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probation in adultery??

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1 probation in adultery?? on Sun Jul 17, 2011 5:42 pm

cheetoz15


Arresto Mayor
I heard that if u sue your wife & his lover for adultery & they loose. they can file daw for probation which has no jail term. Parang mag rereport lang daw sila sa correctional officer nila once a month or something. If that is the case then wala din silbe yun pag demanda ng adultery kasi nagastusan ka na then laya din pala yun dinemanda mo & tuloy pa rin ang ligaya nila kasi hindi naman sila mababantayan din ng correctional officer nila 24hrs/day. all i think they will have is a criminal record sa nbi which is not that much of a punishment?

can anyone enlighten me on this issue?

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2 Re: probation in adultery?? on Mon Jul 18, 2011 3:25 pm

rchrd


moderator
part of the condition of their probation is not to commit a crime again. If they meet and continue with their old ways, they will be committing another crime of adultery so their probation can be revoked and they will serve the penalty imposed before they applied for probation. in addition, they will be sentenced for the new crime they committed.

the probation law is intended for the reformation of those who are remorseful. if the intended beneficiary proves that he/she is can be reformed and faithfully comply with the conditions of his/her probation, well and good, he/she will not be imprisoned.
If however the probationer (person granted probation) shows that he/she is a rascal and hardheaded fellow incapable of reformation, the probation law will not work to his/her favor. He/she will suffer the full force of the law.

Is the explanation enough? Hope that is clear. God bless.

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3 Re: probation in adultery?? on Mon Jul 18, 2011 5:15 pm

cheetoz15


Arresto Mayor
yes i get your point. but may i ask who would watch the probationers? I don't their correctional officer can watch them 24/7 ?

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4 Re: probation in adultery?? on Mon Jul 18, 2011 7:49 pm

attyLLL


moderator
no one watches them. there is no guarantee that they won't engage in any clandestine activity.

but first of all, do you have the evidence convict them in the first place? proof of sexual intercourse is hard to come by.


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5 Re: probation in adultery?? on Tue Jul 19, 2011 12:31 am

cheetoz15


Arresto Mayor
no i don't have, but i have a lot of witnesses to prove that they have a relationship; they saw them embracing, kissing intimately & touching each other in (u know where). i don't think they r just holding hands when they go out for dates also. when d guy knows that the woman is still married. I know what the law states in adultery but doesn't this amount to any weight in court ? (witnesses)? I think its very easy to produce a video seeing them went inside the motel but a video seeing them doing the sexual intercourse itself is very impossible or should i say very hard to produce not unless u know somebody from the motel or im a ex-cia agent?

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6 Re: probation in adultery?? on Tue Jul 19, 2011 10:57 pm

attyLLL


moderator
for a civil case against the guy for damages, I'd say you have workable evidence, but for adultery, not necessarily. there is no strict rule in adultery, but i do know of one case which was dismissed because there was only one documented instance that they went to a motel.

you can produce a picture with your wife holding another man's penis, and I would argue that is insufficient to prove adultery. the one i've seen convicted are when the woman gets pregnant and the dad is an ofw.


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7 accusing adultery on Wed Jul 20, 2011 4:46 pm

pheia


Arresto Menor
hi.meon po q ask.i have a friend whose have a relationship with a married man and my friend is also married,peo nun nging cla e hiwalay un guy dun s wife nya,then after a month ngkblikan po un mg asw and un friend q and d guy n stop un pgkkita at comm.bcause happy n un girl knowing n aus n un family ng guy.after few months ngkita n ule un guy at friend q,tpos npg usapn n ausin n mga fmily nla.and they agreed on that. peo ngkta p din cla with their friends.after a while nlaman nun wife nun guy un nging gf ng asw nya at nghanap xa ng evidences at nkkuha xa ng tx msg at un ang nging evdence nya after that,she confronted un friend q tpos d lam ng friend q n nrerecord pl nya un conversation nla,tpos umamin xa kz ntkot xa at p n amin n din xa ng mga ksm nya friend.do u think po if the wife of the guy pursue a case as an adultery,wat will happen? will that tx be a strong evidence as well as the audio recorded by the girl.the text dont contain the name of my friend. will my friend be imprison? wat would be probable things n pede mangyri?

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8 Re: probation in adultery?? on Wed Jul 20, 2011 7:29 pm

attyLLL


moderator
please do not use text spelling.

the audio cannot be used, and she can be sued for violation of anti wire tapping act. same for the messages as violation of the right to privacy of communication.


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9 Re: probation in adultery?? on Wed Jul 20, 2011 7:51 pm

rchrd


moderator
cheetoz:

If you do not yet have enough pieces of evidence to prove that the probationer committed a crime again, you can visit the probation officer in-charge to express your concerns. Explain that you do not have enough evidence at the moment but at least you can inform the Officer that he/she has to do something to correct/reform his/her ward. The PO might even commit to advice the probationer on this matter and warn the latter on the possible revocation of the Probation program and the service of the sentence of imprisonment.

If you have enough evidence or a credible witness, you (through the prosecutor or the probation officer) can file a motion for the revocation of probation due to violation of a condition stated in the Order granting Probation. The determination of whether there was violation is summary so you do not have to prove under the usual strictness of a regular criminal case.

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10 Re: probation in adultery?? on Thu Jul 21, 2011 2:31 am

cheetoz15


Arresto Mayor
attydLLL - Well if the court would always like to see the factor of sexual intercourse in adultery then I pity all husbands who have philandering wives who have lovers but doesn’t get pregnant coz she’s on pills, the guy uses condom, the woman can’t have a child anymore; so how do u prove sexual intercourse when those situations apply??

rchd - very informative, thank you very much.

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11 Re: probation in adultery?? on Thu Jul 21, 2011 2:36 am

cheetoz15


Arresto Mayor
attyLLL - civil case for the guy is somehow useless coz that will have no criminal record for him & from what i know if he doesn't have money or properties under his name he still won't go to jail for it. so it would be a waste of money & time for the complainant.

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12 acussing adultery on Thu Jul 21, 2011 2:02 pm

pheia


Arresto Menor
thanks for the answer.
so it means po that the text messages and the audio recorded by the wife will not be a strong evidences if mag file ng case yung wife ng guy?
the wife used her cellphone in order to record the conversation of her and my friend
wala din naman po siya evidences na nagsex ang dalawa.
nangyari naman po na ngkarelationship yung friend ko and the guy is about nuong naghiwalay un guy at yung wife niya,pero nuong ngkabalikan na ang mag-asawa nawala na sa eksena ang friend ko.tpos po after 6 months saka lang nalaman ng wife na may naging gf ang husband nya at yun nga ang friend ko. at yung nga text at record ang evidences nya at sb nya pa may witness p daw siya prooving na magkarelasyon ang friend ko at yung guy. e hindi naman po sila nagsama.naging magboyfriend lang.at hanggang duon lang po.
pag nag file ba ng case ng adultery yun wife makakasuhan ba yung friend ko? at sabi pa nag wife e sinira daw ng friend ko ang pamilya nila,e naging sila lang naman ng friend ko nuong hiwalay sila.
may possible po ba makulong ang friend ko? or still may iba pa ba pwede ikaso sa friend ko aside sa adultery?
hope u reply soon.
thanks.godbless



Last edited by pheia on Thu Jul 21, 2011 2:21 pm; edited 1 time in total (Reason for editing : forgot to put some words)

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13 Re: probation in adultery?? on Thu Jul 21, 2011 7:56 pm

attyLLL


moderator
cheetoz, yes, it is very hard, but that's the standard if you're trying to convict someone of a crime. other good evidence is proof that they frequently stayed in the same room. there is one guy in the forum who put a secret cam in their house.

pheia, if your narration is correct, it should be concubinage, not adultery that can be filed, but if they did not live together, it should not prosper.


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14 accusing adultery on Thu Jul 21, 2011 8:43 pm

pheia


Arresto Menor
hi again.
yes they dont live together.they are just boyfriends.
and they dont have sex video as well.
is picture a relevant evidences,even if its a group picture? or if may picture sila magkasama silang dalawa lng example po sweet lang sila sa picture.or maybe kissing? strong evidence na din po ba un for adultery or concubinage?
thanks



Last edited by pheia on Thu Jul 21, 2011 9:36 pm; edited 1 time in total (Reason for editing : added some sentences)

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15 Re: probation in adultery?? on Thu Jul 21, 2011 11:42 pm

mharj


Arresto Menor
ask ko lng po ano pong dapat gain if the wife is a batterred wife for 8 years and then they separated not legally but the husband has a mistress,the wife has a sex video of the husband and mistress but it was stolen...and also the mistress knew only that the husband and wife are cousins because the husband that the the wife is only his cousin,they have two kids and the mistress don't belive it and no support at all for 1 year but the wife didn't know ehereabouts of her husband...what did the wife do?

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16 Re: probation in adultery?? on Fri Jul 22, 2011 5:45 pm

attyLLL


moderator
pheia, that doesn't sound like good evidence.

mharj, what does the wife want to happen?


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17 re: accusing adultery on Sat Jul 23, 2011 2:23 pm

pheia


Arresto Menor
thanks again for the reply
the wife really wants my friend to be on jail
she blottered my friend,insulted her on their own home and always texted her that she will not stop until she gets justice.
she also said she have witnesses that my friend always come to their house while she was away at work before.
do you think, what are the probable strong evidences she can use to put my friend in court? or in jail.
in case of my friend,will the judge will dismiss this kind of scenario?
thanks.godbless

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18 Re: probation in adultery?? on Sat Jul 23, 2011 7:41 pm

attyLLL


moderator
take a video of the wife when she's doing these things. have your friend change her number unless she enjoys receiving the text messages.


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19 re: accussing adultery on Sun Jul 24, 2011 2:37 am

pheia


Arresto Menor
my friend changed her number. yung luma niya number yun po ang naka indicate sa cellphone na hawak ng wife nun guy na sinasabing ebidensiya niya na totoong may relasyon ang guy at friend ko.
as you've said the other day that she cant use the text messages cause my friend can accuse the wife of violation of right of privacy of comm.if im correct,what if yun sinasabi nyang witness e idiin ang friend ko about it.what will happen? then the rumors said my friend and the guy do have sex scandals even if its not true.they dont have any sex video. my friends life was ruin because of the wife.her reputation was ruin because of this issue and because of the wife.

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20 dear Atty. on Sun Jul 24, 2011 6:40 am

kyusi


Arresto Menor
my wife's working abroad and there have an affair, now she's 5 mos. pregnant, can i file adultery case on them? tnx.

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21 Re: probation in adultery?? on Sun Jul 24, 2011 3:36 pm

cheetoz15


Arresto Mayor
attyLLL- Since u said its hard to prove adultery setting up a cam is also hard on my part coz they always meet outside & dont have d resources to hire a private investigator nor d resources to mount a full scale lawsuit as of today. Will sending a demand letter fr a lawyer make them feel threatened that i will sue them in court? & if i did send them & they did not reply what does that mean? can i use those letters as evidence in court?

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22 Re: probation in adultery?? on Sun Jul 24, 2011 9:53 pm

attyLLL


moderator
yes, i've sent demand letters like that before. results are mixed.


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23 re: accusing adultery on Mon Jul 25, 2011 2:05 pm

pheia


Arresto Menor
hi again.
my friend is asking what if the wife wants an annulment and she had a condition that she will not continue the demand for my friend,but she needs to witness for the annulment of the marriage of the guy and the wife.you think its the best way to do to witness? or she is just making the problem more complicated?
thanks

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24 Re: probation in adultery?? on Tue Jul 26, 2011 11:32 pm

mharj


Arresto Menor
mharj wrote:ask ko lng po ano pong dapat gain if the wife is a batterred wife for 8 years and then they separated not legally but the husband has a mistress,the wife has a sex video of the husband and mistress but it was stolen...and also the mistress knew only that the husband and wife are cousins because the husband that the the wife is only his cousin,they have two kids and the mistress don't belive it and no support at all for 1 year but the wife didn't know ehereabouts of her husband...what did the wife do?

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25 Re: probation in adultery?? on Tue Jul 26, 2011 11:39 pm

mharj


Arresto Menor
attyLLL wrote:pheia, that doesn't sound like good evidence.

mharj, what does the wife want to happen?


The wife wants to have justice on her part as well as on the part of their kids...she wants an annulment but she can't do it because she doesn't have money to file annulment....she wants the mistress and her husband to be in jail

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26 Re: probation in adultery?? Today at 4:13 am

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