Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 34

CHING CHONG
Plaintiff,

Civil Case No. 1232156

- versus - For: Legal Separation

JING CHONG
Defendant.
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PETITION
Plaintiff, by the undersigned counsel, and unto this Honorable court,
respectfully avers that:

1. The Plaintiff is of legal age, Filipino and a resident of Nha Buhangin

Davao City. The Defendant is Filipino, of legal age residing at km6. Sasa
Davao Cityl

2. The Plaintiff and the Defendant, are wife and husband, respectively,
having been married in Manila on February 14, 1996;

3. The Plaintiff was pursuing a law degree when the Defendant proposed
that they get married. The Plaintiff hesitated at first as she wanted to
finish her law degree but the Defendant said that nothing will change
after the marriage, that she can continue her law degree and that he will
support her financially. Plaintiff’s parents did not approve of the
marriage but they got married anyway. Upon the Defendant’s request,
Plaintiff eventually agreed to drop out of law school to take care of their
children; During the marriage, three children were born namely: a.
Andrew Suarez Jr. (ANDREW JR.) born on January 5, 1997; b. Sophia
Suarez (SOPHIA) born on October 12, 2000; and c. Penelope Suarez
(PENELOPE) born on February 14, 2004;

4. During the marriage, the Defendant was able to establish his own
Computer technology firm named, Tech Solutions, Inc. which blossomed
 into one of the most innovative computer software providers in the
country;
5. Up to December 2013, the marital relations between the Plaintiff and the
defendant were happy and harmonious, until January 2014 when the
Defendant started to care less of the Plaintiff and their children. The
Plaintiff heard stories from family, friends and co-workers of the
defendant about the latter’s “extremely close” relationship with the
company’s new business partner, Frida Ramos (FRIDA). The Plaintiff
dismissed the stories as mere rumors;
6. of their Certificates of Live Birth are hereto attached as ANNEXES “B”,
“C” and “D”, respectively, and made integral parts of this petition;
7. Indeed, the couple’s marriage was off to a good start manifested through
their display of intimacy and giving of trust and respect to each other,
hence, they could then easily address minor issues in their relationship.
The respondent husband for one was truly a “family man” as he placed
the welfare of the respondent and their two children his priority over and
above anything and anybody else;

8. Petitioner had hoped that such flame of happiness in their marriage

would not fade. However, in the middle stages of their marriage,
respondent started showing thoughtlessness in the performance of his
marital obligations as he became immersed in a gambling habit
(frequenting casino) and seldom went home. In sum, respondent was
transforming into an irresponsible husband and father. Notwithstanding,
petitioner tried very had to relight the flame to possibly reverse the
deteriorating condition of their marriage;

9. Unfortunately, however, sometime in December 2018, the situation got

worse when respondent became addicted to gambling and suffered from
habitual alcoholism. Respondent’s refusal to quit his vices fueled quarrels
between him and petitioner and in the middle of those fights, the former
(respondent) would more often than not physically hurt the latter
(petitioner) and/or destroy whatever thing (usually appliances) he would
get hold of – an ugly scene that caused trauma to their children;

10.In the latter part of January 2018, respondent left his family and the
conjugal dwelling and has not returned ever since. Moreover, he has
become totally unmindful of his obligations to them as all his time and
 money were spent for his vices. From then on, there is a complete
cessation of marital relations between petitioner and respondent, both
personal and property, as well as parental relations with their children as
respondent no longer gave them any support, may it be emotional or
financial;
11. Petitioner can and will no longer tolerate respondent’s continued blatant
transgression of his marital vows because the confluence of his
(respondent’s) irresponsible and unwarranted acts and sexual infidelity
amounting to failure on his part to perform his duty to live with the
petitioner, duty to observe mutual love, respect and fidelity and duty to
render mutual help and support is just too much for her to handle. Hence,
the foregoing considered, this Petition for Legal Separation on the
following grounds: (a) Repeated physical violence or grossly abusive
conduct directed against the petitioner; (b) Habitual alcoholism of the
respondent; (c) Sexual infidelity or perversion of the respondent; and (d)
Abandonment of petitioner by respondent without justifiable cause for
more than one year;

12. The couple did not enter into any property relations and petitioner has no
known creditors;

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court to decide in favor of the petitioner and specifically decreeing the
following:

1. The Legal Separation between petitioner CHING CHONG and

respondent JING CHONG.
2. The dissolution of their conjugal property relations and the division of
the net conjugal assets;
3. The designation of the petitioner as the administrator of the absolute
community during the pendency of the action and eventual dissolution of
such property;
4. The custody of their common children to be awarded to the petitioner;
5. The forfeiture of respondent’s one-half share in the net conjugal assets in
favour of the common children;
 6. The disqualification of respondent from inheriting from the petitioner by
intestate succession as well as the revocation of the provisions in the will
of the petitioner (if any) in favour of the respondent;

7. The guilty spouse (respondent) to provide support to the innocent spouse

(petitioner) and their children; and

8. The payment to petitioner's counsel of the sum of P100,000 as attorney's

fees to be taken from the respondent's share in the net assets or if none
from the petitioner’s share therein.

PETITIONER further prays for any other relief or reliefs as may be

deemed just and equitable by the Honorable Court.

Davao City, February 12, 2020.

ADRIAN PAJARO
Counsel for Petitioner
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao City
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X

VERIFICATION AND CERTIFICATION

I, Ching Chong, of legal age, after having been duly sworn in accordance with
law, depose and state that:
1. I am a petitioner in the above-stated case representing the republic of the
Philippines;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis true and authentic
records.
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this 12 th day of

February 2019, at Davao City, Philippines.

                            
Ching Chong
Affiant
 SUBSCRIBED AND SWORN to before me in the City of Davao this 30th
day of April 2016, by Ching Chong, who has satisfactorily proven her identity to
me through his SSS ID issued by the PRC bearing his photograph and signature
and with VIN 1123-12323232-4, that he is the same person who personally signed
the foregoing document before me and acknowledged that he executed the same.

WITNESS MY HAND AND SEAL this 12th day of February 2020 in

Davao City, Philippines.

NOTARY PUBLIC
Doc. No. 65;
Page No. 13;
Book No. 01;
Series of 2020.