I'd like to thank you for this very helpful and informative forum.
I would like to ask if I can pursue and win an adultery case against my wife. Here are some details:
I work in Manila and my family lives in the province. My wife has been seeing a policeman since October 2010 but I never got concrete proof since I am far from home. They go out and drink at bars and she even brought my eldest daughter, aged 18 on drinking occasion. She also let the guy visit her at our residence more than 10 times from October-Nov 2010. Each visit lasted 2-3 hours but they stayed at our dimly lit sala, drinking beer, sitting on 1 couch. He visits between 6pm to 9pm. My children stayed in their room during these visits as they object to their mother's wrongdoing. They even confronted her about this but she said that he was only a friend and they should not tell me so that we won't fight.
I found out the police man's name last March 1, 2011 when I saw text messages in her cell phone which I redeemed from a pawnshop. She texted the policeman to meet her at a hotel. I went home and confronted her but she denied it and she left. When I talked to my daughters (aged 18, 17, 13) they confirmed that he was indeed the police man who kept going to the house. I already filed an admin case (Immorality and Grave Threats- he texted me a death threat) with the police man. My two daughters gave their affidavit about the visits of the guys in the house.
Are these enough to convict my wife of Adultery? Do I need to get more concrete proof like CCTV recording from the hotel they went to? Can I use my daughter's affidavit as proof? She is 3-4 months pregnant and I believe it is the guy's not mine since we never had sexual intercourse during the month of Oct-Nov as I did not go home. She claims it is mine and says it is only 2 months old. Can I get a court order or something that will compel her to undergo pregnancy test to determine the age of the fetus? Is there a way to check the fetus' DNA?
She's claiming to be a battered wife BTW, as her defense. She even told our kids that she will file VACW (RA9262)-physical violence complaint against me if I pursue the Adultery case.
Hoping for your immediate and kind response.