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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » Adultery case of mine

Adultery case of mine

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attyLLL
Joan-deguzman
6 posters

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1Adultery case of mine Empty Adultery case of mine Sun Aug 12, 2012 12:16 am

Joan-deguzman


Arresto Menor

Hi attorney!

I commited adultery and now im pregnant and i dont know who the father of my child is. Nahuli ako ng asawa ko at ng pamilya niya inamin ko naman ang lahat pinasulat nila ako sa papel ng confessions at pinapirmahan sakin yun habang ginagawa ko ang sulat ay sinasaktan nila ako nangyari ito sa ibanh bansa. Ano ho ba ang dapat kong gawin. Idedemanda daw po ako n asawa ko the evidences he has is our text messages which is just all about love and records of my lover entering our house. Ano ho ba ang dapat kong gawin

2Adultery case of mine Empty Re: Adultery case of mine Sun Aug 12, 2012 3:27 pm

Joan-deguzman


Arresto Menor

Kung magfile po ng kaso ang asawa ko, may warrant of arrest po ba agad yun or subpoena lang to appear on trial? He didnt caught me in the act po talaga nahuli niya lang ako through my cellphone but hindi naman sexual messages ang usapan namin

3Adultery case of mine Empty Re: Adultery case of mine Sun Aug 12, 2012 5:41 pm

attyLLL


moderator

if you had sex with another guy outside of philippine territory, then a case of adultery will not prosper here.

in adultery, 'in the act' should refer to literally the act of sexual intercourse.

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4Adultery case of mine Empty Re: Adultery case of mine Sun Aug 12, 2012 8:08 pm

haunt


Arresto Menor

Atty.., eh kung pregnant na sya as she said above at positive dna test sa kabit..need pa ba literal na act of intercourse na positive naman nag intercourse kasi nabuntis...result of intercourse na d ba??Smile what u think?? thanks

5Adultery case of mine Empty Re: Adultery case of mine Sun Aug 12, 2012 8:26 pm

concepab

concepab
Reclusion Perpetua

haunt wrote:Atty.., eh kung pregnant na sya as she said above at positive dna test sa kabit..need pa ba literal na act of intercourse na positive naman nag intercourse kasi nabuntis...result of intercourse na d ba??Smile what u think?? thanks

that is another page of the story... they have to wait until that time. for now, without evidence of the "in the act" sexual intercourse adultery is hard to prove. unless they have another proof that will point to the adulterous act.

6Adultery case of mine Empty Re: Adultery case of mine Mon Aug 13, 2012 11:54 pm

attyLLL


moderator

the question mark here for me is where the sex occurred. if the conception date coincides with a time that she was outside the country, she cannot be prosecuted here in the ph

https://www.facebook.com/BPOEmployeeAdvocate/

7Adultery case of mine Empty Re: Adultery case of mine Tue Aug 14, 2012 2:20 pm

prescinu


Arresto Menor

Dear Atty LLL,

Just clarification on the above topic.

So if a married woman in Phil. got pregnant or had sex outside the country with another man, but she delivered the child in Phil.

Is the woman cannot be charge or liable in Philippine law? And in that case what will happen to the Birth Cert of the child? Is it possible to name the father as none since the husband is not the real father..???

8Adultery case of mine Empty Re: Adultery case of mine Thu Aug 16, 2012 10:31 pm

attyLLL


moderator

the law will require that the husband be declared as the father in the birth certificate. he can file a case to question the legitimacy of the child.

if the sex occurred outside ph, then she cannot be prosecuted here.

https://www.facebook.com/BPOEmployeeAdvocate/

9Adultery case of mine Empty Re: Adultery case of mine Fri Aug 17, 2012 12:52 am

Father555


Arresto Menor

Additional question -

I have another child living with me, not my wife's. Anak sa labas. Hiwalay na ako from both women (not legally from my first wife though, kasal pa rin kami). Could she accuse me of adultery using my bastard son as a proof?

10Adultery case of mine Empty Re: Adultery case of mine Mon Aug 20, 2012 10:58 pm

attyLLL


moderator

father, adultery is reserved only for married women. the child can be evidence of ra 9262 or concubinage, but if he were the only evidence, i doubt the cases would prosper

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11Adultery case of mine Empty Re: Adultery case of mine Thu Aug 23, 2012 11:33 pm

Joan-deguzman


Arresto Menor

How could that happened eg di ba obvious na na may anak sya sa labas bakit di magpoprosper ang kaso?

12Adultery case of mine Empty Re: Adultery case of mine Sat Aug 25, 2012 12:59 pm

attyLLL


moderator

the mere act of a married man having a child with another woman, by itself, is not a crime.

https://www.facebook.com/BPOEmployeeAdvocate/

13Adultery case of mine Empty Re: Adultery case of mine Sat Aug 25, 2012 1:42 pm

Joan-deguzman


Arresto Menor

How about a married woman having a child with another man?

14Adultery case of mine Empty Re: Adultery case of mine Sat Aug 25, 2012 2:04 pm

attyLLL


moderator

the child is presumed to be the child of the husband, and he has 1-3 years to dispute it, after which he is barred.

if the child can be prove to be that of another man, then the woman and the lover can be convicted of adultery.

https://www.facebook.com/BPOEmployeeAdvocate/

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