Notwithstanding, petitioner tried very had to relight the flame to possibly reverse the deteriorating condition of their marriage; 6. Unfortunately, however, sometime in February 14, 2018, the situation got worse when respondent became addicted to gambling and suffered from habitual alcoholism. Respondent’s refusal to quit his vices fuelled 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; 7. In the latter part of March 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; 8. In the early part of January 2019, the situation turned from worse to worst when petitioner discovered that respondent has been cohabiting and even sired a child with another woman. Because of the shocking turn of events, petitioner and her two children suffered from embarrassment and public ridicule in their community, thus forcing them to transfer abode to Matina Aplaya, Davao City; 9. 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
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- Summer '19
- Dean Kent Evangelista
- Appellate court, Davao City, Mindanao, Davao Region