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late filing of adultety

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1 late filing of adultety on Fri Aug 19, 2011 3:03 am

anne75


Arresto Menor
gud am atty.

is an adultery can still be filed even if it was committed a year ago?.A child is an indication.

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2 Re: late filing of adultety on Fri Aug 19, 2011 7:05 am

kweleng


Arresto Menor
good am attorney,is email and text messages confirming the relationship can be use as an evidence for adultery between my husband and his co associate mistress?

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3 Re: late filing of adultety on Fri Aug 19, 2011 5:42 pm

attyLLL


moderator
anne, yes.

kweleng, i don't think so because that will be a violation of the right to privacy. and adultery is for married women only. for men, they have to be living together and the crime is concubinage.


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4 Re: late filing of adultety on Sat Aug 20, 2011 5:16 pm

anne75


Arresto Menor
thank you attyLLL
follow up questions:

1. if the paramour is a international seafarer and the adultery case has been filed how can he be summoned
2. what are the possible consequences if any of late filing of the adultery case?
3. what is now the status of the child? what surename should he/she bear? or whatever you could advise, custody?
4. where to file the case, and how much the possible cost?

Please enlighten me. thanks



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5 Re: late filing of adultety on Sun Aug 21, 2011 5:22 pm

attyLLL


moderator
anne, where did sexual intercourse happen?


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6 Re: late filing of adultety on Mon Aug 22, 2011 10:44 am

anne75


Arresto Menor
here in the philippines, the man is a filipino,

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7 Re: late filing of adultety on Mon Aug 22, 2011 3:28 pm

jrhose22


Arresto Menor
hi atty. what if there's addmission from both of them that they're having relationship can it be a ground for me to file a case against them?

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8 Re: late filing of adultety on Wed Aug 24, 2011 12:48 am

attyLLL


moderator
anne, as to the paramour, just allege his last known filipino address. is he listed as the father on the birth certificate?

jr, while technically that is evidence, it's a very weak kind. try to develop better evidence


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9 Re: late filing of adultety on Wed Aug 24, 2011 10:52 am

anne75


Arresto Menor
Good am attLLL,

The child not yet born.to give you idea of all my questions, may I tell you what happen.

It started when my husband was on study leave for three years from 2010-2013. It so happen that we met with my ex-bf who is a seaman last june to july 2011 and as we communicate we come into a point of having doing things, u know it, and month after i notice hindi na po ako dinadatanan ng monthly menstruation ko. ang ex bf ko ay may asawa peru annul sila. Sa ngayon ang ex- bf ko ay nakasakay na sa barko by august.

While my husband is on study leave, he come to notice that i was not in regularly communicating him as before. He got worried so he went home right then i told here what happen, he got angry of course, but nandito na kasi, hindi naman ako sinaktan ng asawa ko, peru masakit na salita and then he cried of course.

We come into discussing na maghiwalay, coz i told him i am not deserving to him anymore. but seems my husband doesnt want it.he accepted my sorry even though masakit sa kalooban nya for the sake of our family, then we agree hindi muna maghiwalay para naman hindi sya masyadong madisturd sa pag aaral nya, at binigyan nya ako ng time na mag isip. sa ngayun nasa gitna ako, di muna ako titira sa marital house namin, pagkatapus ko maipalabas ito at babalik ako sa kanya tatangapin daw nya ako.

Kung sakali hindi na nya ako tanggapin sa panahun maipalabas ko itong dinadala ko mapipilitan ako na magpunta sa ex-bf ko.tama ba ako dito? anong case ma ifile nya?

Peru nakikita ko sa husband ko na mahal pa nya ako, at ang sabi nya gagawin daw nya lahat ng makakaya nya ma buo ulit pamilya namin at ang sabi pa nya na mag decide na ako ng maaga bago hindi pa darating sa worse ang lahat at maaring kakasuhan nya ako

May anak kami sa husband ko isa . sa ngayon ako at ang anak nami nasa mga magulang ko muna in the mean time at para protectahan ko sya sa pag aaral nya lalayo muna ako pag malaki na tyan ko para wala makakita at kung mayrun at maka text sa kanyalalong masisira concentration pag-aral nya.

Ito po yung situation ko ngayun atty.Sa isip ko mag file ng case ang husband ko pag hindi ako makabalik sa kanya after na mapalabas ko itong dinadala ko.

after a year babalik pa ex-bf ko.

Sana mapaliwanagan mo ako. salamat.















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10 Re: late filing of adultety on Fri Aug 26, 2011 2:02 pm

attyLLL


moderator
anne, what do you want to happen? unless he files an adultery case against you, this is not a legal problem.

I would also consider going the other way. rather than hiding yourself, i would recommend you keep communicating with him if you want to fix the relationship with your husband.


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11 Re: late filing of adultety on Sun Aug 28, 2011 1:05 pm

anne75


Arresto Menor
thanks attyLLL.

I am just get worried supposed he change his mind and do not accept me after this. May i know if adultery can still be charged while i am pregnant?, can i still be in jail even?, is there a policy that could protect me or perhaps lower the adultery case? is RA 9262 can help me?

Just for my own consumption.I just want to know how can my ex bf can be summoned?

thanks



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12 Re: late filing of adultety on Wed Aug 31, 2011 5:35 pm

attyLLL


moderator
no need to confirm this, but if you had sex with him after you told him what happened, you can use that as a defense.

it will be a long time from the filing of the complaint before you reach the point a warrant will be issued and bails is not so high. >10,000. penalty is even probationable.


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13 Re: late filing of adultety Today at 5:52 am

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