legal Legal Advice - Post Your Legal Questions

[Viola]

Disclaimer: this question does not apply to me. This is for my niece and nephew.

 

So here is the situation, ny niece and nephew lives with their eldest sister and her family. The eldest sister's live-in partner physically and mentally harms my niece and nephew.

At one point, he punched my niece in the face that she had a black eye just because of an argument regarding household chores. He also shoved my nephew one time. 

He regularly berates them and tells them they are just like their dead father. 

Is there a law that could protect them? Their eldest sister is also a battered woman but she sides with her partner and not her siblings.

I thought the violence against women and children covers this, but when i read the description this is to protect women in a sexual or romantic relationship. 

Since my niece and nephew do not fall under this requirement, will it still be applicable to them?

And are there options for them to report such abuses? My niece is 20 yo and my nephew 15. This treatment apparently has been going for several years. 

Thanks in advance.

[jackass]

Hi! Have a question regarding my situation and hopefully somebody can help me out. It's actually with regards to my wife:

We've been married for 9 years na and have two kids. Back then napapansin ko na that she has a mean streak and to put it bluntly "malala talaga ang toyo" at times. Maybe dati pinalalampas ko but lately grabe na.

She picks fights at the simplest things - pati yung clothing donations ng mom ko, nakipagaway pa sa akin because in her words "madamot daw kami because hindi raw muna inalok sa kanya" - eh hello pang donation nga eh!

She constantly acts like a child where my goodness she picks fights with my son and daughter (whose 5 and 6 respectively). Pipikunin nya and then pag napikun ang bata and nagalit, gagantihan nya na.

And goodness, she can say shit about your family and siblings pero you cannot. To be fair I dont do that as I tend to repsect my elders and my peers. But her? Pfft.

As anyone can probably see living with her is like unbearable and lately ive developed high blood pressure due to stress where a big portion is caused by her. Kawawa naman mga anak ko if maiwan sa kanya kung sakali may mangyari sa akin. My parents are also seniors na rin eh so yeah, kawawa mga kids.

So here is my big question, can i file for annulment citing psychological claims? And can i make sure na my kids will be under my custody? If so, what is the first step i should take?

 

Thank you.

 

[chups10]

On 6/1/2021 at 4:54 PM, jackass said:

Hi! Have a question regarding my situation and hopefully somebody can help me out. It's actually with regards to my wife:

We've been married for 9 years na and have two kids. Back then napapansin ko na that she has a mean streak and to put it bluntly "malala talaga ang toyo" at times. Maybe dati pinalalampas ko but lately grabe na.

She picks fights at the simplest things - pati yung clothing donations ng mom ko, nakipagaway pa sa akin because in her words "madamot daw kami because hindi raw muna inalok sa kanya" - eh hello pang donation nga eh!

She constantly acts like a child where my goodness she picks fights with my son and daughter (whose 5 and 6 respectively). Pipikunin nya and then pag napikun ang bata and nagalit, gagantihan nya na.

And goodness, she can say shit about your family and siblings pero you cannot. To be fair I dont do that as I tend to repsect my elders and my peers. But her? Pfft.

As anyone can probably see living with her is like unbearable and lately ive developed high blood pressure due to stress where a big portion is caused by her. Kawawa naman mga anak ko if maiwan sa kanya kung sakali may mangyari sa akin. My parents are also seniors na rin eh so yeah, kawawa mga kids.

So here is my big question, can i file for annulment citing psychological claims? And can i make sure na my kids will be under my custody? If so, what is the first step i should take?

 

Thank you.

 

Re first question sakto sa annulment yan. On the second question, napakahirap magka sole custody sayo. May preference sa nanay pare, having said that there is no harm in trying. Although possible mahirap. First step is a bit tricky, based sa description mo parang gone girl si wife (no offense meant). But a physical separation usually begins an annulment process, as to what causes it eh depende. Answered you without the legalese. Good luck

[chups10]

On 5/26/2021 at 11:56 AM, Viola said:

Disclaimer: this question does not apply to me. This is for my niece and nephew.

 

So here is the situation, ny niece and nephew lives with their eldest sister and her family. The eldest sister's live-in partner physically and mentally harms my niece and nephew.

At one point, he punched my niece in the face that she had a black eye just because of an argument regarding household chores. He also shoved my nephew one time. 

He regularly berates them and tells them they are just like their dead father. 

Is there a law that could protect them? Their eldest sister is also a battered woman but she sides with her partner and not her siblings.

I thought the violence against women and children covers this, but when i read the description this is to protect women in a sexual or romantic relationship. 

Since my niece and nephew do not fall under this requirement, will it still be applicable to them?

And are there options for them to report such abuses? My niece is 20 yo and my nephew 15. This treatment apparently has been going for several years. 

Thanks in advance.

Si niece e baka pwede na magsampa separate na kasi like physical injury or slander as the case maybe. Si nephew na minor pasok pa sa child abuse law, use him as mas malakas ang penalty ng child abuse. Minsan non bailable pa. Good luck

[gman101]

On 5/26/2021 at 11:56 AM, Viola said:

Disclaimer: this question does not apply to me. This is for my niece and nephew.

 

So here is the situation, ny niece and nephew lives with their eldest sister and her family. The eldest sister's live-in partner physically and mentally harms my niece and nephew.

At one point, he punched my niece in the face that she had a black eye just because of an argument regarding household chores. He also shoved my nephew one time. 

He regularly berates them and tells them they are just like their dead father. 

Is there a law that could protect them? Their eldest sister is also a battered woman but she sides with her partner and not her siblings.

I thought the violence against women and children covers this, but when i read the description this is to protect women in a sexual or romantic relationship. 

Since my niece and nephew do not fall under this requirement, will it still be applicable to them?

And are there options for them to report such abuses? My niece is 20 yo and my nephew 15. This treatment apparently has been going for several years. 

Thanks in advance.

VAWC Law can apply to your niece’s situation; children or minors do not and are not expected to have a romantic or sexual relationship with the assailant.

In any case, a charge of physical injuries with aggravating circumstance of minority of the victim can also be files especially if the niece was being assaulted before she turned 18.

Best to have her injuries inspected by a medico legal to support her filing of the criminal charges suggested above

[gman101]

On 6/1/2021 at 4:54 PM, jackass said:

Hi! Have a question regarding my situation and hopefully somebody can help me out. It's actually with regards to my wife:

We've been married for 9 years na and have two kids. Back then napapansin ko na that she has a mean streak and to put it bluntly "malala talaga ang toyo" at times. Maybe dati pinalalampas ko but lately grabe na.

She picks fights at the simplest things - pati yung clothing donations ng mom ko, nakipagaway pa sa akin because in her words "madamot daw kami because hindi raw muna inalok sa kanya" - eh hello pang donation nga eh!

She constantly acts like a child where my goodness she picks fights with my son and daughter (whose 5 and 6 respectively). Pipikunin nya and then pag napikun ang bata and nagalit, gagantihan nya na.

And goodness, she can say shit about your family and siblings pero you cannot. To be fair I dont do that as I tend to repsect my elders and my peers. But her? Pfft.

As anyone can probably see living with her is like unbearable and lately ive developed high blood pressure due to stress where a big portion is caused by her. Kawawa naman mga anak ko if maiwan sa kanya kung sakali may mangyari sa akin. My parents are also seniors na rin eh so yeah, kawawa mga kids.

So here is my big question, can i file for annulment citing psychological claims? And can i make sure na my kids will be under my custody? If so, what is the first step i should take?

 

Thank you.

 

While psychological incapacity may be a valid ground for annulment in your case; the same takes a really long time to resolve. Legal separation may be more to your liking unless you have every intent to marry again.

As for the kids, note that any child 7 and below are always expected to stay with the mother as a general rule. It would need a preponderance of evidence to show that the mother is unfit to take care of your children

[danielwtf]

I have a question re: acceptable lease periods in PH. Got an offer from a telco to rent a piece of land my family owns but i find the lease term too long (30 yrs). Not sure if this is the standard but a sound advice is appreciated. TIA