to these victims.
The infidelity of a father certainly causes unspeakable sorrow and suffering not only in the woman, but also in the children, as you have experienced. Please read my articles on marital infidelity: Surviving marital infidelity -salt-and-light-.blogspot.com/2006/01/surviving-marital-infidelity.htmlMarital infidelity: causes, consequences and conclusions -salt-and-light-.blogspot.com/2006/01/marital-infidelity-causes-consequences.htmlI certainly do not know the depth of betrayal and injury to your mother that you and your siblings have gone through, caused by the infidelity of your Father. However, I remember a quote from Lewis Smedes who said, „To forgive is to free a prisoner and find out that the prisoner was you.“ If you get your hands on the book „What Is So Amazing About Grace?“ by Philip Yancey, please read the chapter „Why Forgive?“ In the book, Yancey mentions the story of Rebecca, the legal woman who learned to forgive Julianne, the husband thief. Yancey also cites another idea about forgiveness given by Smedes: When you forgive someone, you cut injustice off to the person who did it. You separate the person from his hurtful act. You recreate it. In an instant, you indelibly identify them as the person who harmed you. The next moment, you change that identity.
It will be redone in your memory. You don`t present him now as the person who hurt you, but as a person who needs you. You no longer feel it as the person who alienated you, but as the person who belongs to you. Once you labeled him as a powerful person in evil, but now you see him as a person who is weak in his needs. You have recreated your past by recreating the person whose wrongs made your past painful. Adultery and cohabitation should be decriminalized or removed from the CPP because they involve a breach of the marriage contract, so the liability should only be of a civil nature. However, freeing adultery and cohabitation from crimes should still have the following legal effects: Hello atty! We live in Europe with my husband, but we got married in the Philippines. The property I mentioned is in the Philippines.Thank you very much.
Good pm atty, my family plans to remove all the cases that my husband is still dealing with for us, will there be any legal complications if we do this? He used the case as a form of harassment for me so as not to take legal action against him, that is, adultery and exclusion. Is there a waiver or legal document that could protect us from interference in the matter? We are concerned about his threats to reopen the rejected case and put us all in jail. Obviously, he uses it as a form of defence, but we would like to know what steps to take. Please advise me as my family also cares about me and my child. Wife of the lawyer. 1. Compensation may be awarded for actual, moral and exemplary damages. Current (litigation costs such as what you paid to your lawyer), moral (to mitigate or compensate for the damage you suffered, such as emotional distress, sleepless nights, etc.) and exemplary (so that the public is warned not to follow the defendant`s example). 2. As the Supreme Court has pointed out, the purpose of compensation is not to enrich the complainant, but to compensate for the harm suffered. In one case (in a civil case that did not concern conjugal relations), the trial judge awarded the plaintiff (the plaintiff) fifty million pesos in damages.
The Supreme Court overturned this part of the decision as exaggerated.3. Please also note that when filing a complaint, an application fee (or filing fee) must be paid. The higher the damages claimed, the higher the filing fees.4. With regard to the possible detention of concubines, please note the proposed changes to the legislation on adultery and cohabitation in the Senate and Congressional bills I discussed above. Hi lawyer, I`m having big problems right now. Is it true that the legal wife can file cohabitation or phychological violence against her husband or me using the proof of my letter to her husband and our image together? Hi Atty, I just want to ask what is the standard rate of acceptance fee if I decide to file an adultery complaint and exclusion against my husband? Mindy,1. The legal wife can file a complaint of emotional abuse under RA 9262 against your partner. If she chooses to charge you and your partner in criminal proceedings, the wife must instead file a complaint for cohabitation under the revised Criminal Code.2 If you continue to live in an apartment provided by your partner, this can be used against you and your partner in a case for cohabitation. If your first child uses your partner`s last name, this is also evidence against you and your partner.3. The legal wife can ask the court to issue a protection order for financial support against your partner and her employer. Please read my articles on AR 9262 and protection orders (you can find the links in the sidebar).4.
Please read my article entitled „Can a husband and wife declare in a notarial deed that they are free to marry other people and that they will not lay charges against each other?“ famli.blogspot.com/2008/03/can-husband-and-wife-in-notarized.htmlAs you can see in the article, this type of document has no legal effect that binds the signatories. However, you may be able to argue or use as a defense that the woman has already TOLERATED, that she has CONSENTED to your partner`s act of living with you. Since the woman has been aware of your relationship for several years, tolerance or consent of the woman is a possible defense for you and your partner. .