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vawc and adultery...email/txt msgs as evidence

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cool_nehs815


Arresto Menor

Hi!

I am a mistress because my fb is not yet annulled. Our relationship happened here in Dubai. When my bf was still here in Dubai he admitted our relationship to his wife through chat in the ym but when my bf returned to the Philippines, he found out thru several txt msgs from his wife’s phone that she also has her paramours not just one but two and in her txt msgs she informed her lovers that the annulment case between her and her husband is already on-going. the wife is now threatening to use the chat conversation in the ym as evidence against my bf for VAWC thru psychological abuse if my bf would file a case against her on the ground of adultery.

My questions are:

a. Would VAWC prosper in the Philippines even if the infidelity happened outside the Philippine territory?
b. Are chat msgs and txt msgs be enough proofs of infidelity? E.g. txt msg of his wife to is lover: “don’t worry its safe because im taking pills and angPT na ako, negative naman, di ko kasi sya matanggihan” ==d wife has two lovers
The only confession made by my bf to his wife is: I love her and I cannot afford to lose her.

c. the wife will be coming here to Dubai to work, if an adultery case will be filed, can she be summoned to come back to the Philippines?

I hope you can help me with this.

attyLLL


moderator

yes, because the violence was experienced in the philippines

b) those are both circumstancial. they can be used as evidence, but those alone will not prove infidelity

c) a subpeona will be issued but she cannot be forced to come back. the case can continue at the preliminary investigation level.

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cool_nehs815


Arresto Menor

Thanks for the reply Atty!

If the wife will file a case against me using Art.26 will it prosper?

can i counter file on the ground of libel because the wife was posting disparaging and below the belt remarks on facebook last month using her account. what is the period of prescription in a case of libel?

attyLLL


moderator

it may but it will only be for damages. she has to prove her claims.

it depends on what those remarks are. prescription is one year from when it was posted.

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