REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL REGION | BRANCH \\\, MAKATI CITY JOAN CRISTY UY DEE Petitioner, | R-MKT-.21- 03561 y R MiG treaS No. cV For: Declaration of Legal -versus- Separation under Article 55 of the Family Code FREDERICK TIMOTHY YUI DEE, Respondent, “x PETITION FOR LEGAL SEPARATION Petitioner JOAN CRISTY UY DEE, through counsel, unto this Honorable Court, most respectfully states: NATURE OF THE PETITION 1. _ This is a Petition for Legal Separation under Article 55 (1), (2), (8), (8) and (9) of the Family Code. L PARTIES. 2. Petitioner JOAN CRISTY UY DEE (“Joan”) is of legal age, Filipino, and is currently in hiding for security purposes. Thus, she may be served with notices, orders, and other processes of the Honorable Court through the undersigned counsel at its address below. 3. Respondent FREDERICK TIMOTHY YUI DEE (“Derek”) is likewise of legal age, Filipino, and residing at Unit 8-C Urdaneta Page 1 of 8Apartments, Ayala Avenue, Makati City, where he may be served with notices, orders, and other processes of the Honorable Court, u. ALLEGATION IN SUPPORT OF THE CAUSE OF ACTION FOR DECLARATION OF LEGAL SEPARATION 4. Joanand Derek first laid eyes on each other back in early 2010. This led to courtship and romantic relations, culminating in the exchange of marital vows on 10 October 2010.1 5. Their union bore no children. 6. _ Given the similarity of their personal circumstances, it was as if fate meddled and wanted them to be acquainted. Like how romance movie flows, their acquaintance blossomed into an intimate relationship. Yet, months after the marriage, Joan gradually discovered Derek's dark character, traits, and personality — narcissist, controller, ill- tempered, abuser. 8. As months progress, Joan would constantly be at the receiving end of Derek's verbal assaults and maltreatments. He would always torment Joan with assaults often at random and worse, for no evident reason. He would verbally accuse Joan all sorts of things — having an affair with another, refer to her as “fucking bitch”, “ugly woman", “a gold digger”, “she’s not his family", “she’s a nobody and can easily be replaceable”, “useless in bed", “often wish her to die the next day”, “he will terrorize her as long as she is alive” 9. In addition to verbal assaults, Respondent even inflicts unimaginable physical violence towards Petitioner. Respondent would punch, slap, and kick her. 10. Notwithstanding these assaults, Petitioner, being a timid lady, will always stay quiet and submit to her husband's heinous wrath. She fears that she will be continuedly assaulted when she takes the courage to revolt and retaliate. 11. _ Largely, this marriage left her scarred — physically, mentally, and emotionally. +A copy of the Marriage Certificate is hereto attached as Annex “A”, and made an integral art hereof, Page 2of 812, The last straw that finally constrained Joan to file the instant case happened at midnight of 12 February 2021. This was when Derek tried to barged into Joan’s room and baselessly accusing her of having an affair because she was in the room, and she locked the door. 13. _ Unfortunately, he managed to unlocked it, and he dragged Joan out of the room 14. Unsatisfied with what he did, he further inflicted pain — kicked her, grabbed her nape, strangled her through the use of her cellphone strap, pinned her down —to her. While she managed to escape and locked herself in her room, Derek persistently tried to open but failed 15. During the commission of this horrible incident, condominium securities went up to their unit and attempted to check the commotion. Surprisingly, as Respondent was aware that barangay tanods and police officers were already at the lobby of the condominium, he falsely reported and demanded the immediate securities to leave as there were no commotions. This includes the authorities at the lobby. 16. Since the securities left, Joan anxiously had to wait for a window of opportunity to escape. Luckily, she was able to do so the following day while Derek was sleeping. 17. Immediately thereafter, Joan filed a police and barangay blotter with the Makati Police Headquarters for a Police Blotter? and Urdaneta Barangay Office for a Barangay Blotter’, respectively. 18. Petitioner even applied for a Barangay Protection Order to prevent Respondent from further inflicting physical and verbal assaults. 19, Subsequently thereafter, Joan went to the Philippine National Police to undergo a medical examination medico-legal officer wherein an initial medico-legal report certified that she sustained several physical injuries from her head, face, arms, back# 2 Acopy of the Police Blotter dated 12 February 2021 is hereto attached as Annex “I made an integral part hereof. 3A copy of the Barangay Blotter dated 12 February 2021 is hereto attached as Annex “C”, and made an integral part hereof. + Acopy of the Initial Medico-Legal Report is hereto attached as Annex “D”, and made an integral part hereof. Page 3 of 820. The Barangay Protection Order and the Medico-legal report No. 121-089 were issued on 15 February 2021 and 22 February 20216, respectively. 21. Now, due to the constant fear towards her safety and anxiety, petitioner temporarily resided with friends and relatives. 22. Aside from the assaults, Petitioner sufficiently believes that Respondent, during his frequent late night drives which take roughly around 1 to3 hours per trip, engages in physical/sexual services with sex workers. 23, Petitioner often requests to accompany him in these late night drives since Respondent is already of age; yet, Respondent would angrily oppose her idea and leave her at home. 24, Every time Respondent goes on his late night trips, he would return home around 3 or 4 in the morning. Despite which, Petitioner never tried to ask where he went under the fear that he will get violent. 25. Next, Respondent prohibits Petitioner from exercising her religion, To the extent, Petitioner had to hide all her religious items when Respondent is around. Worst, Petitioner had to secretly perform her religious rituals — bible readings, praying the rosary, group bible studies — because Respondent turns violent whenever he sees Petitioner practicing her religion. 26. Lastly, during his youth, Respondent was obsessed with the use of prohibited drugs —heroin, cocaine, marijuana — among others. His unwavering drug use led him to contract Hepatitis C” 27. Inanattempt to cure this addiction, his family tried to confine him into several rehabilitation centers; however, but to no avail as he always managed to escape these institutions. 28. While he claims to have recovered and abandoned his nasty addiction, Respondent still continues to smoke marijuana. Undaunted, he 5) _ Acopy of the Barangay Protection Order dated 15 February 2021 is attached herein as Annex ““E" and made an integral part hereof, % __Acopy of the Medico-Legal Report No, 121-089 dated 22 February 2021 is attached herein as ‘Annex °F” and made an integral part hereof. 7 __Amachine copy of Philippine Star online article dated 11 October 2016 is attached herein as ‘Annex “G" and made an integral part hereof. Page 4 of 8often smokes marijuana alone at home or with his other elite friends. Petition has witnessed these incidents, repeatedly and frequently. 29. Fornearly 11 years, Petitioner had to endure and succumb to these unpleasant atmosphere with Respondent. 30. Notwithstanding thereto, Petitioner never condoned these acts of Respondent. 31. In view of all of the foregoing, Petitioner has sufficiently proved the existence of several grounds to warrant a decree of legal separation, to wit: “Art. 55. A petition for legal separation may be filed on any of the following grounds: (1) Repeated_physical_violence_or_grossl abusive conducted against the petitioner, a common child, or a child of the petitioner; (2)Physical_violence_or_moral_pressure_to compel the petitioner to change religious or political affiliation; XXXX (5) Drug addiction or habitual alcoholism of the respondent; XXXX (8) Sexual infidelity or perversion; and (9) Attempt by the respondent against the life of the petitioner; XXXX 32. Finally, while Petitioner has no creditors nor financial obligations to any third parties, she is unaware if Respondent has creditors or financial obligation except to a financial institution where the latter obtained a loan with real estate mortgage. Being so, Petitioner has no control over his finances and/or business dealings; thus, this further justifies the separation of their properties in order to protect and shield Petitioner from liability incurred by Respondent to third person which have never benefitted herein Petitioner. Page 5 of 8PRAYER WHEREFORE, all of the foregoing premises considered, it is respectfully prayed of this Honorable Court, to render the following: 1. _ Pending the legal separation proceedings, the respondent be deprived of his right to manage all conjugal Properties and that adequate provision be made out of the conjugal property for the care and support of the Petitioner; 2, _ After due hearing, a decree of legal separation be issued by the Honorable Court ordering Petitioner shall be entitled to live separately from Respondent; however, without dissolution of the marriage bond; Other just and equitable reliefs are also prayed for. Pasig City for Makati City, 2 November 2021. CALLEJA LAW OFFICE Counsel for Petitioner Unit 2904-C, West Tower, PSE Centre, Exchange Road, Ortigas Center, Pasig City, 1605 Tel. Nos. 633.6113/635.2307 Email: callejalaw@callejalaw.com callejalaw@gmail.com HOWARD M. CALLEJA IBP No. 150510/01.12,2021 / Albay PTR No. 6539347/01.28.2020 /Pasig City Roll of Attorneys No. 39488 MCLE Exemption No. VI-002741 Date of Compliance: May 22, 2019 Page 6 of 8MARIA CONCEPCION CLAIRE JENNIFER J. AQUINO IBP No, 029329/01.24.2018 /Negros Occidental PTR No. 4032451/01.31.2018 /Pasig City Roll of Attorneys No. 50853 MCLE Exemption No. V-0026126 Date of Compliance: Dec. 1, 2017 Valid until April 14, 2019 IBP No. 150521 -01-2021 / RSM PTR No. 7237859/ 08-02-2021 / Pasig City Roll of Attorney’s No. 73710 rcu@eallejalaw.com MCLE Compliance (Exempted - New Bar Passer) FREDERICK TIMOTHY YUI DEE Unit 8-C Urdaneta Apartments Ayala Avenue, Makati City ‘THE OFFICE OF THE CITY PROSECUTOR THE OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo St, Legazpi Village, EXPLANATION (Pursuant to Section 11, Rule 13 of the 1997 Revised Rule of Civil Procedure) In compliance with Section 11, Rule 13 of the 1997 Revised Rules of Civil Procedure, counsel respectfully manifests that a copy of this petition was served upon the foregoing addressees by accredited express courier Page 7 of 8and/or electronic mail in lieu of personal service, due to temporary lack of manpower, distance, traffic and lack of material time. (Please disregard if personally served) RYAN IN C.UY Page 8 of 8