Adultery,concubinage, gravethreat, slander and child's custody..

Good day to every one specially to those who could help me with those matter mentioned above, I'm Wendell, 37 yrs. old and my problem goes by this (this might be long so pls. bear w/ me..), I am married to my wife (..she's only 24 yrs, old..)for almost 5 yrs. from now (our anniversary is on sept. 26) and my wife left me last March 18, 2010 bringing w/ her our "baby boy" to her parents home & staying there until now, at first I thought masama lang loob niya sa mother ko tungkol sa bata kaya hindi na siya umuwi, yun pala nakikipag kita na pala siya sa isang Australian National na mayaman na dati na pala niya bf kahit na nagsasama pa kami & kapag nandito sa pinas yung foreigner eh nagkikita & nagasasama sila anytime nila gusto with the full knowledge & consent of her family dahil kaya ko nasabi yun eh napag alaman ko na kasama pa sila lahat minsan pag umaalis yung Australian & ng asawa ko ng wala akong ka alam alam, til the point that i missed my wife & kid & so I e-mailed my wife to return back to me to let us both talked about our differences, when she replied I was surprised to read her messages na galit na galit at ayaw na daw niyang makipag balikan sa akin to my surprised coz nagkita pa po kami last april 29, 2010 sa sm west were I studied at Informatics dala niya yung bata at maayus naman kami nag uusap at namamasyal kasama yung bata, so I did'nt know the truth on her sudden change of approach on me even thru e-mail & so I made different accounts on the internet showing the photos of our family (..me, her and our child..), para lang siya hulihin and lo and behold bigla sya nag e-mail sa akin ng masasakit na salita and panunuya gayung wala naman akong ipinost na pangit o offensive para sa kanya sa internet & she admitted to the e-mail messages that she really has an affair w/ the said foreigner & mentioning that they did had ellicit sex and that even shes threatening me that she's going to annulled our marriage contract,or she would be force to kill me or hire someone to kill me, I learned all of this kasi hindi rin pala mapakali yung Australiano dahil medyo duda pa daw siya sa asawa ko dahil ibaiba ang kwento sa kanya tungkol sa relasyon namin mag asawa ng asawa ko so ang ginawa ng foreigner ipinahanap kami ng family ko para maka usap, luckily nakontak nya yung sister ko thru cellfone converstion & nalaman niya lahat ng totoo kaya nagalit siya sa asawa ko & inamin natlagang matagal na daw po sila merong relasyon na pareho naming hindi alam ang pinag gagawa ng misis ko, he even told my sister na hindi ko daw pala talaga anak yung sinasabi ng asawa ko na anak namin dahil sabi ng austalian na inamin sa kanya ng asawa ko na hindi ko daw anak yung bata & he (the australian) even gave the real name of the real father of the kid who is going 2yrs old on oct. 18,2010, anu po ba ang dapat kong isampang reklamo o kaso laban sa asawa ko,nag print po ako ng e-mail conversations namin, pwede ko po bang gamiting evidence yun e-mail messages? sapat na po ba yung na mention kong cases & by the way bukod sa pag amin ng australiano, meron din po akong ibang pang hard evidence like receipts ng western union proving na ilang beses na pala talaga tumatanggap ng pera sa foreigner ang misis ko w/o me knowing it kahit magkasama pa kami sa iisang bubong, napangakuan din pala ng australiano yung asawa ko na dadalin daw niya sana misis ko sa australia this month dahil ang alam nga ng foreigner na sinabi sa kanya ng misis ko na 2 yrs. na daw kami hiwalay dahil 2 yrs, na daw po ako nakakulong which is not true dahil me evidence ako na march 18, 2010 siya umalis dito sa bahay para sa monthly check up ng bata pero hindi na siya bumalik dito, pwede ko din po bang kasuhan yung foreigner kahit na lumalabas na naloko din siya tulad ko, please help me kasi masakit po talaga sa dibdib yung mga ginawa ng asawa ko sa akin, thanks a lot po in advance and sana po mapa bilis ang reply po ninyo sa lahat ng gustong advice legally. And by the way po, we know the real name of the Australian and he is still with communication with my sister even though he's in Hawaii right now, thanks po again.

you can file a case of adultery against your wife and the foreigner. if you have admissions on the emails, that may get you through prelim investigation but not enough to convict.

after you file the complaint, you can request the DOJ to issue a watchlist order so your wife cannot leave the country.

do you love the child? will you treat him as your own even if it turns out that he is not yours? you can file a case for custody.

..thank you so much attyLLL for the advice and yes i love the kid even though i learned that he's not my bioligal son, infact i already had a hunch then but still loved him, marami salamat po..

..im so sorry but i don't mean to disturb you with your precious time attyLLL but i would like to know what are the strong evidence i should produce for my wife and her lover to be convicted of Adultery and with the admission of the foreigner, can i use it as a strong evidence to pin them down for Adultery? Thank you po again for your time & effort, God Bless You..

legally, the child is your son, even if biologically he may not turn out to be. and remember, you only have her statement to base this on. you don't know for a fact that it is true unless you do some form of biological testing such as blood typing or even better, DNA.

adultery is the act of a wife having sexual intercourse with someone. the aussie's admission, as to you, is hearsay, but it may still be considered as a statement against interest. you will have to dig deeper if you can get more evidence that they had sexual intercourse such as witnesses seeing them repeatedly together in a motel or resort.

in my experience, the filing of adultery charges can achieve the breaking up the illicit affair even if the prosecutor does not find enough evidence to file it in court.

..how about the electronic mail messages that me and my wife had at fecebook which I already have printed for legal purposes in the future attyLLL, will it be accepted in the court if filed as evidence? because my wife stated and admitted there that on feb. 14th this year she and the aussie are together in bed and that the photo of her wearing only a panty and bra are not for me but for the aussie, can I use the printed copy of e-mail messages as an evidence where in she admitted this all? salamat po sa inyong panahon, oras at pang unawa..

yes, that is good evidence. they will probably try to keep that from being presented because you invaded her privacy by looking in her fb account. your lawyer has to argue well to get it admitted.

..yes, thank you so much attyLLL, your the only one who's still keeping me alive with this case, i hope you would still bear with me, the truth is i already file a complaint this day at their baranggay hall at talanay, batasan hills, but sir/ma'am, they did show up but instead of being the one complained' they are the one who are cockeier to us instead of them being humbled because they are one who are under complained, never the less i told my family to just hold back and just be humble even though after hearing them talking that it's all about of the money rthat is why i am doig it and to think that they're the one who are staying on a slump area or squatter area in short and "parinig" and show me and my family sole some fingers sign and even calling us by the names or what so ever to us to be called in front of the barabggay hall, even though the "lupon" knows already that i, me and my family has the ground to pursue the case to stop my wife from keeping and doing adultery,it's like my wife's family is condoling with my is doinf, sila pa po ang "matapang", all of my family especially me only want's to have the custody of the kid even though he's not bioligal my son, because we know that the kid won't grow normally and with especial care sa kasama pamilya niyang mga mukang pera, i and my family missed the kid so much but my wife told my sister that thru text message that" wala na daw kami karapatan sa bata at bakit pa para hiramin pa o kunin pa ang bata", after what I have done na mag samapa ng reklamo sa baraggay about the baby? should I make that my wife and his aussie lover be jailed before I got the custody of the or what do you sir/ma'am think should i do to make sure a brighter tomorrow for the kid po?..

yright to petition the court to declare him to be not your child. in other words, he is legally your child.

however, a child below 8 will not be separated from the mother unless she is shown to be unfit. you will have to file a petition in court and prove with preponderance of evidence that the mother is unfit.

the bgy can only try to convince the parties to reach an amicable settlement.

if they gave you the finger, you can add slander by deed against those who did it.

if you want your son, I suggest you file a petition in court for custody.

thank you so much from the bottom of my heart attyLLL, thank you so much for your precious time and GOD bless..

good afternoon po im owie from manila..im married for 23 yrs. pero iniwan po kami ng husband ko at nakisama sa ibang babae at nagkakaanak po cya ngayon dun sa babae.gusto ko pong magfile ng kaso laban sa kanya kaya lang nakalabas na po siya ng bansa at nasa saudi napo siya ngayon..ano po dapat kong gawin sana po matulungan nyo ako...maraming salamat po...owie

owie, what is the end result that you are looking for? that he goes to jail? to come back to you? to provide support?

i want him a financial support for my 4 children...if ayaw nya magbigay..gusto ko po mag file ng criminal case against him..i want him to jail...please advice me...salamat po..

if he is not giving financial support, you can file a criminal case of economic violence under the Anti Violence Against Women and Children law. (VAWC). to add greater leverage, you can request a watchlist order to be issued so if he returns while the case is pending, he won't be able to go out.

if he is living in with his kabit while he is here, you can add a charge of concubinage.

even while he is in saudi, he may want to try to settle with you by entering into an agreement for support if he wants to avoid a case. if he has properties in his name here, you can try to administer the properties.

however, you cannot compel him to come back to give support or be arrested while he is in saudi.

Maraming salamat po attyLLL...sana wag kayong magsawang magbigay ng legal advice sa mga taong katulad ko...God Bless po!

good am atty. LLL, im wendell the one who inquired to you about my case of adultery, grave treath, slander and for child custody aginst my wife before, i hope you still remember me po? anyway, here is my case if may ask po, yesterday, we went to the Quezon City Hall to file the cases against my wife, but before doing so, i decided to went to the PAO office for some legal advice before filing the case, instead of some help that i expect from the office of the PAO, it turned out that the atty whom i had talked with seems to discouraging me to file the case on the fiscal's office because according to him and he said that from the interview that we had, it seems to him that i don't have enough evidence daw without him even looking on the papers that i would like to present to him like my sworn statements, evidences like (electronic date messages like printed e-mails coming from my wife with full of threat and admittance about her unlawfull relationship with the aussie and the text messages coming from aussie with also full of threat and admittance about this relationship with my wife) the western union receipts my wife received from the aussie even were still living together, the void application form my wife used to apply for passport stating she is single, the text messages and calls to my sister by the aussie before and the witness i am presenting plus the CFA coming from the brgy where i file the complaint before that my deemed them for the cases i am filing against them? hindi pa ho ba ganun kaaral ang mga lawyers natin dito about the "electronic data evidence" at medyo alanganin pa sila sa mga ganitong ibidensya? kasi ho what i feel yesterday upon talking to the lawyer eh medyo alanganin siya sa mga ganitong ibidensya po and he even suggested to us to have a private lawyer to handle this case which is willing naman po ako kung kailangan talaga pero what i am asking po is kung paano ko po mai pa file itong kasong ito kung wala hong abugado na hahawak ng kasong ito para maisamapa po? At kung meron po ba kayong kilalang lawyer na bihasa po sa mga ganitong kaso using electronic data evidence to push thru with this case po, pwede niyo po ba akong bigyan ng referal or mai refer to a lawyer you know who can handle this case with discreet, kasi po ayoko pong mauwi sa wala lahat ng ginawa ko para lang isampa at ilaban itong mga kasong ito laban sa asawa ko at sa ausiie kasi po baka ma dismis lang po ng wala man lang laban lahat itong pinaghirapan ko, ako na nga po na argabyado sa mga pangyayari pati ba naman po sa batas maargabyado pa ko eh karapatan ko naman po ito diba? sana po matulungan niyo ako & maraming salamat po sa oras niyo atty. LLL, i am hoping for your kind consideration,have a nice day po..

well pao lawyers are defense lawyers, the degree of evidence they look for is very high and rightfully so.

i partly agree with them that your evidence is not very strong, but it has merit. you have every right to file your case.

remember you are trying to convince the fiscal that, more likely than not, a crime has been committed and it was the respondents who committed it.

and you are doing it through written instruments. you have to be able to communicate properly. good luck.

gud am po. i am 29 years old married na po. i am living with my three kids and my husband. pero yong husband ko my kabit sya at my anak pa sila na isa sa kabit nya. kahit po nagsasama kami ng husband ko palagi silang my communication sa kabit nya. i told him na he stop doing it pero hindi nya magawa. gusto ko kasuhan ang kabit nya. ano kaya po ang pwede kong ma e-file na case against her?

nyla, if you will not include your husband, then a civil case for monetary damages for interfering in your family affairs.