Dear Atty. Joji,

I am an overseas worker and I have a wife left at home. While away, I've received multiple messages from different people that my wife's been letting another man sleep several nights in our matrimonial house. They are also often seen going out and I was given pictures of them.

The last straw was when my mother visited the house, she heard my wife moaning and when she peeked through the window, she saw them having sex so I know for sure something was going on. Help me, attorney.

Edwin

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Dear Edwin,

Based on your story, it seems that your wife is having an adulterous relationship with another man. Adulterous relationships are considered criminal acts and are punishable by law. According to Article 333 of the Revised Penal Code of the Philippines:

"Adultery is committed by any married woman who shall have sexual 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 minimum and medium periods."

The actual sexual intercourse by a married woman with a man who knows her to be married consummates the crime of adultery. In proving the existence of an adulterous relationship, the Supreme Court points out that direct evidence is not always necessary since adultery may be implied from the circumstances of time, place, and occasion, to which:

"The nature of the crime of adultery is such that it will not be often when it can be established by direct evidence. Nevertheless, strong circumstantial and corroborative evidence such as will lead the guarded discretion of a reasonable and just man to the conclusion that the alleged act has been committed is sufficient to sustain a conviction for adultery" (The United States vs Feliciano, GR L-12724, 10 August 1917, Ponente: Associate Justice George Malcolm).

Since there was a witness of the sexual activity, you can definitely proceed to file a case of adultery.