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Alienation of Affection

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1 Alienation of Affection on Sat May 05, 2012 10:28 pm

lizznell


Arresto Menor
Does Alienation of Affection exist in Philippines?

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2 Re: Alienation of Affection on Sat May 05, 2012 10:50 pm

lizznell


Arresto Menor
I need an advise if i can sue my husband's mistress for Alienation of Affection? I dont have concrete evidence but i have tons of witnesses of the affair they have. Though they were not caught having sex on bed but all the signs are visible that they are having an illicit relationship.
The lady was his 2nd cousin. My husband and I agreed to sponsor her education. In fact, we decided that it would be good for all parties if the lady will study and stay at my mother's house. Everything was fine initially. Eventually, I always feel jealous with the lady as my husband spends time calling and txting her whenever we are away from her(during my vacation in phil). We always had a fight because i can feel that my husband loves her so much that it bothers me as it is no longer within normal affection between cousins.
Latetly, my family found out that they had a relationship for a long time. They sleep together in our room and they were caught on such scenes of showing their affection like touching each others private parts, or the lady will just dive on top of my husband. I have so many witnesses to prove that they have relationship but i dont have concrete evidence.
Can i still sue my husband's mistress? I can feel that my husband's love for me was taken by his mistress. I am currently pregnant but he did not even bother with his child as he is bothered and worried on what will happen to his mistress now since i told his parents of their affair.
Please advice me on what i should do. The mistress is hiding now and they are not together. I'm goin home to phil on Sep for delivery but i want to file the case soon. Can i authorize my mother to file the case on my behalf?
I will greatly appreciate your help as i am so distress.
Thank you.

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3 Re: Alienation of Affection on Sat May 05, 2012 11:37 pm

attyLLL


moderator
the equivalent is art. 26 of the civil code for interference in family affairs, and seek monetary damages. yes, you can issue an SPA to allow your mother to initiate the case for you.

i don't understand how you can say people have seen them touching each other's private parts and say you don't have evidence? the people who saw will not testify for you?


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4 Re: Alienation of Affection on Sat May 05, 2012 11:55 pm

lizznell


Arresto Menor
Thank you for your response. All my witnesses are willing to testify for me but if the court will ask for tangible evidence then i can't provide it. If the court will accept my testimony and my witnesses testimony then, that's great to know.

Can she be put behind bars if i win the case? Do i have big chance to win the case?

Appreciate your help.

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5 Re: Alienation of Affection on Sun May 06, 2012 6:45 pm

attyLLL


moderator
the court,at most, issue an order that she keep away from your husband, and to pay you monetary damages if she has assets.

your case will not have any chance unless you take the chance of filing it. whether it will prosper depends on the evidence. of course, the lawyer's skill plays a factor, too. good luck.


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6 Re: Alienation of Affection on Wed May 09, 2012 6:37 pm

lizznell


Arresto Menor
Good Day Atty.,
I had asked my mother to consult a lawyer for the case i would like to file against the mistress of my husband. I told her the reference of art. 26 of the civil code for interference in family affairs. However, the lawyer said that the definiton of Art 26 is "All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)".

It seems that the lawyer that my mother had asked did not able to give the answer of the case i want to file (Alienation of Affection).

Can you please advise if there is any revised law for this Art 26?

Thank you.

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7 Re: Alienation of Affection on Wed May 09, 2012 10:20 pm

ibonidarna


Reclusion Perpetua
Please do not confuse Art. 26 of the New Civil Code as advised by AttyLLL and the Art. 26 of the Family Code as referred to by your mother's consulted lawyer.

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8 Re: Alienation of Affection on Sun May 13, 2012 3:33 pm

lizznell


Arresto Menor
Good Day Atty.,
Hope you are well.
Further to the case I am contemplating to file against the mistress of my husband (Art 26 of Civil code), will it be possible to file a case against her since she is hiding and i don't know her exact address but i know in which city she stays? My husband is the only person knows where she is currently residing but he will never disclose the information. My husband will be sending her to school and i can only confirm which school she will enroll when the shool year starts. I can use her school address for this case?

I also am considering of filing Concubinage (husband & mistress) and Pyschological Violence (husband). These are criminal cases as i was informed, how many years is the leeway that I must I file these cases before it will no longer valid? Does it help if I would request my witnesses to prepare there sworn statements in front of an atty and I will just keep those documents? I will use it when I decide to file the case, but of course my witnesses will be present during the court hearing or when their presence is required.

I am currently working abroad, if i will file these criminal cases, how long do i have to stay in Philippines? How long does it take to start the hearing?

Your advise will be highly appreciated.

Thank you.

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9 Re: Alienation of Affection on Sun May 13, 2012 4:37 pm

concepab


Reclusion Perpetua
lizznell wrote:Good Day Atty.,
I had asked my mother to consult a lawyer for the case i would like to file against the mistress of my husband. I told her the reference of art. 26 of the civil code for interference in family affairs. However, the lawyer said that the definiton of Art 26 is "All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)".

It seems that the lawyer that my mother had asked did not able to give the answer of the case i want to file (Alienation of Affection).

Can you please advise if there is any revised law for this Art 26?

Thank you.


Attorney is refering to "Civil Code" of the Philippines and your attorney gave you Art. 26 of the Family code. mag-kaiba po yun.

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10 Re: Alienation of Affection on Sun May 13, 2012 4:49 pm

lizznell


Arresto Menor
Thank you Concepab. That has been clarified by ibonidarna a week ago.

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11 Re: Alienation of Affection on Sun May 13, 2012 4:50 pm

lizznell


Arresto Menor
Good Day Atty.,
Hope you are well.
Further to the case I am contemplating to file against the mistress of my husband (Art 26 of Civil code), will it be possible to file a case against her since she is hiding and i don't know her exact address but i know in which city she stays? My husband is the only person knows where she is currently residing but he will never disclose the information. My husband will be sending her to school and i can only confirm which school she will enroll when the shool year starts. I can use her school address for this case?

I also am considering of filing Concubinage (husband & mistress) and Pyschological Violence (husband). These are criminal cases as i was informed, how many years is the leeway that I must I file these cases before it will no longer valid? Does it help if I would request my witnesses to prepare there sworn statements in front of an atty and I will just keep those documents? I will use it when I decide to file the case, but of course my witnesses will be present during the court hearing or when their presence is required.

I am currently working abroad, if i will file these criminal cases, how long do i have to stay in Philippines? How long does it take to start the hearing?

Your advise will be highly appreciated.

Thank you.

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12 Re: Alienation of Affection on Sun May 13, 2012 11:00 pm

attyLLL


moderator
lizznell, if you are already consulting a lawyer directly, it may be better for you to direct these questions to him unless you can say he is negligent.


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13 Re: Alienation of Affection on Sun May 13, 2012 11:06 pm

lizznell


Arresto Menor
Thank you for your reply Atty., I haven't consulted a lawyer directly yet. I tried to get this information from a lawyer through my mother but it seems that there's a miscommunication in between (reference, Art 26 of Civil Code, i was given Art 26 of Family code). I cannot expect too much from my mother as she is old. I am more confident and assured if I get the advise from you.

Thank you.

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14 good evening on Thu Jan 09, 2014 11:02 pm

jodylyn


Arresto Menor
good evening atty

gusto ko lng po sana itanong kung meron nga po dto sa pilipinas ng alienation of affection kz i caught my husband on his 2nd fb acct na may babae sya at tga cavite lang dn masakit para sakin ang mga nabasa q since may tangka pa sila magkita ng palihim pag andto na sya sa pinas nsa saudi arabia po kasi sya at thru internet facebook skype at thru phone ang comunication nya i hacked his 2nd fb acct at dun q nga nalaman ang lahat pero un ay around nov to maybe 2nd and half lng ng dec ung conversation ng chat nila at sinabi ng asawa q na tinigil na nya which is parang gsto q maniwala kasi araw araw na nga ulit sya tumatawag sa akin at nag sskype na kami kasi pag nag skype mo kami eh wala tlga patayan from 3am to 5pm buhay ang computer still gsto q na makasiguro na wala na talaga sila nag imbistiga na aq at alam ko na po kng saan nag wwork ung babae at ang lugar kng saan sya matatagpuan but not exactly her house address but i still can go to general trias cavite municipal hall or even on their comelec branch to more about this girl para malaman ang eksaktong brgy nya ano po ba ang maganda kung gawin? i mean pwede ko po ba kasuhan ang ganitong uri ng pangloloko sakin alam ng babae na may asawa at kasal kami ng mister q nakausap q dn ang babae kasi ung fake acct q sa fb eh ginamit q pang msg sa lahat ng friend nya dun sa 2nd acct ng asawa q bago ko pa ma hacked at sinabi nya na wag ako mag alala kasi nga daw po eh kumpare nya ung asawa q at ng mabuksan ko na ang 2nd acct ng asawa q andun lahat ng message nya at nalaman ko nga na tinigilan na ng asawa ko pero sya pa dn ang nag mmsg sa asawa q at nagagalit kng bakit hndi na sya kinukontak sana po matulungan nyo aq regarding my situation kasi nag dedeny po tlga ung babae

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15 Re: Alienation of Affection on Fri Jan 10, 2014 4:47 pm

attyLLL


moderator
your issues are more about gathering evidence rather than legal. if you were not authorized to access those messages, you cannot use them in court.


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16 Re: Alienation of Affection on Thu May 01, 2014 7:31 pm

lele468


Arresto Menor
What if walang assets ang mistress para sa monetary damages. Ano po yung pede na punishment nya? Hinde sya makukulong?

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17 Re: Alienation of Affection on Mon May 12, 2014 9:58 pm

concepab


Reclusion Perpetua
lele468 wrote: What if walang assets ang mistress para sa monetary damages. Ano po yung pede na punishment nya? Hinde sya makukulong?

If walang siyang pam-bayad e di wala. you need to file criminal case para maipakulong siya.

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18 Re: Alienation of Affection on Thu May 22, 2014 2:33 pm

Hetty


Arresto Menor
Hello Atty,

Is there a prescriptive period in filing "Alienation of Affection" case? I have learned abount their illicit affair last Oct 2012. I have just learned about this legal action, parang nabuhayan po ako ng loob. The mistress is an HR Mgr of their bank and 8yrs older than my husband. I already filed complaint but the mistress is so influential, she was not dismissed from job for being Unfit as a banker. May laban po ba ako? Thanks.

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19 Re: Alienation of Affection Today at 7:56 pm

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