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bepresentnow

LEGAL obligations for impregnating a Filipina

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Stranded Shipscook

Gunther;

 

The reason I am researching age of consent is because we know a 14 year old girl who was impregnated by a 22 year old Filipino.

I can't say what barangay she is in, so as to try to protect her identity, but her barangay captain says there is nothing he can do to help her family to prosecute the man or even to help collect support for the baby.

According to what the family was told, it isn't against the law as long as the girl was at least 12 years old, she consented and the man wasn't 10 or more years older than the girl.

I have checked online for updates on the new law which was supposed to have raised the age of consent to 16, but as far as I have been able to find, it hasn't yet been instituted.

If you have the link you to the new law which you refer to, I would appreciate it, as I would immediately hire an attorney for the girl and try to grease the rusty wheels of justice for her.

Depending on what you want to sue him for. (Rape is difficult)

If you want to sue him into prison, use RA7610.

Child abuse. Consent or not. The statuatory Rape charge isn't necessary, penalties are severe enough for Child abuse.

 

http://www.lawphil.n..._7610_1992.html

 

That's the clause: RA7601,section5

(B. Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;

in addition, that's the misconception..

Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:

again in addition,

Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

 

 

but i guess,the locals don't want that ( Causng a scandal and eventual family feud )

 

 

Other Info - since the case is a public crime, the police and prosecution is in charge, not the Baranguay.

Edited by Stranded Shipscook

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Brucewayne

Depending on what you want to sue him for.

If you want to sue him into prison, use RA7610. Child abuse. Consent or not. The statuatory Rape charge isn't necessary,penalties are severe enough for Child abuse.

 

but i guess,the locals don't want that ( Causng a scandal and eventual family feud )

 

 

Her Father wants him UNDER the jail (in a pine box) and the rest of the family wants him to pay support.

I am beginning to think that the family would be better off if they could move away from that barangay and then hiring an attorney to arrange what they want.

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Stranded Shipscook

Her Father wants him UNDER the jail (in a pine box) and the rest of the family wants him to pay support.

I am beginning to think that the family would be better off if they could move away from that barangay and then hiring an attorney to arrange what they want.

I really really can not advise you on that, it could be wrong. I don't know enough about the situation..and i won'tk now enough until i know the culprit,the family,the girl,the social surroudings,etc.

Serious, i can't give any advise.

could be fatal and i don't want to be the cause of that from the distance.By all well meanings.

 

But in general, i would stay out of local situations if not asked explicitely and also being in a very strong position to do so.I.E Godfather or similar.

But to ask an attourney can never hurt i'd say.

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broden

Her Father wants him UNDER the jail (in a pine box) and the rest of the family wants him to pay support.

I am beginning to think that the family would be better off if they could move away from that barangay and then hiring an attorney to arrange what they want.

I really really can not advise you on that, it could be wrong. I don't know enough about the situation..and i won'tk now enough until i know the culprit,the family,the girl,the social surroudings,etc.

Serious, i can't give any advise.

could be fatal and i don't want to be the cause of that from the distance.By all well meanings.

 

But in general, i would stay out of local situations if not asked explicitely and also being in a very strong position to do so.I.E Godfather or similar.

But to ask an attourney can never hurt i'd say.

 

give them a shoulder to cry on is probably the best support you can give..

 

 

 

to be honest i'd side with her Dad though

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HTM

The law is that one goes to prison. And its good that way.

 

There isn't even something to debate about it.

Do you have a single example of this?

There, for example, the 24-year-old tricycle driver is convicted of having sex with his 14 year old girlfriend.

I have not found any examples (I'm not talking about rape cases).

 

If the man is a foreigner or have high status,or any influence on the family/girl then it is illegal to have sex with a giirl under 18!

For then the girl have sex "due to the influence"

(A much older man can be considered to have influence because of the age.

 

But if they are on the same level/status" there is little the law can do.

 

If you have lots of money and influence you may fabricate evidence and witnesses, but that is an entirely different matter.

 

 

Don't think the UN has so much influence in this country:

"Presidential Decree No. 1083"

where it says:

Art. 16. Capacity to contract marriage. —

Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not

suffering from any impediment under the provisions of this Code may contract marriage.

A female is presumed to have attained puberty upon reaching the age of fifteen.

 

(2) However, the Shari'a District Court may, upon petition of a proper wali,

order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age,

has attained puberty.

 

 

So a girl can actually get married when she is 12 years here in the Philippines!!!

Edited by HTM

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HTM

Gunther;

 

The reason I am researching age of consent is because we know a 14 year old girl who was impregnated by a 22 year old Filipino.

I can't say what barangay she is in, so as to try to protect her identity, but her barangay captain says there is nothing he can do to help her family to prosecute the man or even to help collect support for the baby.

According to what the family was told, it isn't against the law as long as the girl was at least 12 years old, she consented and the man wasn't 10 or more years older than the girl.

I have checked online for updates on the new law which was supposed to have raised the age of consent to 16, but as far as I have been able to find, it hasn't yet been instituted.

If you have the link you to the new law which you refer to, I would appreciate it, as I would immediately hire an attorney for the girl and try to grease the rusty wheels of justice for her.

I would try to prove coercion and or strong influence on the girl.

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bargeman

Isn't the moral responcibility just as important as the financial, a combination of both in fact.How can any MAN walk away from a child he has fathered and consider it nothing more than a "bye product" .

Pity some men don't hold onto there dick ends just as tightly as they appear to be holding onto their wallets.

The value of a father to a child is priceless, so if you can't afford it, dont become one.

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Brucewayne

I would try to prove coercion and or strong influence on the girl.

 

 

They have made a decision today.

They are moving back to Mindanao with the girl and baby too of course.

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Stranded Shipscook

Do you have a single example of this?

There, for example, the 24-year-old tricycle driver is convicted of having sex with his 14 year old girlfriend.

I have not found any examples (I'm not talking about rape cases).

 

If the man is a foreigner or have high status,or any influence on the family/girl then it is illegal to have sex with a giirl under 18!

For then the girl have sex "due to the influence"

(A much older man can be considered to have influence because of the age.

 

But if they are on the same level/status" there is little the law can do.

 

If you have lots of money and influence you may fabricate evidence and witnesses, but that is an entirely different matter.

 

 

Don't think the UN has so much influence in this country:

"Presidential Decree No. 1083"

where it says:

Art. 16. Capacity to contract marriage. —

Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not

suffering from any impediment under the provisions of this Code may contract marriage.

A female is presumed to have attained puberty upon reaching the age of fifteen.

 

(2) However, the Shari'a District Court may, upon petition of a proper wali,

order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age,

has attained puberty.

 

 

So a girl can actually get married when she is 12 years here in the Philippines!!!

You quoted me saying, that there is nothing to debate about. Which part of the sentence was unclear?

The actual,Topic went off topic already, i just answered some misunderstanding point of Bruce Wayne, which was then been cleared up sufficiently.

I you like, you can make a new topic about Muslim exemptive laws of the Philippines and another one about statuatory rape.

Maybe I choose to comment there or maybe not.

 

However, i doubt that there are any raping tricycle drivers or native muslem in here of which either this or that could be of any interest.

 

For all others the legal situation is clear.

 

Anyone mingling with children under 18 - go to jail. Ergo - Nothing to debate about it.

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ckfm

If you are a US citizen, then US laws will also dictate the age of consent when visiting other countries. I thought this thread was about obligations when it comes to impregnating a Filipina?

 

Even in the US the age of consent is different from state to state, some Sates have 16, others 17 or 18.

 

Canada changed to 16 3 or 4 years ago after having 14 for many years.

 

Many 14 yo girls in Canada look like 16 to 18 while many 18 yo olds look like 25, lol.

Edited by ckfm

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lifeisgood

Even in the US the age of consent is different from state to state, some Sates have 16, others 17 or 18.

 

Canada changed to 16 3 or 4 years ago after having 14 for many years.

 

Many 14 yo girls in Canada look like 16 to 18 while many 18 yo olds look like 25, lol.

 

Yes, every state is different. You can get into federal problems when discussing certain topics with a 16 year old on the internet or phone irregardless if it is legal in that state. I think the same rings true when overseas.

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TorJay

Just to be the contrarian here, we all seem to get really pissed off when a foreigner comes to one of our countries and tries to force us to live by the rules from which they came. So, what business do our gov'ts (US, Cdn, Aussie, etc.) have trying to inforce our laws in a foreign country where such behaviour just might be acceptable and condoned?

 

Just sayin'...

Edited by TorJay
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Terry

So, back to the Op for a second. Can ANYBODY translate this:

 

"Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence."

 

I have NO IDEA what this says. Sounds like a whole bunch of double talk and mumbling to me.

 

The use of diagrams is encouraged.

 

T

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Brucewayne

So, back to the Op for a second. Can ANYBODY translate this:

 

"Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence."

 

I have NO IDEA what this says. Sounds like a whole bunch of double talk and mumbling to me.

 

The use of diagrams is encouraged.

 

T

 

The closest relative is held responsible even to the 4th degree because the government does not want to help.

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TorJay
The use of diagrams is encouraged.

 

The use of diaphragms should be encouraged. ;)

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