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What are the evidence needed to pursue an adultery case?

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brainiac


Arresto Menor
hello po...
i just would like to ask what are the evidence needed to para ma prove guilty ang tao nang adultery case? I have a wife who have been with her ex and they had gone in to a vacation na dalawa lang sila without me knowing. They went to tagaytay na sila lang and stayed there for one night and two days. They have an inclination na to commit a sexual act and dalawa lang sila sa isang room. Would this be sufficient ground for me to file a succesful adultery case para sa kanila?or what are other evidences that i need to gather pa?

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attyLLL


moderator
i have not come across a case decided by the supreme court which directly answers your question, but there is one decided by the RTC where the woman was acquitted even if they were found to have checked in a motel. the judge rationalized that it was not beyond reasonable doubt and said if it had happened several times, then that would be sufficient proof.


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brainiac


Arresto Menor
thank you po..i was researching recently for some information about adultery and saw a website saying that having inclination and opportunity is enough for the conviction but this are related to divorce cases that were filed from United States, thus this "inclination and opportunity apply to the Philippine adultery law as well or we really have to prove thru pictures that they are having sex and/or they have a child because of this? I have not consulted any lawyer yet since I know that my cases would be on the loosing end and its really hard to get an evidence such as this.

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attyLLL


moderator
degree of proof in a divorce case and a criminal case will be different. if you were filing just for legal separation which has a lighter requirement for evidence, your evidence will have a better chance.


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brainiac


Arresto Menor
hi atty: if i could gather people that could serve as witness that they had gone together that day or have seen them together holding hands all the time and then later checking in to a hotel and then gone out next day would that be sufficient evidence? or should it really be pregnancy?..one article here as well says about probationary application instead of going to prison..how would that happen?or conditions that they could possibly meet before getting the probation?

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attyLLL


moderator
to my mind, it would not be sufficient to prove it beyond reasonable doubt. if you could prove a pattern then much more possible. most convictions are due to a pregnancy where it was impossible for the husband to be the father.

if she is convicted of adultery, she can file for probation and not have to serve jail time.


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janina.taylor


Arresto Menor
so with this case, are pictures would be enough evidence to file a case against the other end?

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attyLLL


moderator
janina, pictures of what? in adultery, the punishable act is sexual intercourse with another man.


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jeffvaleros


Arresto Menor
attyLLL wrote:to my mind, it would not be sufficient to prove it beyond reasonable doubt. if you could prove a pattern then much more possible. most convictions are due to a pregnancy where it was impossible for the husband to be the father.

if she is convicted of adultery, she can file for probation and not have to serve jail time.

what if she already gave birth and the husband is not the father but still the new born baby is using the husband's surname. can this be used also as a proof?

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attyLLL


moderator
yes, that is the usual proof. get a dna test.

note however, the child remains to be your legitimate child unless you file a case to impugn the child within 1 year from issuance of birth certificate.


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11 what are the possible evidence fo adultery on Tue May 10, 2011 5:35 pm

rose_brisbne


Arresto Menor
kung ganon hindi rin palang matibay ang evidence na nakita lang sila na nagpunta ng hotel or motel ng ilag beses dahil hindi naman ibibigay ng hotel ang mga name ng nag check in sa kanilang hotel/motel privacy na un ng client nila e kung umupa sila ng bahay pero walng mag testify na kapitbahay na don nga sila tumira kasi nga naman maabala pa sila sa pagpunta sa court.. how about anak ang nagsabi na don tumulog sa kwarto ng lalaki ang mother nila anong pwedeng mangyari ... at kung napatunayan na nag commit nga ng adultery pano sya mag aaply ng probision ano bang ibig sabihin nito pag nag aply sya nito makukulong ba kagad sya pag napatunayan sa court ang adultery at gaano katagal na process eto. Pano kung ang husband ay permanent residence na ng ibang bansa at pinakamatagal nyang stay dito sa phils. ay 1 month anong mangyayari sa kaso...pano kung wala sya kapag may hearing at pano sya mag gather ng evience sa ganon kaikling panahon
hope na masagot mga katanunga ko if possible bang mga evidence ang picture lang na magkasama sa airplane.. kung may mag testify na nagsama nga sila sa isang apartment..

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attyLLL


moderator
rose, who saw them enter the motel?


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brainiac


Arresto Menor
what if the kids and the sisters says and testify in court that the guy is always sleeping on their mothers room everynight but nobody saw them having sex.

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Jude0322


Arresto Menor
Atty, what if nagkaanak ang girl sa bang lalake, and yong husband Nya is nsa bang bansa? Then umuwi yong guy tapos nkipaghiwalay lang, then lately narealized ng guy na kelangan nyang kasuhan yong wife Nya before para maging legal na ang pag hihiwalay nila, pwede pa po ba yon?

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attyLLL


moderator
brainiac, that can be evidence, but no guarantee.

jude, what case is he contemplating?


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Jude0322


Arresto Menor
Good am atty, anong kaso po ang pwede nyang ifile againts sa wife Nya dati? Para po ma legalize ang paghihiwalay nila?

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attyLLL


moderator
annulment, see grounds here: http://www.google.com/url?q=http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property&sa=U&ei=nAneTqjdH8W4iQeiwJy7BQ&ved=0CAQQFjAA&client=internal-uds-cse&usg=AFQjCNH0tIx3M2ATDbg5zs--XgrwFij7rQ


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scorpions66


Arresto Menor
Good day Atty, How about i have an evidence for volume of calls in fact i have a call details before they go to Hotel, As far as i know the court can order to the telecom company to retrieve the calls details as if needed in any case. All calls in the telecom company are recorded with this we can get an proof/evidence of what they are doing. they are using a plan subscription of some telecom company

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attyLLL


moderator
that's proof that they talked on the phone, nothing else


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onclick


Arresto Menor
Good day Atty.
What if i have a proof of pictures ng wife ko na they are kissing to each other? pwede ko naba cyang kasuhan ng adultery? thanks po. saka pano po kung ung kasal namin eh hindi namin planado lahat pro nagulat nalang kami na ang mama ng asawa ko ang nag schedule ng kasal namin. salamat po.

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attyLLL


moderator
sorry, still not good enough. it has to be proof that they had sex


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maridel


Arresto Menor
pano po kung may birth certificate ang mga kids sa kabit ng husband. matibay na bang ebidensya yon na maconvict ang kabit at husband for adultery /

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attyLLL


moderator
no, it is only the wife and her lover who can be liable for adultery


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grace85


Arresto Menor
Good Day...Atty. I just want to ask if I can file a complain sa isang Motel na ipinakita sa ibang tao ang surveillance cam?
= kung nakita kmi sa isang surveillance cam sa Motel na kasama kmi ng guy pumasok sa loob is this a great evidence to file a case against me na adultery? yung cctv cam na nkita na ng kiss ako sa check ng guy is already an evidence na kabit ako?

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attyLLL


moderator
yes you can file a complaint or sue for damages, but note that would be an admission that it is indeed you in the video.

if that is the only evidence, i would say it is not sufficient.


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