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will they be imprisoned immediately? the husband & the mistress.

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iamportal


Arresto Menor
If the wife found out that his husband has a mistress and they already have a child.what will she file? If she files, will it undergo some process or the husband and the mistress will be immediately imprisoned? if the wife have some evidence of the picture of the child and his husband. and some conversations (not directly) of the wife and the mistress on social sites. and private messages between them.

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MisterD


Arresto Mayor
iamportal wrote:If the wife found out that his husband has a mistress and they already have a child.what will she file? If she files, will it undergo some process or the husband and the mistress will be immediately imprisoned? if the wife have some evidence of the picture of the child and his husband. and some conversations (not directly) of the wife and the mistress on social sites. and private messages between them.
The wife can file Concubinage (Criminal Case) but most say its very difficult to prove.

Best thing if to file RA9262 against the husband for psychological violence and Civil Case for interfering with your family affair as well as Monetary Damages for the Mistress.

Better consult a Lawyer (PAO or Private) as always.

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marlo


Reclusion Perpetua
iamportal wrote:If the wife found out that his husband has a mistress and they already have a child.what will she file? If she files, will it undergo some process or the husband and the mistress will be immediately imprisoned? if the wife have some evidence of the picture of the child and his husband. and some conversations (not directly) of the wife and the mistress on social sites. and private messages between them.

Evidence to which case? Was it concubinage case?

The mentioned "private" messages learned by wife and the illegit child (assuming that wife and husband are legally married) are not sufficient grounds for a concubinage case or its progress.

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iamportal


Arresto Menor
I mean the legal wife and the mistress exchanges private messages to each other. Can the legal present it as an evidence?

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marlo


Reclusion Perpetua
Yes you can. But I dont think that has bearing in court as strong evidence to concubinage case imho.

Afaik you need to prove the grounds of concubinage case in court before you can charge them both. Those elements are more or less sexual intercourse in scandalous manner, cohabitation anywhere as husband and wife, and the mistress admits the knoweldge of her lover being married already.

Circumstantial. Mahirap na himay himayin isa isa yan. Mabusisis patunayan. Halimbawa, kung dumadalaw dalaw lang ang mistress sa meeting place nila like apartment, it cannot be considered as cohabitation. Isa pang halimbawa, kung mag deny ang mistress na alam niya na may asawa na si lover niya, kailangan kontrahin rin yun. The illegit child was not mentioned as ground to evidence not much like in adultery case.

Get an atty for legal advise.

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attyLLL


moderator
private conversations are not admissible in evidence.


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