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March 2, 2015

Mr Leonardo P. Draman
Purok 1 Brgy Liwayway, Diffun, Quirino

Mr Draman:
Here is the opinion that you requested.
The facts I gather from you and your judicial affidavit before a
Notary Public Atty Manolo M. Beltejar are as follows:
On March 2013, you had executed a judicial affidavit before a
Notary Public Atty Manolo M. Beltejar stating among others your sad
experience with your wife wherein your wife abandons your family home and
allegedly cohabited with another man. That in consequence of this, you and
your two (2) children suffered emotional distress which your wife failed to
comply with her marital obligations as mandated by law.
As per in your judicial affidavit, you and your wife Wilgelmina
Draman contracted marriage on June 8, 1993. During your marriage, you
said that you let her to continue studying and after she graduated in college,
she pursued to work abroad despite your objections fearing that she will be
having a relationship again with her previous boyfriend when she work there
in Hongkong. On June 1997, she went again in Hongkong.
You also said that when she came back here in the Philippines
after two (2) years, she did not frequently live with you and your children
instead she used to go with her friends and came to know later that she has
another man whom she was living and since 2005 up to now, you have no
more communication with your wife.
In your affidavit particularly on page 24, you said that you and
your wife acquired real properties covering the Title OCT No. P1789
measuring 4,7527 square meters and Residential Lot covering Title NO. T22517 measuring 300 sq.meters.
On your judicial affidavit, it is stated that you want to partition
those real properties in favor of your two children the shares of your wife
because you said that reconciliation could never be attained.
From the facts given, you are thinking whether or not your wife
will be held liable for committing Adultery as provided for in the Revised
Penal Code, or those acts of your wife will be a ground for the annulment of
your marriage and that to the dissolution of your community properties as
you had praying for.
In my opinion, your wife’s abandonment for more than ten (10)
years with no communication is tantamount to her refusal to comply with her
marital obligations and her alleged cohabiting with a another man may also
be a ground for your filing another case of Adultery and if you will win the
case, you can now file for petition for the separation of your properties.

That the woman is married. On your statements that your wife and her alleged paramour were going to “biglang-liko” or in a beerhouse. at the time of the celebration. was psychologically incapacitated to comply with the essential marital obligations of marriage. (Art 134)-In the absence of an express declaration in the marriage settlements. 3. (Art 135 par 4). Form the above provisions of the Family Code. the separation of property between spouses during the marriage shall not take place except by judicial order. That she has sexual intercourse with a man not her husband. shall likewise be void even if such incapacity becomes manifest only after its solemnization. may be a ground for your application for Legal Separation as provided for under Art 55 par 10 . is manifestly an indication that she is not contented with you as your husband.My opinion is base on the Family Code of the Philippines and the Revised Penal Code as follows: Art 36. he must know her to be married. knowing her to be married. it is clear that you should file a verified petition with the court for the Annulment of your marriage due to psychological incapacity of your wife under Art 36 of the Family Code. That as regards the man with whom she has sexual intercourse. Such judicial separation of property may either be voluntary or sufficient cause. Carnal knowledge may be proved by circumstantial evidence. The following are the elements of Adultery: 1.A marriage contracted by any party who. The finding that the married woman have been living together in different places with her paramour and the fact that they were in scant apparel and sleeping together in one house is sufficient to show that they had the opportunity to satisfy their adulterous inclination. 2. Your wife may be suffering psychological incapacity because she is not capable of assuming the essential obligations of matrimony due to causes of a psychological nature. It is up to you to prove in court that these manifestations is clearly an indication of her sickness. 134 and 135 (4) of the Family Code of the Philippines provides: Art 36. Art 333 of the Revised Penal Code provides: Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her.Any of the following shall be considered sufficient cause for judicial separation of property: That the spouse of the petitioner has abandoned the latter or failed to comply with his/her obligations to the family. even if the marriage be subsequently declared void. On the side of her abandonment since 2005 up to present and that there was no communication between you and your wife.

that’s the time that you step another for the separation or partition of your properties. Honestly.reads: “A petition for legal separation may be filed on the ground of abandonment of petitioner by respondent without justifiable cause for more than one (1) year. you are the one to prove in court all your allegations thrown to your wife. Since all the provisions of law I had cited with you. Atty Leonardo De Sinco . you will have a great weight to win in the case. With my overview of all the provisions of the Family Code. however as I have said earlier. as I had read your judicial affidavit. Very Truly Yours. for legal separation if you may choose and the filing of a case against your wife for cohabiting with another man. Kindly inform me if there is a need to extend my service regarding the furtherance of this matter. A word of reservation: My opinion on this matters is cited on the provisions of law which all the contents of your judicial affidavit is based legally. it seems that you have a strong convincing evidence that is sufficient for the annulment of your marriage. you may now file a petition for the partition of your properties after judgment has been rendered in favor of you. you can choose to file for a criminal and/or civil case against your wife and if warrants. Consequently.