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Adultery case of mine

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1 Adultery case of mine on Sun Aug 12, 2012 12:16 am

Joan-deguzman


Arresto Menor
Hi attorney!

I commited adultery and now im pregnant and i dont know who the father of my child is. Nahuli ako ng asawa ko at ng pamilya niya inamin ko naman ang lahat pinasulat nila ako sa papel ng confessions at pinapirmahan sakin yun habang ginagawa ko ang sulat ay sinasaktan nila ako nangyari ito sa ibanh bansa. Ano ho ba ang dapat kong gawin. Idedemanda daw po ako n asawa ko the evidences he has is our text messages which is just all about love and records of my lover entering our house. Ano ho ba ang dapat kong gawin

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2 Re: Adultery case of mine on Sun Aug 12, 2012 3:27 pm

Joan-deguzman


Arresto Menor
Kung magfile po ng kaso ang asawa ko, may warrant of arrest po ba agad yun or subpoena lang to appear on trial? He didnt caught me in the act po talaga nahuli niya lang ako through my cellphone but hindi naman sexual messages ang usapan namin

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3 Re: Adultery case of mine on Sun Aug 12, 2012 5:41 pm

attyLLL


moderator
if you had sex with another guy outside of philippine territory, then a case of adultery will not prosper here.

in adultery, 'in the act' should refer to literally the act of sexual intercourse.


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4 Re: Adultery case of mine on Sun Aug 12, 2012 8:08 pm

haunt


Arresto Menor
Atty.., eh kung pregnant na sya as she said above at positive dna test sa kabit..need pa ba literal na act of intercourse na positive naman nag intercourse kasi nabuntis...result of intercourse na d ba??Smile what u think?? thanks

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5 Re: Adultery case of mine on Sun Aug 12, 2012 8:26 pm

concepab


Reclusion Perpetua
haunt wrote:Atty.., eh kung pregnant na sya as she said above at positive dna test sa kabit..need pa ba literal na act of intercourse na positive naman nag intercourse kasi nabuntis...result of intercourse na d ba??Smile what u think?? thanks

that is another page of the story... they have to wait until that time. for now, without evidence of the "in the act" sexual intercourse adultery is hard to prove. unless they have another proof that will point to the adulterous act.

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6 Re: Adultery case of mine on Mon Aug 13, 2012 11:54 pm

attyLLL


moderator
the question mark here for me is where the sex occurred. if the conception date coincides with a time that she was outside the country, she cannot be prosecuted here in the ph


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7 Re: Adultery case of mine on Tue Aug 14, 2012 2:20 pm

prescinu


Arresto Menor
Dear Atty LLL,

Just clarification on the above topic.

So if a married woman in Phil. got pregnant or had sex outside the country with another man, but she delivered the child in Phil.

Is the woman cannot be charge or liable in Philippine law? And in that case what will happen to the Birth Cert of the child? Is it possible to name the father as none since the husband is not the real father..???

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8 Re: Adultery case of mine on Thu Aug 16, 2012 10:31 pm

attyLLL


moderator
the law will require that the husband be declared as the father in the birth certificate. he can file a case to question the legitimacy of the child.

if the sex occurred outside ph, then she cannot be prosecuted here.


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9 Re: Adultery case of mine on Fri Aug 17, 2012 12:52 am

Father555


Arresto Menor
Additional question -

I have another child living with me, not my wife's. Anak sa labas. Hiwalay na ako from both women (not legally from my first wife though, kasal pa rin kami). Could she accuse me of adultery using my bastard son as a proof?

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10 Re: Adultery case of mine on Mon Aug 20, 2012 10:58 pm

attyLLL


moderator
father, adultery is reserved only for married women. the child can be evidence of ra 9262 or concubinage, but if he were the only evidence, i doubt the cases would prosper


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11 Re: Adultery case of mine on Thu Aug 23, 2012 11:33 pm

Joan-deguzman


Arresto Menor
How could that happened eg di ba obvious na na may anak sya sa labas bakit di magpoprosper ang kaso?

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12 Re: Adultery case of mine on Sat Aug 25, 2012 12:59 pm

attyLLL


moderator
the mere act of a married man having a child with another woman, by itself, is not a crime.


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13 Re: Adultery case of mine on Sat Aug 25, 2012 1:42 pm

Joan-deguzman


Arresto Menor
How about a married woman having a child with another man?

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14 Re: Adultery case of mine on Sat Aug 25, 2012 2:04 pm

attyLLL


moderator
the child is presumed to be the child of the husband, and he has 1-3 years to dispute it, after which he is barred.

if the child can be prove to be that of another man, then the woman and the lover can be convicted of adultery.


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15 Re: Adultery case of mine Today at 6:28 am

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