Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Good evening

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Good evening on Fri May 13, 2011 8:26 pm

connect4


Arresto Menor
Good evening,

I found this site at Google. I hope you can help.

I am with a woman that I know to be married. Her husband had deserted her, and not seen her since 2003. He learnt that we are in a relationship, and demanded money from me. I am a company director, I am not so wealthy. Anyway, he is now threatening charges of adultery.

I didn't know there is a law like this. Does this carry a jail sentence? He has no evidence, just knowing that me and his wife are together.

What is the worse I can expect if guilty? How can I prove my innocence, I didn't know this is a law. Should I just pay him the 80,000 pesos that he demands?

It makes me angry because he didn't help his wife and son since 2003. Now he wants this.
Many Thanks...

View user profile

2 Re: Good evening on Sat May 14, 2011 10:01 am

attyLLL


moderator
is your fear the embarrassment or facing a charge? adultery is hard to prove because what needs to be proven is that you had sexual intercourse with his wife. and he has to include his wife in the charge.

you can counter his acts by threatening to file charges of economic abuse under ra 9262.

the problem with paying is that it may become just a downpayment. if you do decide to do that, have him sign a document that he interposes no objection to your relationship.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Good evening on Mon May 16, 2011 5:24 pm

connect4


Arresto Menor
Thank-you atty for the reply.

My fear is that, in this case, I will be unable to represent my company abroad in Japan. It could cost my company, and I may be forced to sack my workforce.

She had a baby girl from me 3 years ago, the baby may have been conceived in Japan because we were there at the time.

If I am on bail, I am not allowed to travel out of the country so cannot continue my business that took me 16 years to build.

Sad

View user profile

4 Re: Good evening on Mon May 16, 2011 6:47 pm

attyLLL


moderator
did you acknowledge the child by signing the birth certificate? is it a japanese or philippine birth certificate, or both? was the child born in japan?

indeed there is a rule that any person out on bail may not be allowed to leave. but as you mentioned, he has no proof. (unless the birth certificate is signed by you.)


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Good evening on Mon May 16, 2011 7:51 pm

connect4


Arresto Menor
attyLLL wrote:did you acknowledge the child by signing the birth certificate? is it a japanese or philippine birth certificate, or both? was the child born in japan?

indeed there is a rule that any person out on bail may not be allowed to leave. but as you mentioned, he has no proof. (unless the birth certificate is signed by you.)


I signed the birth certificate, and it is a Japanese birth certificate. The baby was born in Japan, I am Japanese. We visited Japan in November 2007 for 3 weeks. Back to Philippines to invest in a new building, then back to Japan in July when my wife gave birth in August. The baby is registered at NSO by my wife.

We think the baby was conceived in Japan. The baby was born in Japan. If so, then Philippine law cannot apply? Even if I sign a birth certificate, can it even be proven that, although intercourse happened, it happened in Philippines? In such a case, can a Judge assume that I have carnal knowledge of her in Philippines?

Thanks for your help.

View user profile

6 Re: Good evening on Tue May 17, 2011 10:44 pm

attyLLL


moderator
any ultrasound reports? normally they have a date of conception. if you can prove that between 6 to 10 months prior her birth, you were in japan, then I would argue that the sexual intercourse was probably outside philippine territory.

when you say your wife (you mean your gf, right?) registered your child at the nso, do you mean another Philippine birth certificate was issued or she used the japanese birth certificate? if it was a Philippine birth certificate, did you sign that one too?

if a case is filed, it has to be at prosecutor's office first.
as for your right to travel there are ways to enforce it even if you are out on bail.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

7 Re: Good evening on Wed May 18, 2011 10:32 pm

connect4


Arresto Menor
attyLLL wrote:any ultrasound reports? normally they have a date of conception. if you can prove that between 6 to 10 months prior her birth, you were in japan, then I would argue that the sexual intercourse was probably outside philippine territory.

when you say your wife (you mean your gf, right?) registered your child at the nso, do you mean another Philippine birth certificate was issued or she used the japanese birth certificate? if it was a Philippine birth certificate, did you sign that one too?

if a case is filed, it has to be at prosecutor's office first.
as for your right to travel there are ways to enforce it even if you are out on bail.

Sorry po, I mean my gf. Thanks for the advice, seems it is difficult to prove any guilt but any charge laid could damage my business in the meantime :-(

View user profile

8 Re: Good evening Today at 2:03 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum