ADULTERY CASE BACKGROUND

Kris and James got married on January 10, 2006. Year after their union, James
was hired by a hospital somewhere in Canada, thinking that it was a good opportunity for
him and for their family, James accepted the offer and flew immediately to Canada
leaving his wife Kris, also a nurse, to take care of their first born babe, Melissa at their
conjugal dwelling situated along 19th Avenue Murphy Cubao Quezon City.
Being a nurse, Kris needs to attend to her work at St. Lukes Hospital at E.
Rodriguez, Quezon City during day time, she leave Baby Melissa to the custody of
Sheila, their baby sitter.
During their first six months of their relationship, despite the distance between
them, the couple had a smooth communication. They keep in touch with each other using
the internet and their mobile phone to reach each other and nobody sleep without talking
and checking to each other.
Situation between the couple becomes different months after Kris transfer to the
Operating Room Section of the hospital. Her work is far different from her former duties,
she need to perform task different from the usual and her duty is very demanding. This
prompted her to skip their daily on- line chat and she also fails to attend to her mobile
phone most of the time.
Thereafter, James had sleepless night thinking what could possibly be Kris and
their Child condition in the Philippines. He even skipped work and meals just to stay on-
line more often day and night to way for his wife’s call. This continues for years. Three
months, after one year of no contact, James received a call from Kris one afternoon
informing him of her change in schedule and unit and the possibility of less
communication from then on. Thinking that James would understand knowing the fact
that they are both nurse by profession and that his husband will understand her situation,
Kris never find a way to ensure that there will be one common time for them to meet on
line. She just call him every time she is wishes.
Because of this, James became suspicious and thought that Kris is doing
“something” behind his back. This was triggered when one of their common friend
commented on his facebook chat saying “ Pare, bantayan mo si kumare, wag kang
lilingat.” After he received such comment, B use no time to contact A which cause him
his job. When he was terminated, he decided to go back to the Philippines without
informing his wife that she will return home.
When he got home in January 2008 or 1 year short of his original three- year
contract , Kris was not yet in their house and the maid told him that she was still at work.
So James waited for her to arrive though no sign of her was seen in the house even after 5
long hours of waiting.
He was almost asleep since it is already 11:00pm when he heard the sound of
their gate. Upon looking from their window, he saw a Black Chevrolet with plate number
TWU 338 which he later found out to be of her wife boss Dr. Luis. He never confronted
Kris about it because of the fact that he misses his wife so much and this was only the
first time he had seen her after 2 long years of waiting.
However, Kris upon seeing James acted clumsily and was very shock of his early
arrival. She reasoned out that she didn’t expect him to arrived that soon knowing that his
employment contract is expected to expire a year after his arrival.
The following morning, the same car fetch Kris, though Kris introduce the owner
of the car as his boss and him as her husband, James sense that Kris was uneasy and that
there was something unusual with the way she acted prompting him to believe on his
initial presumption that her wife is being unfaithful to him.
As the incident continuous be ask his friend detective to know the where about of
his wife and determine if his presumptions are true.
Thereafter, friend detective exert his utmost effort to trace the whereabouts of
Kris, he followed her from time to time secretly and see to it that he is there whenever
Kris will go out of their house and office.
It was already June 8, 2008 when private detective had the chance to execute his
plan when after her duty, detective caught her going alone straight to a Condo Unit
somewhere in Cubao Quezon City. Using his Spy Camera she saw her in the process of
opening the door of the said Condo Unit (No. 215). When Kris was already inside the
said Condo, private detective thereafter waited outside for nurse Kris to come out. He
waited 5 long hours before Kris got out and hurriedly loaded an already occupied taxi.
Curious who would be the passenger of the taxi, private detective followed them secretly
and saw them stopped at St. Luke parking lot where Luis , Kris boss black Honda Civic
was then parked. Luis goes out of the taxi and kissed Kris torridly on the lips which she
allows, the moments between the two was clearly captured by private detective spy
camera. Because it was the first instance, private detective did not immediately report to
James. He observed Kris and Luis for a week and from their acts, he was convinced that
there is really a relationship existing between the two. Their usual routine were, duty in
the morning from 6am to 3 pm then Kris will go straight to the Condo or it is Luis who
will go straight to the Condo followed by Kris and vice versa, they will stay there for 5
hours and will go back to St. Luke’s parking lot where they will bade goodbye to each
other and sometimes will drop Kris to their conjugal house on interval. He has their
photo’s alternately entering Room 215. One month has passed and he was able to
inquiring at the neighboring unit, he was able to confirm that the unit was owned by Dr.
Luis., the neighbor also confirmed that Dr. Luis is sharing the Condo with a woman
whom she think is his live-in partner. After hearing the info from the neighbor the private
detective device a plan in order to verify the information she generated from Dr. Luis’
neighbor. Thereafter he went back to the said condo unit to take photos that will
confirmed his friends wife disloyalty which happened 3 days after the discovery of the
information. He was waiting for Kris to go to the said Condo one afternoon when the
door of the opened, and a man whom he knew was Dr. Luis went out with only a towel
to cover his nakedness, he saw him smoking and he was about to leave his hiding place
when suddenly he heard somebody saying “ Honey what’s taking you so long? I thought
you will just finish your cigarette?” Upon looking back at the same location, she saw Kris
also in a towel and in the act of assisting Dr. Luis to enter into the Condo. Right after he
took his shots, the door closed again.
Satisfied with the documents and info he gathered detective reported all and gave
all the documents to his friend James. After James was informed of his wife’s alleged
disloyalty, he opt to remain silent and did not bother to confront his wife about her
alleged illicit affair Dr. Luis though the incident makes him very alcoholic.
Due to his unemployment plus his being alcoholic, his wife got very irritated of
him and worst, refused to perform her sexual obligations. Day after day, their situation
worsen forcing James to verbally abuse Kris. Thinking that their marriage is already
beyond repair and due to the fact that Kris continues to go home late at night, James
abandon Kris and then live temporarily with his parent.

James now filed a complaint for adultery against her wife.