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counter affidavit for adultery

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1 counter affidavit for adultery on Thu May 19, 2011 5:31 pm

morbid angel


Arresto Menor
do i need to suffice an evidence in presenting a counter affidavit for adultery?
how can i disprove an adultery case? the evidence against us are just pictures that we are together and these are not intimate pictures.

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2 Re: counter affidavit for adultery on Fri May 20, 2011 8:22 pm

attyLLL


moderator
i recommend you still file a counter affidavit. deny the charge and point out that the evidence is weak.


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3 Re: counter affidavit for adultery on Thu May 26, 2011 11:29 pm

virgomom


Arresto Menor
what if he has witness which is "kasabwat" in testifying they both saw us having caught making love. but it's really not true, i'm at the office with the secretary and my boss at that time.in their testimony it happened before they came in. he also some witness testifying they saw us kissing (which is true)but not on that day, is this really a ground for adultery.

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4 Re: counter affidavit for adultery on Fri May 27, 2011 5:46 pm

attyLLL


moderator
those are evidentiary issues. it will depend on the credibility of those witnesses who are saying the caught you having sexual intercourse.

study their statements closely and show how they are false. kissing is just additional evidence, but not conclusive.


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5 Re: counter affidavit for adultery on Fri May 27, 2011 9:25 pm

virgomom


Arresto Menor
thanks for immediate reply, if i get the secretary to testify, is it sufficient to prove that their testimony are all lies? i had some voice record of him making lies (many issues) and make it heard by his mother and relatives, and i also record all their reactions, mad at him. Can i use it in court to show how liar he is? thanks for your kind reply

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6 Re: counter affidavit for adultery on Sat May 28, 2011 5:55 pm

attyLLL


moderator
voice recordings are illegal if the parties do no know they are being recorded. they cannot be used as evidence.

it all depends on the credibility of the witness and their testimony whether they will be believed.


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7 Re: counter affidavit for adultery on Sun May 29, 2011 12:46 pm

virgomom


Arresto Menor
I'm psychologically tortured atty, they don't stop making stories. our company relocated just a while ago, i decided to get some videos of the area from gate to office to preserve it. incidentally the witness was captured while passing along with me. lately i found out she and my X tried to file blotter against me of getting video and told them" minura mura pa daw sya" which is not true. can i use the video in court if ever they needed an ocular inspection.(in their testimony they saw us having sexual intercourse at the office) what can i file against that stupid witness and my x as well? thanks for your time atty.

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8 Re: counter affidavit for adultery on Wed Jun 01, 2011 8:01 pm

attyLLL


moderator
those videos are ok as long as they don't contain private conversations.

if later you can prove that the are lying, then you can file a perjury case against them, but his is very hard to prove.


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9 Re: counter affidavit for adultery on Sat Jun 04, 2011 8:57 am

virgomom


Arresto Menor
thanks again atty. i know i have to prove myself not guilty. surely the court will ask of their motives. can being a jealous guy possible as proof. my ex is a man who always jealous of any guy, when i was newly hired, he even tried to call my boss office to kick me out of my job coz i'm not worth it. there's also an instance we fought because i was provided a company mobile phone and almost threaten my life, one time we argued about hiring a jeep (much cheaper) from our company driver one summer vacation (he questioned why to that driver) he made arguments everytime he saw me talking with my coworker and lately the girl pretending to be witness (kasabwat making stories) made him fool to the extent that he filed adultery. we're not in good terms of that girl eversince. pls advise me more.

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10 Re: counter affidavit for adultery on Sat Jun 04, 2011 1:40 pm

attyLLL


moderator
have you filed your counter affidavit?

I don't recommend you focus on motives. focus on the witness and how it would be impossible for that person to have seen the act.


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11 Re: counter affidavit for adultery on Sun Jun 05, 2011 11:17 am

virgomom


Arresto Menor
yes atty, i have filed already and it was presented in court. but i still have no witness to stand. i'm trying to get my officemate's affidavit coz she, my boss and the driver (the guy they link to me) was only there with me at that time. could it be possible to get the affidavit of the arresting officer (their from brgy.) they knew i had company when they respond to the scene.can they stand as witness too? thank you so much for your time.

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12 Re: counter affidavit for adultery on Sun Jun 05, 2011 8:52 pm

attyLLL


moderator
you can present the testimony of any person as long as its relevant


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13 Re: counter affidavit for adultery on Mon Jun 06, 2011 9:30 pm

virgomom


Arresto Menor
thank you so much, you really help a lot

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14 Re: counter affidavit for adultery on Wed Jun 08, 2011 10:13 am

Heartility_05


Arresto Menor
Sir, the x-wife of my boyfriend filed a case against me for adultery. She has some pictures of us but not an intimate pics. Malakas ba laban nya?

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15 Re: counter affidavit for adultery on Thu Jun 09, 2011 12:34 am

attyLLL


moderator
are you sure it's for adultery? not concubinage?

in either case, those pics are not necessarily good evidence.


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16 Re: counter affidavit for adultery on Thu Jun 09, 2011 12:05 pm

Heartility_05


Arresto Menor
it was my mom who received the demand letter from the trial court, funny thing is it was addresed to my name but using my boyfriend's surname so what my mom did was to return the letter since the complete name there was incorrect and to show that there's no person on that name in our house. So now, we are not doing any action so nfar, we are waiting for their next move. Is there anything that we can do? Should i file a counter affidavit?

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17 Re: counter affidavit for adultery on Fri Jun 10, 2011 12:19 am

attyLLL


moderator
i would not agree that is a good move. the case can continue at the prosecutor's office and you might be deemed to have waived your right to file a counter affidavit and your evidence, thus giving them a free hand to allege anything.


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18 Re: counter affidavit for adultery on Fri Jun 10, 2011 11:37 am

Heartility_05


Arresto Menor
so what's the best thing to do sir? please advise.

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19 Re: counter affidavit for adultery on Fri Jun 10, 2011 7:04 pm

attyLLL


moderator
go to the prosecutor's office and acquire a copy of the complaint and file your counter affidavit.


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20 Re: counter affidavit for adultery on Sat Jun 11, 2011 12:19 pm

Heartility_05


Arresto Menor
but it was not named to me properly, yes it was my name but it wasnt my last name indicated there.

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21 Re: counter affidavit for adultery on Sun Jun 12, 2011 11:49 am

attyLLL


moderator
but you are the person referred to. the name can be corrected later on, even at arraignment in court. it is up to you to weigh the risk of not addressing this now.


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