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Should foreigners worry about the adultery law ?


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JamesMusslewhite

Either pay him off, which is what he wants, or move so papers can't be served and it will eventually just disappear.

 

One question, what is the way in that "papers are served" here in the phils then - do I need to sign as a proof that it was served to me or (like in germany) its served as soon the registered post was delivered into your mailbox by the postman.

 

 

 

I believe it involves lots of cops, handcuffs and jail cells for the most part. Their not going to be sending you a court subpoena, rather it will be a court-approved arrest warrant.. 

Edited by JamesMusslewhite
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I'm actually in a situation where I CAN easily jail my wife and her lover for adultery.  It feels weird to have that kind of power, but I won't do that.

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JamesMusslewhite

I'm actually in a situation where I CAN easily jail my wife and her lover for adultery.  It feels weird to have that kind of power, but I won't do that.

 

I believe unless you are 'permanent resident' status that you may find it far more difficult to file such an action as there are restrictions on non-citizens as to access to the Filipino court system. Now for a Filipino spouse to file such a case against a foreigner spouse it would be a rather easy task to accomplish.  

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USMC-Retired

Screw the law you should be more worried about vigilante justice if the Husband finds out and want to come after you. Two men on a scooter with a gun then there is nothing left.  

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Report the piece of shite as a drug pusher..he might go away then...

 

I like that suggestion.  The deadbeat fuker is no better than a drug pusher.  Maybe even worse because he fuks up the poor girl, gets her pregnant, bails out before or right after the delivery of the baby, and then wants to fuk up the girl's life even more when she settles in with a decent man.  In fact, I think scummy worm is worse than a drug pusher and should be put on the hit list.

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A guy here (Dutchman) locked up his wife and lover for adultery. Left them to stew in jail for a while then got here to sign papers signing more or less everything to the kids and released them. He had the kids when she deserted him. Same guy that was shot in his car seven times last June by hitmen.

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Skywalker

 

 

Same guy that was shot in his car seven times last June by hitmen.

 

I wonder if there was a connection.

 

It's not a question.

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SkyMan

Screw the law you should be more worried about vigilante justice if the Husband finds out and want to come after you. Two men on a scooter with a gun then there is nothing left.  

While that is a possibility in the case where she is cheating on her husband, I don't think it's likely in the case where he's taken off and probably not going to be jealous of whatever she does.  There's no money in blowing him away.  But if he gets the guy in court there could be quite a payoff.

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Comment/Quote from a Sunstar reader:

 

 

Richard Perez Estrella
A husband commits concubinage in several ways:

 

(1) by keeping a mistress in the conjugal dwelling,

 

(2) by having sexual intercourse under scandalous circumstances with a woman who is not his wife; or

 

(3) by cohabiting with his mistress in any other place.

What is the penalty for concubinage?

 

For the husband, the penalty of “prision correccional” in its minimum period is imprisonment from six months and one day. In its medium period, the penalty is from 2 years, 4 months and one day to 4 years and one day. Simply stated, the longest time that a husband will be imprisoned is 4 years and one day.

 

On the other hand, the penalty for the mistress is “destierro” (exile), not imprisonment.

 

Why is concubinage difficult to prove in court?

 

In order to charge her husband with concubinage, the wife has to prove that he has committed any or all of the three acts mentioned above.

 

With number (1) above, I think you will agree with me that only a few men would dare to bring or allow his mistress to live in the conjugal dwelling. Not unless, of course, if the wife allows it for whatever reason …

 

As to number (2) above, an adulterous affair by its nature is done in secret; a man and his paramour cannot be expected to have sexual intercourse under scandalous circumstances.

 

Now, number (3) above. If a wife seeks legal help in filing a case for concubinage, lawyers will ask her for evidence proving cohabitation. The evidences may be receipts for the apartment for example where the man and mistress are living, receipts for Meralco, PLDT, etc, affidavits of eyewitnesses that the man and mistress are really cohabiting, etc.

 

If the evidence merely proves that the husband is having an extra-marital affair, he cannot be charged with concubinage.

 

If the other woman gets pregnant and gives birth, can it be used as evidence for concubinage against the husband? No, the pregnancy is not necessarily proof of cohabitation. Why? Again, please take note of how concubinage is committed as I discussed under numbers (1) up to (3) above.

Edited by ckfm
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smokey

First hand experience follows.

Scumbag husband scarpers straight after wedding and before his kid born.

Not seen or heard of for a couple of years.

Foreigner (me) lives with his deserted wife and kid.

Ex shows up and goes to fiscal and raised hell and wants us served with adultery/concubinage charges.

 

My lawyer spelt it out for me.

"He knows he can't win but it costs him nothing to raise the charges'

"It costs you A LOT to fight it"

 

Answer from lawyer:: Either pay him off, which is what he wants, or move so papers can't be served and it will eventually just disappear.

 

KonC

didn't your lawyer have any cardboard

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