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Adultery Case

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1 Adultery Case on Thu Mar 10, 2011 11:24 pm

imhuman


Arresto Menor
Hi Atty:

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.

Thank you.

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2 Re: Adultery Case on Fri Mar 11, 2011 5:16 pm

imhuman


Arresto Menor
Any advice po? Anyone?

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3 Re: Adultery Case on Sun Mar 13, 2011 8:15 pm

attyLLL


moderator
I feel sorry that this is happening to your family, and even your daughters have to be involved.

your best evidence of adultery is the spurious child. have her undertake an ultrasound. there will be an estimated date of conception based on the size of the fetus. don't try to get dna now; it can be done but it's very expensive and dangerous.

if you are really committed to filing an adultery case, then you can do so now using the ultrasound as evidence, but it will be better if you have the dna evidence.


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4 Re: Adultery Case on Tue Mar 15, 2011 10:54 am

imhuman


Arresto Menor
attyLLL wrote:I feel sorry that this is happening to your family, and even your daughters have to be involved.

your best evidence of adultery is the spurious child. have her undertake an ultrasound. there will be an estimated date of conception based on the size of the fetus. don't try to get dna now; it can be done but it's very expensive and dangerous.

if you are really committed to filing an adultery case, then you can do so now using the ultrasound as evidence, but it will be better if you have the dna evidence.


Thank you for your response attyLLL. How can I compel her to undergo ultrasound? Is there some sort of legal/court order that I can secure?

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5 Re: Adultery Case on Fri Mar 18, 2011 6:04 pm

attyLLL


moderator
no you cannot compel her to do that. are you living separately now? you don't accompany her to the ob/gyn?


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6 Re: Adultery Case on Mon Mar 21, 2011 3:45 pm

imhuman


Arresto Menor
attyLLL wrote:no you cannot compel her to do that. are you living separately now? you don't accompany her to the ob/gyn?

Yes we are now living separately. I moved my kids the day she left our house to avoid further confrontation. Recently, she threatened me again that she will file a RA 9262 case against me if I file an adultery case. She's claiming physical as well as psychological violence, but these so called 'violence' were just consequences of her acts. I have been reading the provisions of RA 9262 and I find it so unfair and biased to (Filipino) men.

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7 Re: Adultery Case on Wed Mar 23, 2011 1:20 am

attyLLL


moderator
yes, ra 9262 is a scourge on filipino men, but that's we get for our ancestors bullying women for centuries. dura lex sed lex. write your congressman to change the law.




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8 Re: Adultery Case on Wed Mar 23, 2011 1:32 pm

imhuman


Arresto Menor
attyLLL wrote:yes, ra 9262 is a scourge on filipino men, but that's we get for our ancestors bullying women for centuries. dura lex sed lex. write your congressman to change the law.

I will do that Atty. RA 9262 should be amended or replaced by a law that covers both women and men, as men also get violated.

Going back to my original post, can I wait until the baby is born before I file the adultery case? Since you said that the baby is the best evidence that I have for my case to prosper and calculating the date of conception will not be a problem.

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9 Re: Adultery Case on Sat Mar 26, 2011 6:21 pm

attyLLL


moderator
you can file it now if you have other evidence now. witnesses, etc. but i don't recommend you use your children for this


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10 Re: Adultery Case on Mon Mar 28, 2011 10:42 pm

imhuman


Arresto Menor
I have no 'concrete proof' yet Atty but I have hired a PI to gather them for me. It has been weeks now and I believe they decided to keep it low as the surveillance produced no results that can prove her infidelity. I am left with the 'child' in her womb as the only evidence.

I don't want the child to carry my last name. Are there legal means that can help me in preventing the child from using my last name? Is the adultery case sufficient cause even without conviction?

Thanks in advance for your kind reply.

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11 Re: Adultery Case on Tue Mar 29, 2011 3:51 pm

attyLLL


moderator
the proper remedy will be to impugn the legitimacy of the child. you will have only one year once it is born to file the petition.


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12 Re: Adultery Case on Thu Dec 22, 2011 1:28 am

wasabe


Arresto Menor
can txt messages be evidence to file adultery?

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13 Re: Adultery Case on Thu Dec 22, 2011 1:37 am

wasabe


Arresto Menor
i get my husbands cp and found some txt messages with her other woman, can i use it against them kahit sa ngayon iba na ang number ng girl? Then lagi ko inaaway at iniiskandalo yong girl anywhere ko sya makita, pwde nya ba akong makasuhan ng Oral Defamation?

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14 Re: Adultery Case on Thu Dec 22, 2011 2:13 am

attyLLL


moderator
adultery can be filed only against a married woman and her paramour.

yes, she can pursue a case against you


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15 Re: Adultery Case on Fri Jan 06, 2012 1:33 am

cerebrum


Arresto Menor
Are pictures uploaded in facebook can be used as evidence? For example, pictures which show that the wife and the other man went into a Palawan resort? Or pictures with facebook captions implying intimate relationship?

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16 Re: Adultery Case on Fri Jan 06, 2012 8:51 pm

attyLLL


moderator
"implying" will not reach the standard of "beyond reasonable doubt" for a criminal case.


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17 Re: Adultery Case on Sun Jan 29, 2012 12:02 pm

forever_ink8


Arresto Menor
Atty additional query po for this topic "adultery". Can I still file an adultery case against my wife na may 3 kids na sa kanyang kinakasama sa ngayon, kasi atty kung sa panahon natin pagbabasihan eh sya ang nagka problema, ang eldest kid nya I believe eh 4 years old na, and additional kasi po may kinanasama na rin po ako, nagka baby din po kmi pero 1 year old p lng ang baby ko, pede nya kaya ako kasuhan ng concubinage samantalang gusto ko xa sampahan ng possible case na adultery, in other words yung panganay nya ngayon eh 4 years old at akin eh 1 year old pa lng.

Another thing atty for clarification, dapat po ba talaga na mahuli sa aktong sexual ang isang babae bilang katibayan ng adultery case? kasi po in my logic terms eh kaya nangalunya ang isang babae dahil ito'y nakipagtalik sexual sa di niya asawa at ang matindi pa nito eh nagkaanak pa siya ng 3 bata, it means talagang may sexual activity na nagaganap, tama po ba ang aking reason or meron pang ibang magpapatibay sa kasong ganito?

Thanks a lot po atty at marami na po kayong sagot sa aking mga katanungang personal lalo na nakakapag bigay din ako ng konting advise sa mga frends ko... Keep it up and God bless. "Till next time po ulit.

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18 Re: Adultery Case on Sat Feb 04, 2012 3:10 pm

attyLLL


moderator
yes, you can still charge her with adultery. the best evidence are her 3 kids, but you have to show that they are not your children.


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19 Re: Adultery Case on Sat Feb 04, 2012 4:08 pm

cake_9196


Arresto Menor
Atty, Paano kung yong wife nagkaroon ng ibang lalaki. Pero wala silang anak. Tapos ang husband nagkaroon na rin ng girl na kikasama at nagkaroon naman sila ng anak.

Pwede pa ba mag demanda yong husband sa wife ng adultery?

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20 Re: Adultery Case on Sat Feb 04, 2012 9:34 pm

attyLLL


moderator
yes, but he has to be prepared charges of concubinage and ra 9262 also


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21 Re: Adultery Case on Mon Feb 13, 2012 12:11 pm

forever_ink8


Arresto Menor
One more thing atty, kasi sabi niya since almost 5yrs na kami hiwalay ng wife ko at may kinakasama nga siya at may 3 kids pa siya, sabi niya na hindi ko na pwedeng ifile ang adultery case laban sa kanya, atty may time coverage po ba ang pag file ng adultery case? I mean baka ma dissolve yung case dahil sa time frame, na dapat nung 1st year ko pa dapat na file? thanks po

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22 Re: Adultery Case on Tue Feb 14, 2012 4:33 pm

yzeth


Arresto Menor
ano po ba ang pwedeng ikaso sa isang lalaki na nagkaroon ng anak sa kanyang sariling pamangkin. Mayroon din po siyang kinakasama may isa silang anak 7yrs old na. Ngayon po ay may relasyon sila ng pamangking buo niya. Ano po ba ang pwedeng gawin sa kanila? sinasabi po kasi nila na mahal daw nila ang isat isa. pero hindi po sila pwede dahil mag kamag anak po sila. masyado po kasi silang nakaka iskandalo sa paligid.

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23 Re: Adultery Case on Wed Feb 15, 2012 10:57 pm

attyLLL


moderator
forever, you can still file it. let her allege that as a defense.

yzeth, incest is not a crime.


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24 Re: Adultery Case on Sun Apr 21, 2013 10:15 pm

ms.teryosa


Arresto Menor
atty,
ask ko lang po kung ...
1. pwede po bang gamitin ng mister ko sa pagsampa ng kasong adultery ang phone calls at txt msgs. namin ng lalaki na may mga tawagan na "mahal ko" at mga palitan ng mga sweet conversation sa txt?

2. kung inamin ko naman sa mister ko na may affair nga po ako sa iba pero wala po sa puntong umabot kami sa pagtatalik.

3. nasa mister ko po ang anak namin na 6yo. mahigit 3wks ko na pong di nakikita ang anak ko. ayaw nyang ipakita. dahil sabi daw po ng legal counsel nya kahit below 7yo daw ang bata ay di pa rin daw ibibigay ang bata sa ina kung:

a. physically and mentally incapacitated
b. jobless
c. immoral
d. nangalunya

pwede po ba ninyo ipaliwanag ito sa akin kung ano po ang sinasabi ng batas tungkol sa mga bagay na ito.

paano ko po makukuha ang anak ko?

sana po ay matulungan nio ako. salamat po.

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25 Re: Adultery Case on Tue Jul 22, 2014 10:07 am

jeff2368


Arresto Menor
Atty. i would like to file Adultery Case against my wife & her lover. ang sex video ho ba nila evidence na ba ho yun pra ma convict sila pareho.

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26 Re: Adultery Case Today at 6:17 am

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