CLYD of Bacolod City received a message from his wife in Kuwait, telling him that she was separating from him because she did not love him anymore. She said she had found a new love in Kuwait, a fellow Overseas Filipino worker whom she met through Facebook.
Clyd, who shared his wife’s messages with Bantay OCW, said he read the Facebook exchanges of his wife and her new love. Actually, the two had never met but they agreed to live together once their contracts ended. That was the reason Clyd’s wife send the separation message.
Clyd wanted to know if he could file a case against his wife.
If yes, what would be the nature of the case? And would it be possible to sue her even if she remained in Kuwait? He stressed that they were legally married.
It is very difficult to force someone to do something against their will. Like asking them to go home when they don’t want to.
If Clyd’s wife is still working legally in Kuwait, she has all the right to stay there to finish her contract. Unless she is caught for staying illegally, she cannot be deported. Whether she wants to go home or not is her decision. She cannot be forcibly returned to the Philippines.
We are saddened to hear about broken marriages, but we are not in any position to comment on couples’ marital problems. Only the two of them really know why the wife decided to end her marriage.
Regarding whether or not Clyd can file against his wife, it would depend on the evidence. As it is, all Clyd has is a message from his wife that she does not love him anymore and intends to leave him. But in reality, she’s not living with anyone yet, nor has she married another person.
Clyd said his wife has never actually met this man in person. They only plan to live together after their contracts end. So nothing is definite yet. It may or may not push through.
In case Clyd would like to file a case against his wife, Atty. Elvin Villanueva, author of Gabay sa Karapatan ng mga OFW, says that he can only do that if he has a proof or strong evidence that the two are living together and have been caught in the sexual act or the wife gets pregnant, then Clyd can file an adultery case under Article 333 of Revised Penal Code. But he cannot do so, while the wife is still overseas. Clyd has to wait until his wife’s arrival in the country.
A piece of advice to Clyd: Why don’t you try to work out the problem first? Find out, evaluate and give an honest assessment of the falling out. What must be the problem? Why did your wife decided to leave you? You might do something to solve the problem. Sometimes, we need to lose in order to win!
Seafarer finally home
Jeremias Panesa Sr., worried father of seafarer Jeremias Jr. sought the assistance of Bantay OCW at Radyo Inquirer. Panesa complained that he did not have communication links with his son. He said he did not even know where his son was, and that the last news he received, was that the seafarer got sick while on board.
The manning agency, Great Swiss Maritime Services, Inc. promised the father that his son would be home soon. But the seafarer’s father said he has been waiting for his son’s promised return for several months now.
Bantay OCW immediately called Great Swiss, and they assured us that Jeremias Jr. will indeed be home soon. True enough, only a week after, Mr. Panesa returned to Radyo Inquirer to thank Bantay OCW. He informed us that his son was finally home and was given medical attention.
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