Ex Demanding I give her 250,000PHP, Does she really have a case?

[KID 9,677]

I did not read the whole story but if the OP enjoyed being with her for 4 or 5 years, her companionship must have been priceless! I do not know how much you have to pay for a bar girl but suppose you pay 5k a night, that is PHP9,125,000.00 for 5 years!

 

Besides, he already offered 130K, another 120k is nothing... If I were him I would just pay her and have her sign a release and that will be it!

 

I think he is getting off easy by paying her 250K... Maybe he should make her a better offer she cannot refuse...

 

No one seems to be taking in account for the free rent and monthly salary she has already been paid for managing the properties

 

Just another pinay C$$$ trying to squeeze her foreigner for every last peso she can get

[miles-high 3,917]

No one seems to be taking in account for the free rent and monthly salary she has already been paid for managing the properties

The rent and salary close to PHP5K per 24 hours?

[Davaoeno 37,484]

 

 

Well the, if it is a common law marriage, she's entitled to half the rental income, minus expenses of course

 

i disagree .  

[Davaoeno 37,484]

Why give her anything? He's not obligated in any way.

on which law are you basing this legal advice that you are giving ??

 

 

because i have already quoted the law that says you are very wrong.  if you have an alternate legal opinion to give please cite your authorities

Edited June 1, 2016 by Davaoeno

[KID 9,677]

The rent and salary close to PHP5K per 24 hours?

 

 

Is that how you place the value of what your woman is worth......By what a whore would cost you per night?

 

While your doing your math,you might want to factor in that the guy was only in the P.I. a few months a year 

[Don. 607]

The rent and salary close to PHP5K per 24 hours?

That is ridiculous.

 

How many full time jobs in the Phils pay 5000 pesos a day ?

 

She was supported during their relationship, she refused to marry him, he owes her nothing.

[Gus 972]

I don't know how many condos he has that he rents out, but it appears to me, that if he doesn't settle this quickly, and perhaps a little in her favour .. he stands to lose a lot more than 250k peso .. maybe .. maybe not ! But I wouldn't lIke to risk it

 

Sent from my ASUS_T00J using Tapatalk

[rainymike 4,374]

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household.

 

Seems this is the relevant phrase in the law. If you have proof to the contrary that the property was not obtained through joint efforts, work or industry then the property would not be equally owned. Not so sure about care and maintenance of the family and household, but if you were not together full time, it might not be the case. Get a lawyer to nail this down.

 

Other than that the amounts that you guys are fighting over seem pretty small so it might be easier to just get out of it with a few bucks.

Edited June 1, 2016 by rainymike

[USMC-Retired 10,995]

Pay the money, negotiate or leave and never come back.  

 

In case you missed this in other related news on Living Cebu. 

 

American, Wrongfully Imprisoned in the Philippines for 5 Years

 

Does not take much people.  Sure she learned a little dirt on you during your years together.

[Davaoeno 37,484]

Holy cow, those are some f....d up rules..!

Am I the only one to realize that it may not then be such a good idea to have a live-in partner in this country..?

"Wages and salaries earned" can amount to considerable money for those of us who are of working age.

Also, it seems this kind of rule makes it dangerous to buy a condo, for example, if you have a live-in partner at the time of investment.

 

actually those fecked up rules are pretty common in many countries !

[Davaoeno 37,484]

 

 

This is one of the problems of owning anything in the Philippines. It makes it so much more difficult to walk away from harassment and other problems.

 

 

so it is your opinion that a properly drafted and notorized Final Release is not enforceable in the Philippines ?  sorry but i have to disagree with you 

 

 

This all swings on if she changed her residence to that of your condo

 

 

No it does not . In fact the law has determined that place of residence is only one of the considerations in determining whether or not a common law relationship exists. 

 

 

do your own research in the matter ! 

 

 

and just move on or out of the Philippines

 

and abandon his condos there ?  

 

 

Willing to bet that with a little digging he could find a few witlessness that she had a BF when he was not in country 

 

what good would that do him ?  does having a bf end a common law relationship ??

 

no adultery since no marriage

 

i bet with a little digging we could find a gf that he was bonking !! 

[Paul 55,114]

 

 

so it is your opinion that a properly drafted and notorized Final Release is not enforceable in the Philippines ?  sorry but i have to disagree with you

 

Says the guy who is owed how much?  

 

It is better to pay a reasonable separation fee, which I feel she is entitled to, than to deal with more BS later. 

 

If she were asking for a million pesos, okay, then we are talking unreasonable numbers. But, she isn't. 

[USMC-Retired 10,995]

 

and abandon his condos there ?  

 

I did not say it was smart to leave I just pointed out his options.    

[Davaoeno 37,484]

 

 

She is claiming that they are married by common law so is she seeking an annulment?

 

 

I assume you are joking,because this statement is so ridiculous as to beyond belief that anyone could make it .

[Don. 607]

so it is your opinion that a properly drafted and notorized Final Release is not enforceable in the Philippines ?  sorry but i have to disagree with you 

 

\

 

Almost everyday there are things that happen in the Philippines that tell me that the legal system cannot be trusted, especially anything regarding expats.

 

Legal documents are enforced at the whims of those in power, and we have no power in the Philippines.