My friend is in Canada. She went to work there as a nurse, and met a guy there. She has lived and worked there for 5 years or more. Before, she was married to a Filipino man (she is also Filipino) but he left her in 2001 for another woman. He left her and moved to another town to live with his new woman. They were frustrated because they couldn't bear children, but he didn't have any children with the new woman.
In 2006 she left to work as a nurse in Canada. She then met a Canadian doctor in 2008, and they are now together (not married) and have twin children aged 2. She wants to go back home, but is worried that her estranged husband will file a case against them, with the evidence of the children being born as a case of adultery.
The fact is, she hasn't been back home since 2006, and she had a new passport in 2010 because her's was lost. Also, the Canadian doctor has not been to The Philippines in his lifetime and he has a Canadian passport since 2006. His old one expired in 2003. None of his passports have a stamp saying he was in The Phils. They have Facebook accounts showing the pictures of them on holidays in different parts of Canada and America, and pictures of their baby girls.
They are keeping their holiday a secret, even from family, to prevent the husband knowing. They will visit for just 2 weeks, but lately she is getting worried that there will be a problem if they arrive. She tried to contact NBI and there is no help there.
She doesn't want to jeopardise her husband, or his career. If they go there, is a chance they will be held up by immigration? Or they will be detained? If a case is filed, is it certain to go to court? I am sure it's a long process, and they will lose their jobs in Canada. I mentioned this site to her, but she didn't want to post here but said it's ok for me to ask here.
1) They have committed adultery but in Canada, and only because the husband already left her for another girl she decided to move on with her life. She will live only once, and has a right to love like her estranged husband.
2) No crime can have been committed in Philippines as boyfriend has never visited and has no Philippines stamp in two passports.
3) A two year old child exists from their relationship. Child has a Canadian passport and Canadian birth certificate signed by both parents. Child conceived outside Philippines, and in Canada.
4) Child registered at NSO Philippines via Embassy in Canada.
5) When they arrive on Philippine soil, they will not have committed any crime in Philippines. They are aware of the adultery law in Philippines and will abstain from any intimacy during their stay there.
With that in mind, do the authorities have any possible reason to detain/arrest them? Is it a case of them proving their innocence rather than the authorities proving their guilt? Even if they are added to the NBI watchlist, will they still face deportation, or detainment --even if no crime has been caused in Philippine Law?