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adultery case?

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1 adultery case? on Sun May 13, 2012 11:59 am

brenz


Arresto Menor
im 40 ys old and ngkaron ako ng ka relasyon na 21 yrs old. habang nasa abroad asawa ko. san ngayon po may baby n kme. ano po b puede ikaso sken ng asawa ko.
kung adultery may pyensa at ilan taon sistensya ko. puede b idemanda lng ng asawa ko ang ka relasyon ko o dapat kmi dalawa?
May laban b ako nsa kanya kz alam ko po na may gf sya sa abroad at nitong umuwi sya ay may nakita ako sa bag nya n pregnancy test at mga txt tawag sa CP nia.
pls. help.

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2 Re: adultery case? on Sun May 13, 2012 11:10 pm

attyLLL


moderator
adultery, both of you

what proof can you demonstrate that he has another relationship


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3 need help on adultery case on Mon May 14, 2012 2:12 pm

Charles_026


Arresto Menor
good day po. i am currently being summoned sa prosecutor's office on charges of adultery. this brought about a research i did in which most context says the only defense is through expressed or implied consent by the husband. my husband and i are now living separately because of his incapacities to raise a family (details perhaps i can discussed separately later). (1) about 2.5 yrs ago, we have a face to face meeting that we can go our separate ways and wala na pong pakialaman. (2) we had the same meeting and agreement just recently. until to my surprise the summon was received and i have no choice but to appear before the prosecutor. a friend confronted my husband about this dilemma i am facing now and my husband said that (3) all he wants is a marriage annulment that i will file and fund that is why he filed the case.

Atty, are the context (1), (2), (3) above can qualify as implied consent? my friend on number 3 above is willing to testify that the meeting took place. thank you so much in advance

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4 Re: adultery case? on Mon May 14, 2012 11:49 pm

ibonidarna


Reclusion Perpetua
@Charles_026

Seduce him and consummate it. Then you can say that there is an implied pardon.

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5 Re: adultery case? on Tue May 15, 2012 1:25 pm

Charles_026


Arresto Menor
ibonidarna wrote:@Charles_026

Seduce him and consummate it. Then you can say that there is an implied pardon.

thanks for the feedback. i was hoping i can initially get opinion on [1] [2] and [3] above.

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6 Re: adultery case? on Tue May 15, 2012 1:35 pm

ibonidarna


Reclusion Perpetua
Such agreement is invalid for being against the law, morals and public policy.

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7 Re: adultery case? on Wed May 16, 2012 1:27 pm

Charles_026


Arresto Menor
ibonidarna wrote:Such agreement is invalid for being against the law, morals and public policy.

thanks again. im assuming that the "agreement" you are referring to are those i mentioned in points 1,2 and 3. I can relate to the fact that 1,2 and 3 are against the vows of law, morals and public policy as you have mentioned. but dont you think seducing your husband and consumating it is likewise against the same vows? much more so with written consent? the only difference is that i did not have a recording of 1,2 and 3; which can be a better proof?

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8 Re: adultery case? on Wed May 16, 2012 1:41 pm

ibonidarna


Reclusion Perpetua
Consented sex between husband and wife is not against the law, morals or public policy. In fact it is even considered as an expression of love and in some case forgiveness. And the law recognizes the act as an implied pardon for infidelity.

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9 Re: adultery case? on Wed May 16, 2012 7:31 pm

Charles_026


Arresto Menor
ok, i get what you mean. plain and simple, though it can be complicated. As i've said, we are living apart now. this would mean i i have to reconcile with him and prove to the public prosecutor that we had consented sex, if my husband still says i have to face adultery charges

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10 Re: adultery case? on Thu May 17, 2012 7:49 pm

attyLLL


moderator
wait, what evidence did your husband provide to show that you had sexual intercourse with another guy?

you don't have to admit anything. if you go with implied consent based on an agreement, this will likely proceed to trial, but such agreement can be used to show consent.


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11 Re: adultery case? on Tue May 22, 2012 3:14 pm

Charles_026


Arresto Menor
attyLLL wrote:wait, what evidence did your husband provide to show that you had sexual intercourse with another guy?

you don't have to admit anything. if you go with implied consent based on an agreement, this will likely proceed to trial, but such agreement can be used to show consent.

i attended the first summon by the public prosecutor, complainant somehow obtained a birth of my newly born son from NSO. fyi, my child's birth certificate is not under my husband's surname. ive read that such can be inadmissible evidence through what i've read in PD 603 about confidentiality of a child's birth record and i reckon they somehow obtained the documents illegaly

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12 Re: adultery case? on Tue May 22, 2012 11:48 pm

ibonidarna


Reclusion Perpetua
It may not be obtained illegally, as PD 603 itself provides for the exception on the rule of strict confidentiality of records. Art. 7, Par 3 provides that The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity of the child's parents or other circumstances surrounding his birth

It is evidence enough to prove sexual intercourse, supported further by not using your husbands surname in the birth certificate.

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13 Re: adultery case? on Wed May 23, 2012 1:24 pm

Charles_026


Arresto Menor
if it cant be illegally obtained, then i wouldnt have any idea how they got the NSO birth cert of the child considering i and my partner has not requested for it.

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14 Re: adultery case? on Wed May 23, 2012 9:46 pm

ibonidarna


Reclusion Perpetua
The public prosecutor is a proper public official that is authorized to request birth records. It may have been obtained by his request.

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15 Re: adultery case? on Thu May 24, 2012 10:51 am

Charles_026


Arresto Menor
i've read their sworn statement. they said they, themselves (without any help from public prosecutor), sourced the documents on their own.

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16 Re: adultery case? on Thu May 24, 2012 4:32 pm

ibonidarna


Reclusion Perpetua
Then he must have used as a reason to obtain the birth certificate that he is the parent of the child. Technically, your child from another man is your husband's legitimate child in accordance with our laws.

Par. 2 Art. 7 PD 603 provides that the child's parents can request for the child's birth records.

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17 Re: adultery case? on Fri May 25, 2012 10:06 am

Charles_026


Arresto Menor
ibonidarna wrote:Then he must have used as a reason to obtain the birth certificate that he is the parent of the child. Technically, your child from another man is your husband's legitimate child in accordance with our laws.

Par. 2 Art. 7 PD 603 provides that the child's parents can request for the child's birth records.

the birth cert was used as evidence in their complaint because it does not have my husband's surname (it carries my partner's).

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18 Re: adultery case? on Fri May 25, 2012 10:12 am

ibonidarna


Reclusion Perpetua
And that is a good evidence indeed. So what is your pleasure?

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19 Re: adultery case? on Fri May 25, 2012 1:20 pm

Charles_026


Arresto Menor
ibonidarna wrote:And that is a good evidence indeed. So what is your pleasure?

i personally dont take any pleasure in any of these. we are talking about admissibility of the evidence since we're talking about PD 603

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20 Re: adultery case? on Fri May 25, 2012 11:57 pm

ibonidarna


Reclusion Perpetua
In my opinion it is admissible. To question its admissibility would be fatal. Here's my scenario:

Prosecutor: I have here a document previously marked as exhibit...

Defense: Objection your honor, the document being presented is inadmissible for the same was illegally obtained.

Prosecutor: But your honor, private complainant obtained the birth certificate because he is the spouse of the accused and the parent of the child.

Defense: Your honor, private complainant is not the father of the child..

Prosecutor: No further questions.

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21 Re: adultery case? on Sat May 26, 2012 9:51 am

Charles_026


Arresto Menor
http://www.batasnatin.com/law-library/remedial-law/evidence/1087-admissibility-of-evidence.html

ref section III points A and B

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22 Re: adultery case? on Sat May 26, 2012 10:28 am

ibonidarna


Reclusion Perpetua
I know that so please see http://sc.judiciary.gov.ph/jurisprudence/2004/oct2004/ac_5151.htm

Anyway, I am interested to know on how you or your counsel could argue the inadmissibility of the birth records. I might learn something new to aid me in my practice.

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23 Re: adultery case? on Sat May 26, 2012 8:30 pm

Charles_026


Arresto Menor
noted.

im not sure how, but i will just follow what i have cited on http://www.batasnatin.com/law-library/remedial-law/evidence/1087-admissibility-of-evidence.html where it says "...the principle which mandates that evidence obtained from an illegal arrest, unreasonable search or coercive investigation, or in violation of a particular law, must be excluded from the trial .... " and the law it violated is article 7 of PD 603


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24 Re: adultery case? on Sat May 26, 2012 8:47 pm

harriane_13


Arresto Menor
good day,
i am 22 years old, and i have a japanese boyfriend,dto na sya nakatira, married sya sa pilipina pero sa paper lang sa japan sila kasal and nasa japan ang babae. pwede nya po ba ako idemanda?

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25 Re: adultery case? on Sat May 26, 2012 10:34 pm

ibonidarna


Reclusion Perpetua
@Charles_026
Good luck.

@harriane_13

Kung wala ka naman pong asawa, di ka puedeng kasuhan ng adultery.

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26 Re: adultery case? Today at 2:58 pm

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