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Clarification or advise: On filing ADULTERY case

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ardmendz


Arresto Menor
Good day to the moderator/s and members.
I am sir Lloyd, a teacher in Quezon. I have had suspicions that my wife is cheating on me (seeing another guy). But these are the only things I have on the matter:
1. the cellphone which contains their conversations (stating their emotions for each other, meeting place, and the likes)
2. I was able to talk to a co-worker of her (my wife is boarding since our house is very far form her workplace); the said co-worker, was kind enough to entertain me and even brought me to his house. And there, I saw where they possibly be doing their "thing".
He stays in a sofa in the sala of the house and my wife stays in a room about six steps away only, and with no door, only a curtain. When I saw the place, it became clear to me the contents of their text messages to one another.
The co-worker earned my sympathy on this matter, and even told me through text that, in due time, he would be willing to testify, that my wife and the guy was under one roof.
Take note that while I knew that my wife is boarding, she did not told me bout the part that the guy was in the same house. The co-worker of my wife has no idea about all these, according to him, my wife said that this guy is her best friend and that he is still looking for a place to stay, so she asked, if he can stay for a while (about 2-3weeks).
I know that I haven't put on detail everything here, but as lawyers, i bet you got my point.
So, what do you think:
1. What are my chances if i file an adultery case against my wife and the guy? specifically, on the chances of winning
2. if my case is weak (for adultery), how about filing a custody claim over our kids? We have 4 kids

Thanks and more power



Last edited by ardmendz on Wed May 30, 2012 11:14 am; edited 1 time in total (Reason for editing : to protect the integrity of my kids)

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Poison


Arresto Menor
Good Atty. one night i saw my wife kissing (lips to lips) not once but many times to other guy in a bar, can i file a case or what???

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attyLLL


moderator
armendz, you don't have enough evidence yet. perhaps it's possible to put video cams inside that house.

same with you poison. adultery is sexual intercourse.


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mdventura


Reclusion Temporal
Hi! Attorney,

I have another friend who committed adultery and her husband is in jail and they have children. She went abroad and had a son from American, unfotunately he left her so she went back home. Now she is back in Philippines with her American son. Her husband's relatives is treathening her to file a case against her. Can they charge her adultery even her Philippines husband is in jail?
If this is possible what is the punishment for adultery? They definitely have evidence because they know the full name of the child, they know he has dual passport and they have pictures of her son with her.

Thanks a lot!



Last edited by mdventura on Sat Jun 02, 2012 3:28 pm; edited 1 time in total (Reason for editing : additional information)

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concepab


Reclusion Perpetua
mdventura wrote:Hi! Attorney,

I have another friend who committed adultery and her husband is in jail and they have children. She went abroad and had a son from American, unfotunately he left her so she went back home. Now she is back in Philippines with her American son. Her husband's relatives is treathening her to file a case against her. Can they charge her adultery even her Philippines husband is in jail?
If this is possible what is the punishment for adultery? They definitely have evidence because they know the full name of the child, they know he has dual passport and they have pictures of her son with her.

Thanks a lot!

No. Only the offended spouse can file adultery or concubinage case.

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mdventura


Reclusion Temporal
Hi! Attorney her husband is now out of jail as his siblings bailed him. Does a husband who just came out of jail can file a case of adultery against his wife? Is having a son from an American, enough as an evidence for her husband to file an adultery case?
If so what is she going to face as a punishment?

[/quote]

No. Only the offended spouse can file adultery or concubinage case.[/quote]

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concepab


Reclusion Perpetua
mdventura wrote:Hi! Attorney her husband is now out of jail as his siblings bailed him. Does a husband who just came out of jail can file a case of adultery against his wife? Is having a son from an American, enough as an evidence for her husband to file an adultery case?
If so what is she going to face as a punishment?



yes. kasal pa din sila kahit na nakulong or nakakulong ang husband niya.

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attyLLL


moderator
mdventura, if they can prove that the conception was committed inside ph territory then an adultery case will prosper.


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mdventura


Reclusion Temporal
Well it was committed in the US but the wife went back to Philippines with a child from an American as the American guy denied the child so the wife decided to go back and is now living in Philippines. Can the husband use the child as an evidence that the wife has committed adultery?

attyLLL wrote:mdventura, if they can prove that the conception was committed inside ph territory then an adultery case will prosper.

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attyLLL


moderator
yes, but what is important is where the sexual intercourse was committed


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concepab


Reclusion Perpetua
attyLLL wrote:yes, but what is important is where the sexual intercourse was committed

Atty. what if the sexual intercourse happened outside Philippine territory, and the she got pregnant by her American boyfriend?

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mdventura


Reclusion Temporal
I 'am not a lawyer, the comments and suggestions i ‘am posting is just my personal opinion and knowledge gain through reading and research… base na din sa mga natutunan ko sa forum na ‘to.

lol! concepab, I love your signature! m3 Twisted Evil

concepab wrote:
attyLLL wrote:yes, but what is important is where the sexual intercourse was committed

Atty. what if the sexual intercourse happened outside Philippine territory, and the she got pregnant by her American boyfriend?

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attyLLL


moderator
concepab, then philippine criminal laws will not apply to acts committed outside of philippine territory


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concepab


Reclusion Perpetua
attyLLL wrote:concepab, then philippine criminal laws will not apply to acts committed outside of philippine territory

Oh my.. if that's the rule, what are the other options of the husband? I mean, kung ako ang lalaki at ang asawa ko ay nabuntis ng ibang lalaki (crime was committed outside PH), it will be very difficult for me to accept that. Lalo na kung by law, the child have to use my name. Very Happy there must be a way to toss them in jail.

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concepab


Reclusion Perpetua
mdventura wrote:I 'am not a lawyer, the comments and suggestions i ‘am posting is just my personal opinion and knowledge gain through reading and research… base na din sa mga natutunan ko sa forum na ‘to.

lol! concepab, I love your signature! m3 Twisted Evil

concepab wrote:
attyLLL wrote:yes, but what is important is where the sexual intercourse was committed

Atty. what if the sexual intercourse happened outside Philippine territory, and the she got pregnant by her American boyfriend?


tongue

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mdventura


Reclusion Temporal
Attorney we are now confused:

What if the woman got pregnant outside Philippines territory but she comes back to Philippines with a child from another man isn't that enough evidence?

The same thing with a man who is married in your country then had an affair outside Philippines territory then come home with their child can he be charged of Adultery? Question

[quote="concepab"]
attyLLL wrote:concepab, then philippine criminal laws will not apply to acts committed outside of philippine territory

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attyLLL


moderator
md, what the law punishes as adultery is the act of having sexual intercourse. what is relevant is where they had sex, not that the child was brought into philippine territory. in the case you mention, you said the sexual intercourse was committed in the USA.


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concepab


Reclusion Perpetua
attyLLL wrote:md, what the law punishes as adultery is the act of having sexual intercourse. what is relevant is where they had sex, not that the child was brought into philippine territory. in the case you mention, you said the sexual intercourse was committed in the USA.

Oh my.. again. so If made in USA ang bata (buti na lang at hindi Made in China).. i don't have any choice. Shocked and if i will leave my wife because of her infidelity, I will be liable of abandonment or worst, RA9262.

But AttyL. What if, I will subject the child into a DNA test and the suspected father, will it be accepted as evidence of sexual intercourse? I hope so. Very Happy

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mdventura


Reclusion Temporal
concepab wrote:
Oh my.. again. so If made in USA ang bata (buti na lang at hindi Made in China).. i don't have any choice. Shocked and if i will leave my wife because of her infidelity, I will be liable of abandonment or worst, RA9262.

But AttyL. What if, I will subject the child into a DNA test and the suspected father, will it be accepted as evidence of sexual intercourse? I hope so. Very Happy

Good question concepab! how could you be responsible for someone else shit! Twisted Evil

lol! made in USA is not likely to look like you, but made in China could be easily look like you at least! Razz

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attyLLL


moderator
concepab, yes, that can be used as evidence against the father, but the real challenge there is how to get that dna test.


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concepab


Reclusion Perpetua
but still, the husband cannot file a case because the crime was committed outside Philippine territory, right? So, is there any other option to toss the wife in jail?

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attyLLL


moderator
that is the widely held belief, but i don't believe the supreme court has actually ruled on that in a proper case.


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mdventura


Reclusion Temporal
This would be very interesting! Twisted Evil

concepab wrote:but still, the husband cannot file a case because the crime was committed outside Philippine territory, right? So, is there any other option to toss the wife in jail?

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