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Can i sue my spouse's lover for alienation of affection

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Dave Reyes


Arresto Menor
Hi all, I need some legal advise. My wife had an affair with her ex-bf for a few months. My wife and I are living overseas with our children. It all started via a long distance affair and she went back to the Phils to be with him for a month. When she returned here, I noticed some changes and then I ultimately caught the affair thru her cellphone/text messages. She admitted to what was going on. All of this happened 2 years ago, after going thru all this emotional turmoil, I want some sort of justice. I am prepared to sue my wife's lover for Php1-5 million for damages. I read all of their past communication and it looked like the lover used persuasive words and promises to get the trust of my wife. After being caught, he totally abandoned her. As if nothing happened.

Do I have legal basis to bring him to court? If you can suggest the best lawyers in the Philippines, pls do so. Thanks.

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shad_marasigan


Reclusion Perpetua
Your wife and her paramour had committed a crime punishable under Philippine laws. This is a private crime and in effect, if you will file a criminal case against the paramour of your wife, they need to be impleaded together. Pareho po silang kasama sa kaso kahit personal po sa inyo un. Is this your intention? If not, you can file a separate independent civil case for damages. But under the rules of the court, it is not allowed to recover claim twice. Tatagal po ung civil depende po sa load usually takes years.

Bakit hindi mo na lang sila patawarin, ituloy ninyo ang buhay ninyo dian kapiling ang mga anak ninyo? Smile

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shad_marasigan


Reclusion Perpetua
In the spirit of Christmas Smile

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Dave Reyes


Arresto Menor
Thank you Shad_Marasigan for your insights. I intend to file a civil case against the lover of my wife for the damages that this individual inflicted on us. I know that it takes two to tango but someone led the dance. If you can only see the messages that he has told my wife. He promised her a new life, even using his own surname to be used by my wife and kids. What he told her, in which she believed was used to gain her trust and ultimately would have led to the destruction of my family.
Again, I am looking for justice. I can forgive but I cannot forget.

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shad_marasigan


Reclusion Perpetua
You should hire a lawyer. I am seeing an imminent civil case of moral damages.

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attyLLL


moderator
the remedy would be to file a case for monetary damages for interference in your family affairs


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Dave Reyes


Arresto Menor
Thanks AttyLLL for you advice. Honestly that's what i intend to do. Kahit ba nangyari ito 2 years ago and ako ay isang American Citizen na, pwede ko pa rin sampahan ng civil case ang married ex-bf/lover ng wife ko?

Can you recommend a good lawyer? Meron na akong nakuhang isa but i need to have options. Ang hirap magtiwala kahit kanino, i have trust issues now dahil sa nangyari sa marriage ko.

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attyLLL


moderator
dave, you can contact the lawyers here, but the main challenge for any case is evidence.

you have 4 years to initiate the case, but the sooner is better


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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Dave Reyes


Arresto Menor
Thank you Atty LLL, you mentioned to contact the "lawyers here". I got confused, is there a listing?

I want to start the ball rolling. Pls adv. tks.

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attyLLL


moderator
sent you a pm


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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