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Question of Evidence - Can someone give me the best answer?

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JL


Arresto Menor
Grettings,

I've read a lot of case here in this forum most of them about adultery. But no one ask about for how long can the evidence be reliable. So I'm asking these questions.

1. Can the husband file adultery when he and his wife still living together with the baby from the other man. (The reason why he's filing is his wife wanted to go separate ways now but due to the threat of the man that he won't let her see their daughters she can't get out for short the man is using his children as threat for the wife to stay - is there a case that can counter file for the man? The dialogue was "If you leave you won't see your daughters or else i will file an adultery case to you!!!")


2. I want to ask if it's still allowed to file adultery if the child as evidence is more than 1 year old? Why?

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AWV


Reclusion Perpetua
Even if the child is not his, if you are married to him, and you bore the child inside your marriage to him, your child will be regard as his child.
Your child is a strong evidence of your infidelity and there's no expiration for him to use that as an evidence, if he take the child for a DNA you could face an adultery case. And infidelity is not ground for an annulment.

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JL


Arresto Menor
And when found guilty, is it possible to file for probation? And maybe have the RA 9262 for the threat and forcing?

Thanks a lot I've been enlighten in this forum. Very helpful!

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AWV


Reclusion Perpetua
You can try! But if you are found guilty of adultery, it may be difficult for you to counter the charges.

And be aware that infidelity/adultery cases, the spouse are allowed to kill their partner by pretending they are surprised to see their partner having sexual intercourse with another person.
check the link below;
http://www.philippinesplus.com/2010/11/02/filipino-law-allows-murder-for-spouses-caught-in-adultery/

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concepab


Reclusion Perpetua
JL wrote:Grettings,

I've read a lot of case here in this forum most of them about adultery. But no one ask about for how long can the evidence be reliable. So I'm asking these questions.

1. Can the husband file adultery when he and his wife still living together with the baby from the other man. (The reason why he's filing is his wife wanted to go separate ways now but due to the threat of the man that he won't let her see their daughters she can't get out for short the man is using his children as threat for the wife to stay - is there a case that can counter file for the man? The dialogue was "If you leave you won't see your daughters or else i will file an adultery case to you!!!")


2. I want to ask if it's still allowed to file adultery if the child as evidence is more than 1 year old? Why?


IMO, the case will not prosper. The husband is aware of the disloyalty of his wife and yet he chooses to stay/live with her. Perhaps without knowing it, the husband already expressed his forgiveness. And for that he can no longer file adultery.

Regardless of age, the child is the best evidence for crime.

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concepab


Reclusion Perpetua
AWV wrote:You can try! But if you are found guilty of adultery, it may be difficult for you to counter the charges.

And be aware that infidelity/adultery cases, the spouse are allowed to kill their partner by pretending they are surprised to see their partner having sexual intercourse with another person.
check the link below;
http://www.philippinesplus.com/2010/11/02/filipino-law-allows-murder-for-spouses-caught-in-adultery/

I beg to disagree with the “pretending”.

The offended spouse also need to prove that was really surprised, not just pretending. And also, the offended spouse needs to prove that the killing is due to the “immediate reaction” and not premeditated.

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Anna9


Arresto Menor
Yes I agree with the poster above regarding pretending.also,regardless of the child's age,the evidence will be strong. You ask why, well reason is obviously because the DNA doesn't change at 1 year old or even 90 years old.

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AWV


Reclusion Perpetua
Well as for her case he is no longer surprised as he already know, so his defence will be to pretend that he is surprised! who would admit he knows if he can get away of killing her by pretending he doesn't know her affair?

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Anna9


Arresto Menor
That depends on whether she is seeing the other man or not. If she has no sexual relationship with him anymore then her husband has no opportunity to kill her.If anything the biggest issue here is the child who will live with a terrible stigma for the rest of her life. Very difficult to file RA9262 if you are faced with adultery/infidelity case.

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Anna9


Arresto Menor
Also infidelity is not grounds for annulment, but fraud is

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AWV


Reclusion Perpetua
Some people they cannot resist seeing each other again especially if they have a child, so presumably she is still seeing her lover that is why she is trying to find an answer or solution here to use as a escape goat. Basketball

Anna9 wrote:That depends on whether she is seeing the other man or not. If she has no sexual relationship with him anymore then her husband has no opportunity to kill her.If anything the biggest issue here is the child who will live with a terrible stigma for the rest of her life. Very difficult to file RA9262 if you are faced with adultery/infidelity case.

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Anna9


Arresto Menor
Yes it's clear she's looking for a scapegoat.she is obviously in the wrong and desperately trying to blame the husband who has every right to be upset that the child is not his.my advice is try to settle the matter with your husband.No court would rule in your favor after you are found guilty for fraud and adultery

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concepab


Reclusion Perpetua
AWV wrote:Well as for her case he is no longer surprised as he already know, so his defence will be to pretend that he is surprised! who would admit he knows if he can get away of killing her by pretending he doesn't know her affair?  

That is why adultery will not prosper. and in this scenario, the man is still living with the wife knowing the fact that he is not the father of the child and his wife committed infidelity. How can he say he got “surprised”? Of course nobody admits his own crime, but do you think his alibi will not be challenged by the other party?

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Anna9


Arresto Menor
I have a hard time understanding why the husband would stay after such a betrayal from his wife.As for 'filing a case for his force and threats' I'm sorry to say but she deserves it.This is the act of a coward.

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AWV


Reclusion Perpetua
Perhaps he is that crazy in love with her and cannot accept if she would leave him. Some people are like that, they are obssess of their love ones no matter what they do, they are always willing to forgive but not to let them go! I happen to know one of my colleague where he has 4 children with his wife and he went to Saudi and while he's abroad his wife screw around. He heard about it and made an affort to bring his wife and children abroad to stop his wife messing around with their marriage. He is not prepared to let her go as he hates broken home.

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attyLLL


moderator
case won't prosper because the husband is deemed to have reconciled with her. moreover, it is too late for him to question the paternity of the child.


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