REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 55
QUEZON CITY

DAVID CHAO,
Petitioner
CIVIL CASE NO. 5651
-versus-

DANA WONG CHAO

Respondent.
x------------------------------------x

PETITION FOR LEGAL SEPARATION

1. Petitioner DAVID CHAO and respondent DANA WONG CHAO

met each other sometime in 2016. The acquaintance led to
courtship and romantic relations, culminating in the
exchange of marital vows in a church wedding on 2018 . 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 New

Manila where they built their family home;

3. The union has no children

4. 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;

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 2019, 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 2019, 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 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.

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 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 petitioner David Chao and

respondent Dana Wong Chao;

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
P30,000 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.

_______DAVID CHAO________.

2019.