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can i file an adultery even if the girl is not married?

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lovely lady


Arresto Menor
Dear atty,

Can I file a case of adultery even if the girl is not married?I believe the girl and my husband has a child already but I could not locate their exact address though I know the address of the girl's parents. My husband is not sleeping most of the time in our house. What other case can I file for the girl aside from adultery? What are the best evidence?Can I use the text messages sent by me from the girl?I already filed a case (VAWC) against my husband last year but the case was dismissed because that time I gave him a chance. Can I re open the case?

Thanks

lovely lady



Last edited by lovely lady on Sat Apr 06, 2013 11:31 pm; edited 1 time in total

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safeeya


Arresto Menor
hi im safeeya. i also have question about that, im 26 years old i have a 2 year old kid .i am not married with the father, and we are together only 2 to 4 days a week cox i have to work 3 towns from them (thats why most people think we are not living together),im an elementary teacher. i found out that my baby's father my bf is having an affait with a 40 year old woman who is already married to a seaman who works abroad and already has 4 kid. can i fill a case to them? to my bf even if we are not married? or to the old woman? my ex is not giving support to our baby now, for almost a year. and this old lady made a fake account of mine in FB , she befriend all my friend. on that fake account he use my ex's account sending message there , saying "sa lahat ng nakakakilala kay safeeya, hindi ko siya asawa at hindi kami nagsama simula nung naanakan ko siya, hindi na ako magbibigay ng sustento kung hindi ka titigil sa pagpipilt ng sarili mo sa akin, huwag mo gamitin ang anak ko". but im not doing anything, i already gave way and now this lady is bothering me and wrecking my reputaion.

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attyLLL


moderator
lovely, could you give more details of what this is about? i don't want to make presumptions about who you are talking about.


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attyLLL


moderator
lovely, adultery is the act of a married woman having sexual intercourse with another man, and only her husband can file that case. if they are living together, then you can file a case of concubinage.

it may be better to file a new case of vawc rather than revive the old one. evidence is the most important thing in filing a case


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lovely lady


Arresto Menor
thanks for your reply atty, aside from concubinage what other case I can file especially to the girl?

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attyLLL


moderator
a complaint for monetary damages for interference in your family affairs.


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lovely lady


Arresto Menor
where can I file for the monetary damages atty?

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attyLLL


moderator
small claims case. rules on sc.judiciary.gov.ph

or you can get a lawyer if the damages you seek are more than 100k


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lovely lady


Arresto Menor
thanks atty, how about VAWC?for emotional disturbance?thanks

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attyLLL


moderator
you can file that against your husband


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lovely lady


Arresto Menor
Atty, I want also the mistress na makulong kasi naipakulong ko na si husband, aside from monetary claims, and concubinage which is hindi naman makukulong ang mistress, what case should I file para makulong si mistress?thanks

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attyLLL


moderator
unless there is something else she did, those are the only legal actions you can take, imo.


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