Petition For Legal Separation

Republic of the Philippines
REGIONAL TRIAL COURT

11th Judicial Region
Branch 6
Davao City
ELLEN MERRIAM G. CRUZ

Petitioner,
CIVIL CASE NO. ____
-versus- FOR: Legal Separation
JOHN LLOYD E. CRUZ

Respondent
X----------------------X
PETITION
COMES NOW petitioner, through the undersigned counsel and

to this Honorable Court, respectfully alleges:
1. Petitioner Ellen Merriam G. Cruz and respondent John

Lloyd E. Cruz met each other sometime in July 18, 2011. The
acquaintance led to courtship and romantic relations, culminating in
the exchange of marital vows in a church wedding on August 14,
2012. 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 Deca

Homes, Mintal, Davao City, Davao del Sur where they built their
family home;
3. The union produced three (3) children, namely: IVANA G.

CRUZ born on May 2, 2014, JAMES G. CRUZ born on August 14,
2015, and NADINE G. CRUZ born on December 11, 2017. 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 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 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 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 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 Fifty
Thousand Pesos (P50,000.00) and per appearance fee of Ten
Thousand Pesos (P10,000.00), and will incur litigation expenses in
the sum of Sixty Thousand Pesos (P60,000.00).
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 Ellen Merriam G.

Cruz and respondent John Lloyd E. Cruz;
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 One

Thousand Pesos (P100,000.00) 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.
Most respectfully submitted.
Davao City, Philippines, February 14, 2020.
SANTOALLA and Associates Law Offices

Counsel for the Petitioner
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Tel. Nos.: (082) 282-3662
ssantoalla@yahoo.com
By:
ATTY. STEPHANIE M. SANTOALLA

IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
COPY FURNISHED: (Personal Service)
JOHN LLOYD E. CRUZ

Lot 6, Phase 9-C, Block 12,
Deca Homes, Mintal, Davao City
ATTY. ERVEN JOHN P. CLAROS

Counsel for Defendant
Doors 7 & 8, Tropical Building,
J.P. Laurel Avenue, Lanang,
Davao City, Davao del Sur
VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )

DAVAO CITY )S.S.
I, ELLEN MERRIAM G. CRUZ, of legal age, Filipino citizen,

resident of Matina Aplaya, Davao City; after having been sworn to in
accordance with law, depose and say:
1. That I am the petitioner in the above-entitled case;
2. That I caused the preparation and filing of the foregoing

Petition.
3. That all the allegations therein are true and correct of my

own knowledge and based on authentic records;
4. That I hereby certify under oath that I have not heretofore

commenced any other action or proceeding involving the same
issues in the Supreme Court, Court of Appeals or any other
tribunal or agency, and that to the best of my knowledge, there
is no other action or proceeding, which is pending before this
Honorable Court, Court of Appeals, Supreme Court or any other
tribunal or agency involving the same parties and the same
issues, and that if I learn hereafter that there are other
proceedings pending before this Honorable Court, or any other
tribunal or agency, I hereby undertake to report that fact
within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature

this 14th day of February 2020, in Davao City, Philippines.
ELLEN MERRIAM G. CRUZ

Affiant
SUBSCRIBED AND SWORN to before me this February 14,
2020, in the Davao City, with affiant exhibiting to me her Driver’s
license no. L06573824 issued at Davao City on April 12 2019.
Doc. No.____;
Page No.____;
Book No.____;
Series of 2020.

Petition For Legal Separation

Uploaded by

Copyright:

Available Formats

Petition For Legal Separation

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Petition For Legal Separation

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

REGIONAL TRIAL COURT

ELLEN MERRIAM G. CRUZ

JOHN LLOYD E. CRUZ

COMES NOW petitioner, through the undersigned counsel and

1. Petitioner Ellen Merriam G. Cruz and respondent John

2. After their marriage, the couple decided to settle at Deca

3. The union produced three (3) children, namely: IVANA G.

4. Indeed, the couple’s marriage was off to a good start

5. Petitioner had hoped that such flame of happiness in their

6. Unfortunately, however, sometime in February 14, 2018,

7. In the latter part of March 2018, respondent left his

8. In the early part of January 2019, the situation turned

9. Petitioner can and will no longer tolerate respondent’s

11. In filing this petition, petitioner was constrained to

WHEREFORE, premises considered, it is respectfully prayed of

1. The Legal Separation between petitioner Ellen Merriam G.

2. The dissolution of their conjugal property relations and the

3. The designation of the petitioner as the administrator of the

4. The custody of their common children to be awarded to the

5. The forfeiture of respondent’s one-half share in the net

6. The disqualification of respondent from inheriting from the

8. The payment to petitioner's counsel of the sum of One

PETITIONER further prays for any other relief or reliefs as may

Most respectfully submitted.

Davao City, Philippines, February 14, 2020.

SANTOALLA and Associates Law Offices

ATTY. STEPHANIE M. SANTOALLA

COPY FURNISHED: (Personal Service)

JOHN LLOYD E. CRUZ

ATTY. ERVEN JOHN P. CLAROS

REPUBLIC OF THE PHILIPPINES )

I, ELLEN MERRIAM G. CRUZ, of legal age, Filipino citizen,

1. That I am the petitioner in the above-entitled case;

2. That I caused the preparation and filing of the foregoing

3. That all the allegations therein are true and correct of my

4. That I hereby certify under oath that I have not heretofore

IN WITNESS WHEREOF, I have hereunto affixed my signature

ELLEN MERRIAM G. CRUZ

You might also like