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Holiday visit - implications?

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1 Holiday visit - implications? on Wed Sep 14, 2011 9:40 pm

connect4


Arresto Menor
Good day,

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.

Facts are
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?

Thanks po.

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2 Re: Holiday visit - implications? on Wed Sep 14, 2011 11:04 pm

attyLLL


moderator
what i would do first will be to inquire at the doj and bi whether they are on the derogatory list.

if the husband finds out, you cannot prevent him from filing a case, and requesting that you be placed in the watchlist for a maximum of 4 months, regardless of whether the case will prosper or not.

indeed, it is where the sexual act is committed which has criminal jurisdiction. if the husband could find a way, he can file a case against them in canada also.


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3 Re: Holiday visit - implications? on Thu Sep 15, 2011 7:26 pm

connect4


Arresto Menor
Thanks Atty,

Your time is appreciated. I think that no case can be filed in Canada because adultery is not a crime there. And Philippine law has no jurisdiction on acts committed outside it's land, unless it is piracy I think.

My point is that there can be no proof of a crime in Philippines, only proof of adultery in Canada where that is not a crime. Besides the man went with another girl and abandoned his wife, why does the law allow him to make a case in such circumstances?

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4 Re: Holiday visit - implications? on Fri Sep 16, 2011 1:28 am

attyLLL


moderator
because the law allows everyone the opportunity to be heard whether right or wrong. i'm not saying it is likely he will file a case, but he can. you would be allowed to answer his charges.


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5 Re: Holiday visit - implications? on Fri Sep 16, 2011 6:01 pm

connect4


Arresto Menor
But the law doesn't protect the woman here. She can face a charge of adultery and all the humiliation it brings. Her new bf can face a charge too, even though he is knowing that her marriage is effectively ended and has been in the country just 2 weeks.

Problem is, my friend was deserted. She made a new life for herself, as did her husband. She moved to a country to work, met a man there and had a relationship. No different to her estranged husband back home. They are married only in law, not in actual deeds since they are apart for 10 years. She is a victim more than the man in this case. She was the one deserted, she is the one that has to seek annulment and the costs to ab

My friend cannot file a case, because adultery is only against the wife. She can only charge concubinage which is even more difficult to prove, and nothing happened in their marital home. Seems the law is protecting him more than her. Just my opinion, and no disrespect to the laws.

My friend could only answer any charges in court?

Thanks a lot Atty, your advice is always good.

Salamat.

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6 Re: Holiday visit - implications? on Fri Sep 16, 2011 8:33 pm

attyLLL


moderator
her best protection will be to sneak in and out of the philippines unnoticed by the husband. it is unlikely that the husband will do anything, but the risk is always there.


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7 Re: Holiday visit - implications? on Fri Sep 16, 2011 10:56 pm

connect4


Arresto Menor
Thanks Atty and have a good weekend..

Final question (sorry). A charge of adultery is a civic charge, not criminal. Can HDOs be raised in civil case?

I enjoy reading this site, and I know you help lots of people here. I'm sure they all appreciate it too.

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8 Re: Holiday visit - implications? on Sat Sep 17, 2011 12:23 pm

attyLLL


moderator
in canada, as you said, yes. here, it is. so a 4 month watch list order is possible.


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