Group 2 : LEGAL SEPARATION

• Topics
 Preparation of Complaint
 Under what Rule do we file
this pleading?
 Grounds
 Who may and when to file
 Where to file
 Contents
 Effects of Decree of Legal
Separation • Reporters:
– Tiburcio
– Tomanglao
– Tansiangco
 Republic of the Philippines
Judicial National Capital Region
Regional Trial Court,

Complaint: LEGAL CATHERINE CASTILLO-CARINGAL,

Branch 113, Pasay City

SEPARATION Petitioner,

-versus- CIVIL CASE NO. R-PSY-19-00181-CV

FOR: Legal Separation under Article 55(6)
Parts. of the Family Code
EDDY L. CARINGAL,
 Caption Respondent.
Title of the action x----------------------------------------------x
COMPLAINT
Body
Personal circumstances COMES NOW the petitioner through counsel, unto this Honorable Court, most respectfully avers:

of the parties 1 . That petitioner is of legal age, Filipino, married but physically separated with her respondent husband,
Allege the complete and a resident of Room 307, P35-13 cor. 6th and 9th Streets, Barangay 183, Pasay City (residing at least six (6)
months prior to the commencement of this civil action); whereas the respondent is also of legal age,
facts and causes of Filipino, married but physically separated with his petitioner wife and a resident of No. 67 Bergen Street,
North Fairview, Quezon City, where both can be served with summons and other court processes;
action
Name and ages of common 2. Petitioner and Respondent met sometime in 2012 when the Respondent transferred residence and
child occupied the house opposite the Petitioners house and became neighbors. Immediately after, Respondent
got her phone number and started courting her. He was a very persistent suitor and after about three
Properties acquired , if there months of courtship, Petitioner gave him her “YES”. Like any young couple, the parties engaged in pre-
is, and the property regime of marital sex. In April 2015 Catherine found out that she was pregnant and consulted it to the Eddy, she had
the parties just finished her College degree and was afraid to let her parents know she has conceived. The Respondent,
went to their house and talked to her Mother admitting that he got her pregnant and if they allow, they
Relief prayed for would get married. She was taking a short-term course then in Reflexology, since that was in boom at that
time. That after finishing her studies they got married on 03 July 2015 at the Office of the Acting Municipal
Date Mayor of Calasiao, Pangasinan Hon. Ferdinand G. Galang who officiated their Civil rites as she was already
 Signature and address few months on the way. A copy of marriage certificate is attached as Annex A.

Certification/Verification of 3. By 27 September 2015, after a couple months of marriage, petitioner gave birth to their daughter,
non forum shopping Ereka and as their family is growing they decided to put up a business of their own, massage spa, using the
Petitioner’s savings and what her grandparents left and gave her when she came of age. The business went
well for the parties, thus after two months of living together as husband and wife the Respondent stop his
show of affection and their lovemaking
Complaint: LEGAL
SEPARATION have stopped. The Petitioner just thought then that maybe her husband is just tired. During the
parties’ cohabitation as husband and wife, the Respondent demonstrated his bad side; he did not
find work to support his wife, he was just relying on his wife’s support and that of his once in a
while assistance and maintenance in their spa business. He was always in a drinking spree with his
Parts. friends, and treated those drinking session as if it was his regular work because such activity
became a daily occurrence for the Respondent. After those drinking spree, he would return home
 Caption at dawn, and would physically abuse his wife for unknown reasons.

Title of the action 4. Furthermore, after living together for almost a year as lawfully wedded husband and wife, the
parties failed to have a regular sexual intercourse and when he got drunk he abuse her sexually
Body and sodomized her leaving her wrenching in pain that she had beg him to stop but it was no
use. That the Respondent seem to take his pleasure when he was using her in such a way that she
Personal circumstances just bore with the abuse. Often times the Petitioner would make the initiative for them to make
love. However, the Respondent constantly refused to the desire of the Petitioner saying that he
of the parties wants to do it with her when drunk because he enjoys it more. That every time she would ask the
Respondent to have sexual intercourse in the normal missionary style, her husband would
Allege the physically abuse her and do it to her at her Anal cavity that she always bleed at times due to his
rough handling. Because the Petitioner loves the Respondent so much, she held on to their
complete facts and relationship expecting that someday, her husband would finally have sexual intercourse with her
normally as what they used to do and revert back to his loving and caring ways. The Respondent’s
causes of action bad habits persisted during their cohabitation. He would often spend time with his barkada,
constantly having a drinking spree in the Parties’ apartment. The Respondent spent more time
Name and ages of with his barkada than with his family and never took care of their daughter nor gave her a mind in
changing and feeding her, as if she does not exist and that he was just a distant relative who is
common child dependent to his wife, his wife was providing all of his financial needs either voluntarily or by
Properties acquired , if force. He is much older than her but he acted as if he was the younger one between them.
there is, and the property
5. Subsequently, Catherine consulted her situation with her close friend, and her friend told her
regime of the parties that the Respondent is Homosexual but she simply ignored those conjectures, believing her
husband would not have married her if he were gay and they have a proof and that is their
Relief prayed for child. And that her husband had desired her before when they were sweethearts and just change
Date due to unforeseen explanation. All the Petitioners’ suspicions and doubts about the Respondents’
sexual preference and their lack of normal form of sexual intercourse were answered in an
 Signature and address unexpected accident. On New Year’s celebration, 31 December 2016 herein parties together with
their close friends decided to have a reunion in Cabatuan, Isabela at the House of one of their
friends. After a long drinking session, herein parties went to sleep in their designated
Certification/Verification room. Herein Petitioner unintentionally woke up in the middle of the night to go to the comfort
of non forum shopping room when she discovered her husband gone and was not beside her in bed. She decided to go
out the room and look for the Respondent and when she was on her way to the Den area, she was
shocked with what she saw, herein Petitioner saw her husband holding the Penis of their
“kumpare” while performing oral sex, the act itself seem as they were in pure bliss. The Petitioner
was so stunned with what she had encountered and discovered that the Petitioner screamed and
cried out loud “Putang-Ina nyo mga baboy kayo”!!
 6 . Respondent and his kumpare was shocked and rattled when they heard petitioner’s shout and
scream. They immediately stopped their oral sex and composed there selves, and Respondent
Complaint: LEGAL admitted to petitioner, in a shy and crying tone, that he was indeed a homosexual. That he,
respondent, discovered his homosexuality after he and his kumpare, was got drunk in one drinking
SEPARATION session, a year after their marriage, and they had sex due to drunkenness. Respondent admitted, that
his body is craving for the touch of his kumpare than of petitioners’ touch. That it is the reason why,
he, respondent, always had a drinking spree with their barkadas as a getaway to shield their
relationship. That respondent, love more his male partner ( kumpare) than that of petitioner and their
child.
Parts.
 Caption 7. Unable to accept what she is hearing, petitioner, fall on her foot and cried. And only says, the
words, “Sinara mo pamilya natin, sinira mo buhay ko,”. The other visitor/guest at their reunion was
Title of the action already at the den area and heard respondent’s revelation. And after that revealing incident, the
Respondent left, together with his kumpare. Respondent also left their dwelling without saying a
Body word, not even leaving a note for their daughter.

Personal 8. The parties are now separated in fact for almost two years. Petitioner now realized that there is
circumstances of the no chance that her family will be reunited. She learned from their common friends that respondent
parties and its kumpare are living together. They even made it public in their social accounts like Facebook.
Petitioner attached in these petition pictures of Respondent and his kumpare kissing, and holding
Allege the hands while walking, marked as Annexes “C-to-C-4.”

complete facts 9. The foregoing circumstances pristinely disclosed that respondent has completely failed to
and causes of fastidiously observe the essential marital obligation of a husband mandated under Article 68 of the
Family Code, which provides that:
action
"The husband and wife are obliged to live together, observe marital love, respect and
Name and ages of fidelity, and render mutual help and support.“
common child
Properties acquired , Herein petitioner is imprisoned by a marriage that exist only in name;
if there is, and the
property regime of the 10. The marriage between the petitioner and respondent fails squarely within the meaning of
Article 55, of the Family Code, which provides that:
parties
Relief prayed for Art. 55. A petition for legal separation may be filed on any of the following grounds:
Date
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
 Signature and address child, or a child of the petitioner;
Certification/Verificatio (2) Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;
n of non forum shopping (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned;
Complaint: LEGAL
SEPARATION (5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent; (emphasis supplied)
Parts. (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
 Caption (8) Sexual infidelity or perversion;
Title of the action (9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one
Body year.
Personal circumstances For purposes of this Article, the term "child" shall include a child by nature or by
adoption.
of the parties
11. That during the time of the parties co-habitation, the parties have acquired the following
Allege the properties, and was covered by the absolute community of property:
a. Apartment Unit at No 101 Brgy. Bansol, Calasiao, Pangasinan, covered by TCT No.
complete facts 02-08758-N;
and causes of b. One Toyota Vios (2016 model) registered under the name of the Respondent;
action c. Massage Spa Salon located at Calasio, Pangasinan, registered under the name of
petitioner as the sole proprietor;
Name and ages d. Jewelries, with valuation of one hundred thousand pesos (P1000, 000.00).
12. The parties have sired one child, Ereka C. Caringal, aged three (3), abirth certificate of the
of common child child is hereto attached as Annex B.
Properties PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
acquired , if there after due notice and hearing, judgment be rendered:
is, and the 1. DECLARING that the petitioner, CATHERINE CASTILLO-CARINGAL and respondent,
EDDY L. CARINGAL be legally separated under Section 55 (6) of the Family Code;
property regime 2.DECLARING that the petitioner, CATHERINE CASTILLO-CARINGAL is the sole
of the parties administrator of their absolute community property, pending the resolution of this case;
3.Awarding to petitioner, CATHERINE CASTILLO-CARINGAL the custody of their minor
Relief prayed for child, Ereka Caringal;
Date 4.That the absolute community of property, their property regime, shall be dissolved
and liquidated but the Respondent, ,as the offending spouse, shall have no right to any share in
 Signature and address the net profits earned by the absolute community;
Certification/Verification 5.That the respondent, EDDY L. CARINGAL, shall be disqualified from inheriting from
the petitioner by intestate succession.
of non forum shopping
 Petitioner prays for other reliefs and remedies, just and equitable under the premises.
Complaint: LEGAL San Juan City for Pasay City. February 12, 2018.
SEPARATION
TIBURCIO TOMANGLAO AND TANSIANGCO
Parts. Suites 2503-2504 Atlanta Centre
31 Annapolis St. Greenhills,
 Caption San Juan, Metro Manila
Title of the action Tels: 7253972 / 7258974 / 5841018
Body Email: tttp@yahoo.com.ph

Personal
SGD
circumstances of the
parties Atty. Dee Tiburcio
Roll of Attorney No. 010508
Allege the complete
facts and causes of MCLE Compliance No. 06248
action PTR No. 56987
Name and ages of IBP No. 23654 Quezon City Chapter
common child
Properties acquired , if SGD
there is, and the Atty. Merian Joy Tating-Tomanglao
property regime of the Roll of Attorney No. 010255
parties MCLE Compliance No. 05875
PTR No. 0217894
Relief prayed for
IBP No. 01298 Quezon City Chapter
Date SGD
 Signature and address Atty. Hannah Tansiangco
Certification/Verification Roll of Attorney No. 070855
of non forum shopping MCLE Compliance No. 0687
PTR No.1205789
IBP No.02165 San Juan Chapter
Complaint: LEGAL VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

SEPARATION THAT I, CATHERINE CASTILLO-CARINGAL, of legal age, Filipino, married and with residence
address at Room 307, P35-13 cor. 6th and 9th Streets, Barangay 183, Pasay City, after being
sworn to in accordance with law, do state and depose that;
Parts. 1. I am the petitioner in the above entitled case;
 Caption 2. I have caused the preparation and filing of this petition;
Title of the action 3. That the allegations contained therein are true and correct of my own personal
knowledge and based on authentic documents;
Body 4.I hereby certify that I have not commenced any action or proceeding in any court,
Personal circumstances of the tribunal or agency of the government involving the same issues raised in this petition, and
parties to the best of my knowledge, no such other action or claim is pending therein;
Allege the complete facts and 5.In the event I will come to know that an action or proceeding involving the same action is
filed or pending in any tribunal or agency of the government, I will undertake to inform this
causes of action
Honorable Office within five (5) days from such knowledge of its existence.
Name and ages of common
child SGD
Properties acquired , if there CATHERINE CASTILLO-CARINGAL
is, and the property regime of Affiant
the parties
Relief prayed for SUBSCRIBED AND SWORN TO before me this 15th day of February 2018 at Pasay city Hall,
Date Pasay City, Philippines, affiant exhibiting to me her Passport ID 02587-CVM-0689 issued by
the Department of Foreign Affair, Philippines, valid until April 2025,a s competent evidence
 Signature and address of her identity, and that she personally acknowledge to me that the foregoing petition is
Certification/Verification of her free and voluntary act and deed. Machine Copy of her Passport ID is hereto attached.
non forum shopping
SGD
ATTY. JAMES REID SISON
Notary Republic
Roll of Attorney.02148
PTR No.120578
IBP No.02125 San Juan Chapter
MCLE Compliance No. 029875
Doc. No. 1
Page No. 3
Book No. 2
Series of 2019