RESOLUTION:

Statement of the Case

Filed before this court is a complaint for adultery by Christopher Patrick Casserly
against his wife Mia Alhambra Rota and her alleged paramour Steven Edward Hubbard.
The two accused denied such allegations, and moved to dismiss as the complainant
failed to prove the elements of the crime, and that the court had not acquired jurisdiction
of the case.

Statement of Facts
Casserly, an Irish citizen currently residing in Barcelona, Spain, and Rota, a
Filipino citizen residing in Pasig City, Philippines, were married in Binan Laguna on 22
March 2010. A few months after their marriage, they moved to Spain with Rotas son
from a previous marriage. In 6 May 2013, their relationship bore a child, Summer.
In October 2013, as a ruse for money, Rota went to the Philippines with Summer
by reason of the supposed death of her father, for which Casserly gave her PhP
300,000. Casserly followed his family to the Philippines in December 2013. He left in
January 2014, with the agreement that they will move to Ireland and live there together.
From January to April of 2014 came great turmoil to their relationship, when at
times Rota would say that it is over between the two of them, and at other times she
would change her mind. In the last e-mail she sent to Casserly, she declared their
relationship to be over, and that she is currently seeing another man. In January 2015,
upon meeting each other, Casserly became aware that Rota is six months pregnant,
borne of an illicit affair with accused Steven Edward Hubbard.
Casserly filed a case for adultery before the Regional Trial Court of Sta. Rosa
City against the two accused. He presented as proof the birth certificate of the child of
the two accused, Joseph Edward Rota Hubbard, which Steven acknowledged as his.
He further contended that the simulation of the birth certificate of their child Summer to

make it appear that the child is Stevens, the subsequent Admission of Paternity by
Steven regarding the same, pictures of the two accused together in social media, and
their unexplained cohabitation constitute proof beyond reasonable doubt of the crime of
adultery. He attributed the delay in filing a complaint to the fear that Rota would hide
their child away from him, which she has done in the past. He also denied ever giving
consent to the adulterous acts of the accused.
Rota denied such allegations. She moved to dismiss the case, asserting that
Casserly failed to prove all the elements of the crime in his complaint, and that his bare
suspicion will not suffice as proof. She qualified her pregnancy of Joseph Hubbard by
mention of artificial insemination, and that the pictures on social media fail to establish
anything more than good relations between her and Hubbard. She alleged that
assuming arguendo that they committed adultery, Casserly does not have a right of
action under the doctrine of unclean hands, for he himself is committing concubinage
with a certain Pamela Sherlock; she adds that Casserly consented to the adulterous
acts of the accused by not filing a case immediately upon cognizance of such illicit
affair. She also maintains that the court has not acquired jurisdiction over the case as
the venue of the commission of the crime has not been proved in the complaint.