Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Friend Abroad Afraid of HDO

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Re: Friend Abroad Afraid of HDO on Wed Aug 18, 2010 5:56 am

johnmark


Arresto Menor
hi can i ask one question? My friend is very worried because the wife of his one friend taught that they have a secret relationship while abroad. The wife of her friend can file a case a against her like adultery? She can be given a HOD when she will come back to Philippines for vacation if she will return to her work abroad? Can Adultery cases make her hold on departure? What she can do to protect her from this matter? thanks

View user profile

2 Re: Friend Abroad Afraid of HDO on Wed Aug 18, 2010 5:16 pm

attyLLL


moderator
you cannot prevent the wife from filing a criminal case, but you can certainly defend against it. once a case is filed in prosec office, she can file an application for placing her on the watchlist. her remedy would be to file an application for allow departure order.


_________________
[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.
View user profile

3 Re: Friend Abroad Afraid of HDO on Thu Aug 19, 2010 2:33 am

johnmark


Arresto Menor
how will she know that a case has been already filed against her by the wife?the girl will go for vacation later this year to the phils but she has been worrying about HOD that might cause her delay or not leave the country for work abroad anymore.how and when is the best time for her to apply for allow departure order?

View user profile

4 hi on Thu Aug 19, 2010 3:03 am

distressedLady


Arresto Menor
adultery is for wife having an affair with another man other than her husband

concubinage is for husband having an affair with another woman other than his wife


are we talking about a possible case of concubinage?

please correct me if am wrong.

thanks

View user profile

5 Re: Friend Abroad Afraid of HDO on Thu Aug 19, 2010 10:47 am

zulfikarl


lawyer
"adultery is for wife having an affair with another man other than her husband concubinage is for husband having an affair with another woman other than his wife"


It is not as simple as that.

Adultery happens when a married woman have sex (i.e. even once) with a man other than her husband. It's not about having an affair, it's about having sex. Thus, a married woman may be charged of Adultery just by having a "one night stand" with another man. Moreover, the male partner can also be charged of Adultery if he had carnal knowledge with her knowing her to be a married person. Hence, Adultery is not about having an affair, it's about having sex. The two notions are not always the same.

Concubinage happens when a married man: a) have sex with another woman under scandalous circumstances b) keeps the mistress in the conjugal dwelling c) cohabit with her in any other place (e.g. live-in relationship). Thus, a man cannot be charged of Concubinage by simply having a "one night stand".

From the discussion above, it can readily be observed that the law is biased against women. It's much easier to prove Adultery since all the husband needs to show is a "single sexual encounter" by her wife with another man.

In both cases, it is required that the philandering spouse be charged together with the partner.



View user profile

6 Re: Friend Abroad Afraid of HDO on Thu Aug 19, 2010 12:44 pm

resjudicata


Arresto Mayor
Did I get you right? That you have a friend, a male, who has an extra-marital relationship with the wife of one of his friends?
So how did you arrive with these questions:"The wife of her friend can file a case a against her like adultery? She can be given a HOD when she will come back to Philippines for vacation if she will return to her work abroad? Can Adultery cases make her hold on departure? What she can do to protect her from this matter? thanks"

View user profile

7 Re: Friend Abroad Afraid of HDO on Fri Aug 20, 2010 5:32 am

johnmark


Arresto Menor
thank you for the explanation.
so how will the girl know that a case is filed already against her by the wife?
how to apply for allow departure order?

View user profile

8 Re: Friend Abroad Afraid of HDO on Fri Aug 20, 2010 11:07 am

attyLLL


moderator
she will receive a subpoena at her address. allow departure order is filed in the DOJ, same office which issued the watch list order.


_________________
[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.
View user profile

9 Re: Friend Abroad Afraid of HDO on Fri Aug 20, 2010 6:14 pm

johnmark


Arresto Menor
can we check for this HOD list?where?
no subpoena has been received yet in neither phils nor abroad address.
but can we still possibly check if a case has been filed yet? thank you..

View user profile

10 Re: Friend Abroad Afraid of HDO on Sat Aug 21, 2010 8:38 am

attyLLL


moderator
you can check at the bureau of immigration if she is on the hdo.

if you know where the wife lives, you can check at the prosecutor's office there is there is any case filed against your friend. better to send a relative with an authorization letter.


_________________
[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.
View user profile

11 Re: Friend Abroad Afraid of HDO Today at 12:26 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum