REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH __
________ CITY
___________________,
Petitioner
CIVIL CASE NO. ______
-versus___________________
Respondent.
x------------------------------------x

PETITION FOR LEGAL SEPARATION

1. Petitioner

____________________

_____________________met

each

and
other

respondent
sometime

in

_________________. The acquaintance led to courtship and

romantic relations, culminating in the exchange of marital
vows in a church wedding on _________________. A copy
of their marriage certificate is hereto attached as ANNEX
A and made an integral part of this petition;
2. After their marriage, the couple decided to settle at
___________________________________where they built
their family home;
3. The

union

produced

three

(3)

children,

namely:

_______________, born on _________________, JAMES

_________________, born on _________________, and
______________________,

born

on_______________.

Copies of their Certificates of Live Birth are hereto attached

as ANNEXES B, C and D, respectively, and made

integral parts of this petition;
4. Indeed, the couples 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;

5. 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;

6. Unfortunately, however, sometime in _______________, the

situation got worse when respondent became addicted to
gambling

and

suffered

from

habitual

alcoholism.

Respondents 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 ______________, 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 ________________, 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 ________________;

9. Petitioner can and will no longer tolerate respondents

continued blatant transgression of his marital vows because
the confluence of his (respondents) 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;

10.

The couple did not enter into any property relations and

petitioner has no known creditors;

11.

In filing this petition, petitioner was constrained to

engage the services of a counsel for an acceptance fee of

___________________

and

per

appearance

fee

of

_________, and will incur litigation expenses in the sum of

_________________.

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
and

petitioner
respondent

__________________;
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 respondents 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
P___________

as attorney's fees to be taken from the

respondent's share in the net assets or if none from the

petitioners share therein.

PETITIONER further prays for any other relief or reliefs as

may be deemed just and equitable by the Honorable Court.
_______________.
June ____, 2011.