Bigamy Philippines

Question: Can I file a case against my husband who married someone else even if we are not yet annulled?

Answer:

Yes, you can file a case against your husband for committing bigamy if he marries another person while your marriage is still legally recognized. Under Article 349 of the Revised Penal Code of the Philippines, bigamy is punishable by imprisonment and other penalties. The law explicitly states that marrying another person while one's previous marriage is still subsisting is a criminal offense.

What are the elements of Bigamy?

To successfully prosecute your husband for bigamy, you must establish the following elements:

1. The offender is legally married.
2. The marriage has not been legally dissolved or annulled.
3. The offender contracts a second or subsequent marriage.
4. The second or subsequent marriage has all the essential requisites for validity.

What evidence do I need?

You will need substantial evidence, such as marriage certificates and witness testimonies, to prove both marriages' existence. The validity of both marriages should be established for the case to proceed.

What are the possible penalties?

Upon conviction, your husband may face imprisonment ranging from 6 years and 1 day to 12 years, depending on the circumstances. There may also be additional civil liabilities attached to the conviction.

Can I file for annulment or legal separation simultaneously?

Yes, the filing of a bigamy case does not preclude you from pursuing an annulment or legal separation. In some instances, the bigamy conviction can be used as strong evidence in your annulment case to prove psychological incapacity or other grounds.

What if my husband argues that he believed our marriage was void?

A defense commonly raised in bigamy cases is the 'good faith' or 'belief' that the first marriage was void. However, this is not an automatic defense. Your husband would have to demonstrate due diligence in ascertaining the status of the first marriage before entering the second one. Mere belief without any concrete action to verify the marital status may not suffice.

Filing a case for bigamy is a serious legal matter. It is advised to consult a qualified family lawyer to help you navigate the intricacies of the law and to ensure that your rights are adequately protected.

Will I Be Arrested If I Received a Writ of Preliminary Attachment?

Will I Be Arrested If I Received a Message About Writ of Preliminary Attachment of Properties? And Should I Need to Voluntarily Surrender to Avoid Commotion?

Question:

Will I be arrested if I received a message about a Writ of Preliminary Attachment of Properties? And should I need to voluntarily surrender to avoid commotion?

Answer:

Arrest Concern:

1. No Immediate Arrest: A Writ of Preliminary Attachment is a civil remedy and not a criminal warrant. It aims to secure the claim of the creditor by attaching your properties as security for the debt, but it does not authorize your arrest.

Surrendering:

1. No Need for Surrender: Voluntary surrender is not necessary because a Writ of Preliminary Attachment is not an arrest warrant. It is a court order directed at securing your assets for potential settlement of a claim.

Action Steps:

1. Consult a Lawyer: If you've received such a writ, consult with a legal expert to understand the scope and limitations of the writ and to discuss your options.

2. File a Counter-Bond: One way to lift the writ is to file a counter-bond. This will secure the release of your attached properties until the court decides on the merits of the case.

3. Motion to Quash: You can also file a Motion to Quash the Writ if you believe it was improperly issued.

Additional Considerations:

1. Verify Authenticity: Ensure that the message you received about the writ is genuine. Confirm its issuance through official channels, such as the court that supposedly issued it.

2. Consequences: Failing to abide by the writ could result in contempt of court, but it will not result in your arrest based on the writ alone.

Summary:

A Writ of Preliminary Attachment is not a criminal warrant for arrest but is meant to secure properties against a possible future judgment. It is advisable to consult legal expertise for proper handling of the situation and to consider measures like filing a counter-bond or a Motion to Quash the Writ.

Disclaimer:

This article is intended for informational purposes only and

LGU Failed to Pay for Delivered Goods in the Philippines

What Are My Legal Recourse if the LGU Failed to Pay for Delivered Goods in the Philippines?

Question:

What are my legal recourse if the Local Government Unit (LGU) failed to pay for delivered goods?

Answer:

If an LGU fails to pay for goods that have been delivered, you have multiple courses of action under Philippine law to claim the payment. Here are some key steps you can consider:

Initial Actions:

1. Invoice Reminder: Start by sending a formal reminder to the LGU for the unpaid invoices. Make sure you follow any specific procedures outlined in your contract or the LGU's procurement policies.

2. Direct Negotiation: Engage in direct negotiation with the concerned department of the LGU to resolve the issue amicably.

Legal Steps:

1. Demand Letter: If the LGU does not respond, you may issue a formal demand letter that outlines the amount due, the goods delivered, and the contract terms.

2. Arbitration Clause: If your contract has an arbitration clause, consider initiating arbitration proceedings as stipulated.

Filing a Case:

1. Civil Case: You may file a civil case against the LGU for collection of sum of money, seeking judgment for the unpaid amount.

2. Alternative Dispute Resolution: If the contract or applicable law recommends an alternative dispute resolution (ADR) method like mediation or conciliation, you can opt for that.

Regulatory Remedies:

1. Commission on Audit (COA): Filing a complaint with the COA may be an option since they have the authority to audit government expenditures.

2. Ombudsman: Filing a case with the Office of the Ombudsman is also an option, especially if you suspect fraudulent activity.

Special Legal Actions:

1. Mandamus: In certain circumstances, a writ of mandamus can be sought from the court to compel the LGU to perform its statutory duty, including payment for delivered goods.

2. Performance Bond: If a performance bond was secured, you may claim against this to recover your costs.

Summary:

When an LGU fails to pay for delivered goods, your legal recourse includes issuing demand letters, pursuing arbitration, filing a civil case, or resorting to regulatory remedies. Proper documentation and adherence to legal procedures are crucial in these cases.

Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice. For specific advice tailored to your situation, it is advisable to consult with a legal expert.

Hospital Malpractice Lawsuit in the Philippines

What Are the Fees for a Hospital Malpractice Lawsuit in the Philippines?

Question:

What are the fees for a hospital malpractice lawsuit in the Philippines?

Answer:

The cost of filing a hospital malpractice lawsuit in the Philippines can vary widely depending on several factors. Here is a breakdown of some of the typical fees you might encounter:

Legal Consultation:

1. Initial Consultation: Fees for initial consultations can vary depending on the attorney's experience and expertise. Some may offer free initial consultations.

Attorney's Fees:

1. Retainer Fee: An upfront fee is usually required to hire the attorney.

2. Contingency Fee: In some cases, lawyers may work on a contingency basis, meaning they only get paid if you win the case. The fee is often a percentage of the damages awarded.

Court Fees:

1. Filing Fees: You will have to pay a filing fee at the time you submit your complaint to the appropriate court.

2. Miscellaneous Fees: These include fees for securing judicial affidavits, subpoenas, and other court processes.

Expert Witnesses:

1. Hiring Costs: If your case requires expert testimony, you will need to pay for an expert witness, which can be expensive.

2. Transportation and Accommodation: If the expert is from another location, you may also have to cover transportation and accommodation costs.

Administrative Fees:

1. Medical Records: There may be fees associated with obtaining medical records or other evidence to support your case.

2. Documentation: This includes notary fees, photocopying, and other administrative costs.

Miscellaneous:

1. Transcripts and Depositions: Costs can arise from having to secure court transcripts or depositions.

2. Travel and Lodging: If you need to travel for court appearances, these costs can also add up.

Summary:

The fees for a hospital malpractice lawsuit can be extensive and depend on various factors such as attorney's fees, court fees, and other administrative and miscellaneous costs. It's advisable to consult with a lawyer to get an estimate tailored to your specific case.

Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice. For personalized guidance, it is advisable to consult with a legal expert.

Not Responding to a Notice to Explain (NTE)

What Letter Should Be Issued to an Employee for Not Responding to a Notice to Explain (NTE)?

Question:

What letter should I give to the employee for not answering the Notice to Explain (NTE) issued to him?

Answer:

If an employee fails to respond to a Notice to Explain (NTE), the next step generally involves issuing a follow-up notice or taking disciplinary action, as specified in your company's policies or in compliance with Philippine labor laws.

Follow-Up Notice:

1. Second Notice: You can issue a second NTE, specifying that this is the final opportunity for the employee to respond. The notice should reiterate the initial concerns and provide a new deadline for response.

2. Warning Letter: Another option is to issue a warning letter, stating that failure to respond to the NTE may lead to disciplinary actions up to and including termination.

Disciplinary Action:

1. Memo on Disciplinary Action: If the employee still doesn't respond after being given ample opportunity, you can issue a memo outlining the disciplinary action to be taken, which could range from suspension to termination, depending on your company policies and the severity of the issue.

Legal Requirements:

1. Due Process: Ensure that all actions comply with the Labor Code of the Philippines, specifically on the rules governing termination of employment which require observance of both substantive and procedural due process.

2. Documentation: Keep records of all issued notices and internal procedures followed in the disciplinary process. This may be crucial if legal action is subsequently taken.

Consult Legal Advice:

1. Legal Counsel: It’s advisable to consult with legal experts to ensure compliance with labor laws and internal policies when dealing with non-responsive employees.

Summary:

Issuing a follow-up notice or taking disciplinary action are typical courses of action when an employee does not respond to an NTE. Ensure compliance with both company policies and Philippine labor laws when taking any steps.

Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice. For specific advice tailored to your situation, consult with a legal expert.