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is this a ground for adultery?

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1 is this a ground for adultery? on Thu May 19, 2011 11:30 pm

jesha


Arresto Menor
my bestfriend was suited for adultery from her husband.
He based it from the word of the mouth from the officemate of his wife. on where her officemate utter: " nakita ko ung asawa mo sa isang close room with other guy, nang i-open ko ang room, she was halfed naked on top of a table, on which after what they did i call the attention of my co-workers that they leave a trace on the floor."

ung co-worker nya nagsabi hindi sila sure ung sa traces na naiwan. at di rin nila nakita ung bestfriend ko with the other guy inside the room. tinawag lang sila to let them see the trace left.

Is this the good basis for an adultery?.. pls help me to understand it.

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2 Re: is this a ground for adultery? on Thu May 19, 2011 11:55 pm

Art.333 Who are guilty of adultery- Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.

provided facts are quite vague, if the incident did not squarely fit the elements provided above there is no adultery.

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3 Re: is this a ground for adultery? on Fri May 20, 2011 8:05 am

jesha


Arresto Menor
The "other guy" knows that my b-friend is married bcoz he was subordinate of my b-friend.
Does it really need that the husband should be the one seen the incident and not base on the utter from other people? Correct if im wrong.
Mr. sureshock, can you please more elaborate the bottom statement, i cant understand it what does it mean. thank you for the prompt reply.

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4 Re: is this a ground for adultery? on Sat May 21, 2011 7:29 am

jesha


Arresto Menor
jesha wrote:The "other guy" knows that my b-friend is married bcoz he was subordinate of my b-friend.
Does it really need that the husband should be the one seen the incident and not base on the utter from other people? Correct if im wrong.
Mr. sureshock, can you please more elaborate the bottom statement, i cant understand it what does it mean. thank you for the prompt reply.

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5 Re: is this a ground for adultery? on Sat May 21, 2011 7:40 am

jesha


Arresto Menor
can be my b-friend ask for a support as abandoned woman from her husband. her husband now lived with his parents. he work as a seaman.

on later incident, my b-friend left their conjugal house for safety reason, b-coz on the misunderstanding that they had now. And on which the husband can come and go to their conjugal house coz he had keys. Her husband pulled-out appliances in their conjugal house without the permission from her. what will be the next step should my b-friend do?

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6 Re: is this a ground for adultery? on Sat May 21, 2011 1:50 pm

attyLLL


moderator
if the actual witnesses did not file their own affidavit, then the evidence is all hearsay because the husband did not see it personally.

yes, the wife can still ask for support.


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7 Re: is this a ground for adultery? on Sun May 22, 2011 7:34 am

jesha


Arresto Menor
AttyLLL her husband get him as a witness (the one who says the "incident"), he made him an affidavit (sworn statement) and that was the one of his evidence of an adultery.
Consider pa rin po ba kahit ung "witness" na un ay walang evidence kundi puro lang salita?


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8 Re: is this a ground for adultery? on Sun May 22, 2011 6:54 pm

attyLLL


moderator
yes, his eyewitness testimony is good evidence. it will be up to his credibility whether the prosecutor will believe him.


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9 Re: is this a ground for adultery? on Sun May 22, 2011 7:37 pm

jesha


Arresto Menor
eventhough wala po ung husband nya sa scenario, effective pa rin ung "eyewitness"..

attyLLL, may pinanghawakan ung bfriend ko ngaun, kasi they were in a company grievance.. ung sinabi nya sa grievance nagrave place is different sa sworn statement nya.. pwede po ba un as evidence ng bfriend ko?..

may isa pa po siyang evidence ng eyewitness, may kinuha siyang brgy clearance sa ibang brgy para i-deny nya na di xa tumira sa sariling brgy. kasi po may pina file ung bfriend ko na case against him which is for grave slander.. pwede po ba isan un sa evidence ng friend ko as to his questionable credibility?

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luvz2005


Arresto Menor
ang asawa ko po ay nasa japan, nahuli ko sya na nambabae kasi di nya na isign out ang acct nya ng dumalaw sya, yung acct nya na yun ay iba pangalan, pero ang mga nakaattached ng picts ay sa kanya, nakikipag sex sya sa kasamahan nya sa trabaho at naging gf ito, ng kinausap kong babae sa telepono, umamin ito at sinabing di daw nya alam na may asawa ang husband ko..

gusto ko idemanda ang asawa ko, ano ba dapat ko gawin para matanggal din sya sa trabaho nya at ang babae ba nakarelasyon nya ay maipapatanggal ko din sa trabaho?

nabasa ko ang adultery and concubinage, di ko naman kasi nakita ng akto at di naman binahay ang babae, so ano po ba ang pwedi para sa kanya?

may tao po na pinagkwentuhan asawa ko na may karelasyon sya at nakikipag sex sya sa babae, willing tumulong ang pinagsabihan ng asawa ko, 2 pong tao yun.



Last edited by luvz2005 on Mon May 23, 2011 5:41 pm; edited 1 time in total (Reason for editing : add info)

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11 Re: is this a ground for adultery? on Wed May 25, 2011 10:19 am

attyLLL


moderator
luvz, are you in japan or in the philippines?

either way, the evidence is a bit weak. but it may be enough to scare your husband by threatening a case.


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12 Re: is this a ground for adultery? on Wed May 25, 2011 9:08 pm

luvz2005


Arresto Menor
am here in the phil.. i am willing to humiliate him, di lng takutin sya,kung di patanggal sa trabaho, patanggalan ng visa at pauwiin dito ng walng wala!

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13 Re: is this a ground for adultery? on Wed May 25, 2011 9:09 pm

luvz2005


Arresto Menor
THANKS ngapo pala, sorry, natatalo ako ng emotions ko..
anong laban ang pwedi po para sa akin, para magawa ko plan ko?

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14 Re: is this a ground for adultery? on Thu May 26, 2011 6:17 pm

attyLLL


moderator
is he still sending support? if not, file a case of ra 9262 against him


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15 Re: is this a ground for adultery? on Thu May 26, 2011 7:28 pm

luvz2005


Arresto Menor
so i cant put him on jail nor ipatanggal sa trabaho/visa??

tnx atty, ill read ra 9262 din po..

blessed pm!

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16 Re: is this a ground for adultery? on Thu May 26, 2011 7:36 pm

luvz2005


Arresto Menor
tnx atty, this article fits my query....

pagaaralan ko lahat para pati yung mga babae, matanggal sa work kc teacher plus yung isa married..

they will be humiliated dapat man lang..

hay naku, kakagalit po, sorry...

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17 Re: is this a ground for adultery? on Fri May 27, 2011 1:42 pm

jesha


Arresto Menor
jesha wrote:eventhough wala po ung husband nya sa scenario, effective pa rin ung "eyewitness"..

attyLLL, may pinanghawakan ung bfriend ko ngaun, kasi they were in a company grievance.. ung sinabi nya sa grievance nagrave place is different sa sworn statement nya.. pwede po ba un as evidence ng bfriend ko?..

may isa pa po siyang evidence ng eyewitness, may kinuha siyang brgy clearance sa ibang brgy para i-deny nya na di xa tumira sa sariling brgy. kasi po may pina file ung bfriend ko na case against him which is for grave slander.. pwede po ba isan un sa evidence ng friend ko as to his questionable credibility?

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18 Re: is this a ground for adultery? on Fri May 27, 2011 2:05 pm

luvz2005


Arresto Menor
hello, am sorry ha.. am not familiar to this site, kaya dito ako nakapag psot sa query mo..

anyways, salamat, kasi naisingit ako ni Atty, medyo nakaluwag sa akin ang lahat..

may we find peace and victory!!

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19 Re: is this a ground for adultery? on Fri May 27, 2011 6:07 pm

attyLLL


moderator
jesha, you can try to use that if it can be proven he is lying about his residence. but it does not seem relevant to a charge of adultery.


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20 Re: is this a ground for adultery? on Sun Jun 05, 2011 6:17 pm

jesha


Arresto Menor
attyLLL, part po ung evidence ng bfriend as the credibility of the eyewitness.. pwede po ba un magamit na he lies..]

AttyLLL, my bfriend rcvs the resolution from the court that the case was not dismissed last April 16. and that the husband could file now adultery.. til now she didnt rcvs a anything from the court.. may deadline po ba kung when magfile ng case from the date received the resolution?.. para yatang di nagfile ung husband nya..

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21 Re: is this a ground for adultery? on Sun Jun 05, 2011 6:23 pm

jesha


Arresto Menor
hi luvz.. no problem with me.. hope ur ok as of now.. God bless

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22 Re: is this a ground for adultery? on Sun Jun 05, 2011 9:03 pm

attyLLL


moderator
jesha, in that case, you should be monitoring which court the case will be filed and be prepared to file bail.


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23 Re: is this a ground for adultery? on Sun Jun 05, 2011 9:16 pm

jesha


Arresto Menor
attyLLL, at what range po ung bail ng adultery? para makapag prepare po?

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24 Re: is this a ground for adultery? on Sun Jun 05, 2011 9:37 pm

attyLLL


moderator
it should be written on the resolution, I think it's P6,000.00. if you are convicted, you can file for probation and not be imprisoned.


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25 Re: is this a ground for adultery? on Sun Jun 05, 2011 10:07 pm

jesha


Arresto Menor
ung application for probation may bayad rin po ba un? can she still work? can still my friend ask for support if shes on probation? wala po silang anak attyLLL...

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