Adultery as a ground for Legal Separation

[lexmon]

hi! i really need someone's help. first, let's say i want to file an adultery case, what are the grounds & what should be my proof? let's say i only have pictures of my wife with the other man together looking like as they have a relationship & our chat (me & my wife) containing her confession of having an affair & sixual contact with the man. is that sufficient enough? then let's say i want a legal separation, can i use my adultery case as a ground?

thanks guys. please help.

[karlkutu]

hi! i really need someone's help. first, let's say i want to file an adultery case, what are the grounds & what should be my proof? let's say i only have pictures of my wife with the other man together looking like as they have a relationship & our chat (me & my wife) containing her confession of having an affair & sixual contact with the man. is that sufficient enough? then let's say i want a legal separation, can i use my adultery case as a ground?

thanks guys. please help.

Revised Penal Code Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sixual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.
Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void (RPC, Article 333). Each sixual intercourse constitutes a crime of adultery.

New Family Code Article 55
A petition for legal separation may be filed on any of the following grounds:

Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
Drug addiction or habitual alcoholism of the respondent;
Lesbianism or homosixuality of the respondent;
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
sixual infidelity or perversion;
Attempt by the respondent against the life of the petitioner; or
Abandonment of petitioner by respondent without justifiable cause for more than one year.

Given those two laws above sir, on the proof you have, I think its not sufficient for conviction. The pictures must represent an act of sixual intercourse or carnal knowledge and the confession can be rebutted if does not comply with the laws of evidence. Sir, confession in adultery cases can be used as an evidence however in legal separation that is prohibited and can be a ground for denial of your request for legal separation.

Youre question whether it can be a ground for filing a case of legal separation. Yes, under Art 55, Number 8  on sixual infidelity.
My advised is file first legal separation case then adultery after and not simultanenous. Civil cases are easier to prove than criminal cases.

Other strategy is that file a annulment of marriage and used the sixual infidelity to fall in the category of psychological incapacity. Heheheheh pero di po ito sigurado. kailangan ng matinding diskarte.

[lexmon]

thank you sir for the reply. so i have to file first legal separation with the ground of adultery even without filing a case for adultery? how is that sir? thank po.

[karlkutu]

thank you sir for the reply. so i have to file first legal separation with the ground of adultery even without filing a case for adultery? how is that sir? thank po.

legal separation is a civil case...and adultery is a criminal. in the rules of court pwede sabay yan na ifile. pero nag suggest ako na unahin yung legal separation at yung evidence na sinabi mo kanina yun ang gamitin for for the ground na sixual infedelity. ngayon bakit yun ang uunahin kasi ang civil case preponderance of evidence ang standard ng conviction at ang criminal is proof beyond reasonable doubt. ibig sabihin mas mahirap patunayan ang criminal kaysa civil. so kung dpa maliwanag ang ebidensya pwede mo file yung civil muna. its a matter of strategy sir, pwede sabay pero magkasunod pwede baliktad.
after pwede mo kasuhan ng adultery kahit legally separated na kayo, or kahit ongoing yung legal separation you can still file adultery case. sa punto ko i greatly consider the evidence na sinabi mo kanina.

[lexmon]

salamat po again sir. anong chance po kaya na maapprove yung legal separation case ko base po sa mga evidence ko at gano po kaya katagal ang case? same question din po sa adultery case ko.

[karlkutu]

salamat po again sir. anong chance po kaya na maapprove yung legal separation case ko base po sa mga evidence ko at gano po kaya katagal ang case? same question din po sa adultery case ko.

legal separation hmmmm chance? alam mo ang may control ay yung  fiscal or osg. sila yung third party sa ganyang kaso pag makulit si fiscal malamang mahihirapan ka...matagal, meron pa yung point na tinatawag na "cooling off period". minsan isang buwan pero descreation ng judge minsan ito yung period para pag batiin kayo ng korte. time period? i can say 10months minimum. pag may anak kayo or property pa na paghahatian dadagdag pa yan.

sa adultery po ang tyansa ay depende sa bigat ng evidence. kung ganu katagal? not more than 180 trial days po ang mga criminal cases.

[karlkutu]

sir, suggestion lang po. kung may makita po tayong ground for annulment mas maganda yun ang file natin. kasi kung hindi na po nyo talaga maayos pagsasama nyo mas ok if free kayong mag hanap ng ibang partner after the annulment.

[lexmon]

sir pano kung ako lang ang may gusto ng legal separation? sir ano po tingin nyo sa mga evidences ko, mabigat po ba o magaan lang? pano po ung pera na savings ko, paghahatian din un? thanks po

[lexmon]

sir, suggestion lang po. kung may makita po tayong ground for annulment mas maganda yun ang file natin. kasi kung hindi na po nyo talaga maayos pagsasama nyo mas ok if free kayong mag hanap ng ibang partner after the annulment.

sir lets say pano po kung ako lang ang may gusto ng hiwalayan, pwede pa din po bang maging grounds for annulment un. mukang wala po kasi ako pwedeng maging grounds for annulment except dun lang po sa mga evidences ko.

[karlkutu]

sir, ganito po kasi mas madali kung gusto po nyong dalawa. kasi pwede nyo syang sabihan na wag nalang mag papakita sa korte. wag rin syang sasagot sa mga paanyaya ng korte.
mabigat narin pero mas ok kung madagdagan, halimbawa tingin ka sa fb nya kung may pic pa sila. or kung pwede makuhanan mo sila ng pic habang papasok sa den nila.

kung conjugal property po yan tiyak na paghahatiian nyo.

[karlkutu]

sir lets say pano po kung ako lang ang may gusto ng hiwalayan, pwede pa din po bang maging grounds for annulment un. mukang wala po kasi ako pwedeng maging grounds for annulment except dun lang po sa mga evidences ko.

sir, kausapin nyo. papilihin mo sya kung ayaw nya ng legal separation, file mo yung adultery damay pati kalaguyo nyo. takutin mo sir, kung ayaw mo ng hiwalay ipakukulong ko kayong dalawa. hahahahah

[lexmon]

sir, kausapin nyo. papilihin mo sya kung ayaw nya ng legal separation, file mo yung adultery damay pati kalaguyo nyo. takutin mo sir, kung ayaw mo ng hiwalay ipakukulong ko kayong dalawa. hahahahah

pwede din un sir pero parang gusto ko i-file pareho. pwede po bang maging grounds for annulment ung evidences ko? kung pwede po sir, pwede pa din ako magfile ng annulment case at hiwalay na adultery case?

[karlkutu]

sir, mas mahirap po pag annulment ang file nyo maliban na lang kung magagawan po ng parran yung grounds. mag kaiba po kasi grounds nila. sabi ko nga po kanina kung magagawan po natin ng paraan na yung sixual infedelity ay papasok sa psychological incapacity cguro pwede pa. 
pwede po sabay sir wala po problema.

[karlkutu]

Grounds for Annulment of Marriage in the Philippines
POSTED BY DAVE ON SUNDAY, MARCH 1ST, 2009
Art. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.
The grounds for annulment of marriage are:
1.   Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.
2.   Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.
3.   Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.
4.   That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.
5.   One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.
6.   Either party was at the time of marriage afflicted with a sixually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.
SEPARATION: being separated from your spouse with or without communication is not grounds for annulment. It does not matter how many years you are separated. There is no law that annuls or voids a marriage automatically. Only a judge in a court of law can annul, void or nullify a marriage.
INFIDELITY: is not grounds for annulment.

kaya nga po sabi ko kung pwede ipasok natin na psychological incapacity ang infedelity

[lexmon]

sir ano po ung psychological incapacity at pano po natin ipapasok un sa infidelity?