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