Economic Abuse

[Mike J]

I wonder if four years is below the legal defination?

per google

<snip>Moreover, no license is necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without legal impediment to marry each other are exempt from the requirement of marriage license should they decide to get married (Art. 34, Family Code of the Philippines).<end snip>

[Possum]

21 hours ago, JJReyes said:

I never met my friend's earlier girlfriend.  I believe the stipend was for her clothes, cosmetics and restaurant money when meeting with her friends.  She could have accumulated a large savings account if frugal because meals and housing were already covered.  The help requested is not money.  His defense lawyer is asking for letters attesting to his good character and known generosity.  More likely (my speculation), there will be a lump sum monetary, out of court settlement like P1.5 million, so her lawyer might be working on a contingency basis.

It is still a cautionary tale for expats.  This 2004 law applies to any sexual relationship irregardless of marital status.

If your friend is still living in the Philippines he may have to eventually pay some money . I talked to my wife's god father who is an attorney that teaches law in his semi retirement. He had a lot of questions, did the guy live with the woman, have children etc? This is not verbatim what he said and is not legal advice but the gist of it is this. Yes, there is a law governing this but it is rarely enforced. If the guy no longer resides in the Philippines there is little the legal system can do. If he does reside here he can get an attorney and request proof of the accusations and stop any further action as to his ability to leave the country until such accusations are proven, due process. He actually laughed when I mentioned this case to him. He said this could take years and though a lower judge MIGHT try to block someones passport the matter then goes to BOI attorneys which could take even more time and appeals. As a wise main said on this forum. The Philippines does not have a justice system, just a legal system.

[JJReyes]

22 minutes ago, Possum said:

If your friend is still living in the Philippines he may have to eventually pay some money . I talked to my wife's god father who is an attorney that teaches law in his semi retirement. He had a lot of questions, did the guy live with the woman, have children etc? This is not verbatim what he said and is not legal advice but the gist of it is this. Yes, there is a law governing this but it is rarely enforced. If the guy no longer resides in the Philippines there is little the legal system can do. If he does reside here he can get an attorney and request proof of the accusations and stop any further action as to his ability to leave the country until such accusations are proven, due process. He actually laughed when I mentioned this case to him. He said this could take years and though a lower judge MIGHT try to block someones passport the matter then goes to BOI attorneys which could take even more time and appeals. As a wise main said on this forum. The Philippines does not have a justice system, just a legal system.

My friend's attorney is requesting for letters attesting to his good character.  I am limiting my involvement to sending the requested letter except the case sounded interesting, so I posted about it.  The entire situation, in my opinion, is nuisance value and the girl's attorney is trying to determine how much money they can get through an out-of-court settlement.

My father studied law at UP and ended up marrying his professor's daughter.  My sisters would sometimes tease him about it.  He never practiced law after passing the bar exam.  My grandfather, the professor, eventually became an associate justice of the Philippine Supreme Court.  Our family was involved in an inherited land dispute that lasted 45 years before final resolution by the Philippine Supreme Court in our favor.  The agreement is to sell.  I told the cousins involved to deposit any share proceeds to my trust account.  As you stated, the legal system in the Philippines is something else.

[Possum]

15 minutes ago, JJReyes said:

As you stated, the legal system in the Philippines is something else.

True. It took me and my wife a few years to understand that there is a legal system which exists for attorneys but no justice system for citizens except for those that have unlimited money and time. We don't so we avoid legal issues.  We understand why some who have little money seeking 'justice' employ back riders on motorcycles. While I understand their frustration I think it is a sad commentary on the country.

[usa32]

23 hours ago, Dave Hounddriver said:

I actually like it.  Too many times I have seen foreigners find a gf and get her to quit a good job, (be her standards), only to dump her a few months later.  I NEVER asked a girl to quit her job and I think it is selfish to do so.  (MHO only).

That's her choice to do so. She is an adult. If she decides to shack up with a foreigner, not getting married. And gets a monthly amount each month. That likely was more than what she can earn. She can save that money, or spend it. However, if not married. She should have no other expectation. Just like if a foreigner with a Filipina, that says she loves him, and he buys her a house or a cell phone, then she splits with her filipino bf. Foreigner as an adult made that choice. To make foreigners aware of this law(stupidity) is great. But to agree with the stupidity. is not.

[usa32]

19 hours ago, JJReyes said:

 Stipend, allowance, gift money or whatever you want to call it.  My guess the amount was meant to replace what she was earning with the call center.  I think he never anticipated the arrangement could backfire if or when the relationship ended.  Lawyers are smart and they talk among themselves.  They found a way to go after foreigners who ditch their gf.  By the way, the law also applies to male Filipinos.

That's great to say. But none of these cases are being brought against Filipino men.

[usa32]

19 hours ago, Old55 said:

I agree with you Dave it's a fair law. 

Yea, a few Filipinas will attempt to exploit this and force the Foreigner to flee the country to avoid being charged.

Doubtful it has any effect for members here.

then you are ignorant. If you think its fair for a foreigner that supported a woman for multiple years and took care of them to be threaten with jail time, just because that relationship ended. I don't who could make a case for that being "fair"

[Old55]

56 minutes ago, usa32 said:

then you are ignorant. If you think its fair for a foreigner that supported a woman for multiple years and took care of them to be threaten with jail time, just because that relationship ended. I don't who could make a case for that being "fair"

I respect your opinion but look closely at it the way the law as intended. If a Filipina was working and asked to quit and promised to be taken care of finically but later abandoned it would be devastating in many cases. As I read the law jail time would come into play only if there were clear evidence and a settlement were not reached. Worse case pay her a settlement or leave the country. 

[Dave Hounddriver]

3 hours ago, usa32 said:

She should have no other expectation.

Is this topic is a trigger for you?

I shall give my opinion that foreigners have an expectation of how they should be treated by a Filipina, (there are many threads on those expectations), and a Filipina has expectations on how she should be treated by a foreigner.

I have seen quite a few real life clusterflucks where the expectations on both sides are not met and I do see your point that their expectations may be wrong.  If the law wants to step in regarding economic abuse that sounds good to me.  If it does not sound good to you then you have the right to vocally disagree, or to accept this is law, or to leave and move to a country that does not have that law.  Are there any other practical choices?

Edited July 19, 2023 by Dave Hounddriver

[fillipino_wannabe]

I'd leave the country straight away if it was me. She might end up reporting him to BI also then he might end up blacklisted aswell.