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ADULTERY HELP

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1 ADULTERY HELP on Sun Aug 05, 2012 3:11 am

superboym16


Arresto Menor
Atty, i need your help regarding adultery case. eto po yung scenario. nalaman ko na may kalaguyo ang asawa ko nung nag decide ako na mag stay sa pinas. meron ako mga evidence na may relasyon sila at mga pics na nagpapatunay na may relasyon sila. isa lang ang pics na makikita mo na nasa loob sila ng motel at magkakandong. at may mga exchange email kami ng lalaki na makikita mo dun na may sex na ngyari. at my mga evidence din ako na illegal ko na kinuha mga chat conversation. would that be enough for me to file adultery?

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2 Re: ADULTERY HELP on Sun Aug 05, 2012 4:58 am

kael1


Arresto Menor
ask ko lang po,nasa abroad po wife ko,if ever n magkaroon sya ng iba karelasyon dubn na lalaki,pwede ko ba sya kasuhan ng adultery?tnx po.

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3 Re: ADULTERY HELP on Sun Aug 05, 2012 12:19 pm

mel.key.16


Arresto Menor
Yes, both of you can file a case for adultery as long as you have evidence to prove it.

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4 Re: ADULTERY HELP on Sun Aug 05, 2012 3:06 pm

wormzzz


Arresto Menor
No Atty. Melki. Superboym can file a case for adultery but kael1 cannot since it was committed outside the jurisdiction of the Philippines.

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5 Re: ADULTERY HELP on Sun Aug 05, 2012 4:24 pm

perrytrd


Arresto Menor
atty. pwede ko po ba ma blotter yung wife ko na nag commit ng adultery kasi nakita ko po yung number ng lalaki sa phone nya at mga msg na gang love you mga exchange msg nila, tapos napuntahan ko sa bahay ng lalaki at na prove ko mismo sa nanay ng lalaki na sa lalaki talaga yung number, ngaun po naglayas ang asawa ko posible po na nagsama silang dalawa atty. tapos yung nanay naman deny sa relasyon nilang dalawa, may 3 sons po kami atty. at nasa akin lahat. ano po ba magagawa o dapat kung gawin atty. para ma hold sya kasi balita ko lalabas sya mag abroad. please help me atty

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6 Re: ADULTERY HELP on Sun Aug 05, 2012 4:54 pm

Atty.Melki


Arresto Mayor
Perry, in adultery you have to prove that your wife had sex with another man. You an prove this by direct evidence or circumstantial evidence. The text messages are not enough. Mere romantic relations is NOT adultery. Dapat may sex.

Wormzzz, that is the easy answer. Conflicts of Law.

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7 Re: ADULTERY HELP on Sun Aug 05, 2012 11:20 pm

wormzzz


Arresto Menor
@Atty. Melki, that is not the easy answer, that is the only answer.

What conflicts of law are you talking about? Conflicts of law does not apply in criminal cases.

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8 RE: Adultery on Mon Aug 06, 2012 2:43 am

robin arsitio


Arresto Menor
Generally, you must have the direct evidence that your wife engaged in an actual sexual congregation with another man. However, in the later Supreme Court Decision, with the pieces of evidence that you enumerated, those are enough under the "circumstantial evidence" provided under the Rules on Evidence.

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9 Re: ADULTERY HELP on Mon Aug 06, 2012 5:13 pm

concepab


Reclusion Perpetua
robin arsitio wrote:Generally, you must have the direct evidence that your wife engaged in an actual sexual congregation with another man. However, in the later Supreme Court Decision, with the pieces of evidence that you enumerated, those are enough under the "circumstantial evidence" provided under the Rules on Evidence.

If the evidences were obtained legally.

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10 Re: ADULTERY HELP on Tue Aug 07, 2012 8:49 pm

Atty.Melki


Arresto Mayor
I hope we do not confuse the person asking for advice.

wormzzz, adultery is a classic conflicts of law topic. Did you pass the bar?

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11 Re: ADULTERY HELP on Wed Aug 08, 2012 3:14 pm

wormzzz


Arresto Menor
@Atty. Melki: Is it?

One need not take the bar to know that Adultery is not a conflicts of law topic, much more a classic...

Now, did you pass the bar? How come you don't know that?

Adultery is under Criminal Law, while Conflicts of Law a.k.a. Private International Law is under Civil Law.

You only need to look on the table of contents of your Conflicts of Law book to confirm this.

It is also basic knowledge that criminal law in ALL STATES is territorial in nature. How can there be a conflict if it was committed abroad? Please enlighten us oh wise bar passer.


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12 Re: ADULTERY HELP Today at 6:44 pm

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