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Advice Needed - adultery and annulment

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1 Advice Needed - adultery and annulment on Sun Sep 15, 2013 3:57 pm


Arresto Menor
Good morning Atty.

I got married in 2000 but unfortunately we got separated. we had a son who's 12yo now.

I left her on suspicion that she's having an affair with someone. we used to have a good business at the public market, we had a stall there but sadly
it always ended of a loss every month. i was working then at a local company in Philippines.

Year 2003 was the time I left her and my son, and decided to stay at my parents house. she tried everything to get me back and ended up using our own son just to get me back but my decision is final i called it quits.

several months passed after the separation, i received messages from our common friends that she has a new live-in partner. I never confronted her and i never caused them troubles and decided to move on. But what hurts me is she used my son, she would not allow me to be with my son that time my son was just 3yo. and that time also she did not asked for any financial support because she had this guy with them.

Year 2007 i got lucky and got a job abroad as an OFW, while my ex-wife was again left behind by the guy that she's living with. and this time threatend to file a case against me if i will not support our child. so since 2007 ive been giving allowance to our son. this time also i met my new partner and started living together.

Year 2008, she met a guy who's working on a ship, they lived together and had a son, i have some pics of them together, i downloaded it via Friendster and Facebook. still i never caused them troubles. and still i continued supporting for my son giving him allowance every month. while she always have her business closed and never prospered.

Year 2012, I saw on their Facebook accounts that she was again left behind by the seaman guy and was left alone with the child. she filed a complaint at the NBI in violation of RA 9262 (Is this how easy to get to file a complaint directly to NBI and not to local authorities?) and the subpoena was sent to the agency of the seaman guy. while me on my part downloaded the pictures of the subpoena from her facebook for future use, i even grabbed a screen shot of somewhat affidavit of her.. though was written only on the facebook wall of the seaman guy. (can i also use this as evidence of adultery?) and also by the way, i had my daughter with my partner this year also.

Year 2013, this year our son graduated elementary. i already have plans for him as to which school he will be studying but i was surprised when my son told me that her mom already reserved him at a private school with a very expensive tuition fee. while im planning to have him enrolled in a private school but not as expensive as to the school he's studying now. i need to tighten my budget so that i can pay the school's tuition.

Last month i was on vacation there in philippines and went back abroad after 3weeks. that time i did not received any allowance from the company so i only had a small remittance to them. this time my mom's ATM got a problem and lost the PIN code and the allowance of my son was delayed. and my partner cannot transfer funds because she has a work and cannot just go outside to deposit money.

My ex-wife got furious again this time, saying a lot of harshwords to me and my partern via Facebook messenger and did not accept my son's allowance and she said that she already filed a complaint again... via NBI, i dont know what complaint, i dont know if she's bluffing or not but this time its enough. I am waiting for the complaint if it will be receiving it. but i made up my mind.. I will be filing adultery case against her during my next vacation.

My question is..

1. I am supporting my son thru tuition fee and monthly allowance, will i still be obliged to give a bigger amount knowing that my ex has another son from a different guy and maybe the money intended for my son will be used also to his other child?

2. will the photograph of the subpoena for his ex seaman partner be used as evidence against the adultery case?

3. will the screenshot of her facebook account with some wall comments seemingly like an affidavit be used again as an evidence against her for adultery case?

4. my son is already 12, will i be given custody of my son if she will be found guilty of adultery?

5. will this adultery case be a strong ground for annulment?

I want to move-on im tired of her drama's.. 3 guys including myself left her.. still she never realized that there's something wrong with her psychologically...

hoping to see your comments.

Thanks in advance.


Last edited by HebronLuke on Mon Sep 16, 2013 1:12 pm; edited 1 time in total (Reason for editing : Outlined and re-composed)

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2 Re: Advice Needed - adultery and annulment on Sun Sep 15, 2013 4:47 pm


Reclusion Perpetua
ano daw ang ikakaso niya sa iyo?

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3 Re: Advice Needed - adultery and annulment on Sun Sep 15, 2013 4:54 pm


Arresto Menor
Abandonment daw ang na file na complaint at ang complainant ang anak ko. invalid daw ang mga pinadala kong supporta dati kasi daw wla akong proof na sinuportahan ko ang anak ko dahil wala silang pinirmahan na natanggap nila ang pera at allowances ng anak ko.

Talagang sugapa lang sa pera kasi.. ako ang nag paaral sa anak ko sa pvt school ngayon at nag bibigay pako allowance buwan2.

will i be violiting RA9262??

Last edited by HebronLuke on Fri Oct 04, 2013 9:47 pm; edited 1 time in total

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4 Re: Advice Needed - adultery and annulment on Tue Sep 17, 2013 1:21 pm


Arresto Menor
up... please advice..

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5 Re: Advice Needed - adultery and annulment on Fri Oct 04, 2013 9:47 pm


Arresto Menor
up ko lang baka may mag bigay ng advise...


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6 Re: Advice Needed - adultery and annulment on Sat Oct 05, 2013 6:01 pm


Reclusion Perpetua
No! you don't live with her for a long time and there's 2 men after you! She can claim for maintenance but can't sue you for RA9262.
And yes! if you sue her for adultery she may have to face the consequences. Let her know you will go for that and tell her you gathered enough evidence against her so if she will sue you, she have to be prepared! and yes! you are likely to have the custody of your son.

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7 Re: Advice Needed - adultery and annulment on Sat Oct 05, 2013 6:06 pm


Arresto Menor
thank you for the advise

i appreciate it.

now i know what to do next.

oh well, just to add another info..

she never wanted me to have the student number of my son, and dont want me to pay online for my son's tuition. that, i smelled something fishy.

during the first grading.. i sent her 11,500 thru my parents to pay my son's tuition.

and asked my dad to go to the school and asked for a Statement of Account for my son.

my dad managed to get one and my suspicion is true.
the reason why she doesn't want me to pay online is for her to use the money for herself.

of the 11,500 tuition i gave her... only 5,000 was paid.

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8 Re: Advice Needed - adultery and annulment on Thu Oct 10, 2013 10:11 pm


Arresto Menor
1. I am supporting my son thru tuition fee and monthly allowance, will i still be obliged to give a bigger amount knowing that my ex has another son from a different guy and maybe the money intended for my son will be used also to his other child?

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

The ammount of support is dependent on the giver's RESOURCES and recipient's NEEDS.

Civil Code of the Philippines annotated by Justice Edgardo Paras(deceased)

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