Good day IBP Davao.
I am a 34-year old male and married to a loving wife. We have been married for three (3) wonderful years already and blessed with one child. Lately, I became busy attending to our family business but I always made sure that I come home after a long day. However, the past few days my wife comes home late too and just tells me that she met with her work friends. By the way, she is a housewife so she usually stays at home.
I did not make it a big deal but I am sensing that something is wrong since she’s usually at home with our child. I confronted her about it because she still comes home late. On her part, she said that she missed her old life and just had a coffee session with her so-called “previous work friends”. Feeling unconvinced, I asked her best friend a few days after. Her best friend told me that she’s not in the position to intervene. I begged her to tell me what was going on. There, she sent me via Facebook Messenger some of the photos and videos of my wife with an unknown man, lying in bed, being all cuddly and naked. What do I do? Please help!
Respectfully yours,
Husband
Dear Husband:
As defined under Article 333 of the Revised Penal Code, “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 is the marriage be subsequently declared void.”
For you to successfully lodge a criminal case for adultery against your wife, you must prove the following elements: (a) The woman you are suing is married to you; (b) Your wife had sexual intercourse with another man. For the paramour, it is vital that he knows that your wife is married to you at the time of their intercourse.
In adultery, proof of sexual intercourse is enough to file a case against the wife and her lover, as long as the latter has knowledge of your marriage with her. It must be remembered that each sexual intercourse constitutes a crime of adultery.
In view of the foregoing, you can file a criminal action for adultery as all the elements are present. You may use the photos and videos as pieces of evidence during trial as proof that sexual intercourse indeed transpired between your wife and the paramour.
