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    Ong vs. Lucita, GR. No. 153206 October 23, 2006

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    Jerome Reyes
    1) William Ong and Lucita Ong were married in 1975 and had three children together. 2) In 1996, Lucita filed for legal separation, alleging physical violence, threats, and intimidation by William. The trial court granted the legal separation. 3) William argued that the legal separation should be denied because Lucita abandoned the family home. However, the Supreme Court ruled that Lucita left due to William's abusive conduct, which is a justifiable cause, so it did not constitute abandonment. Therefore, the legal separation was granted.

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    Ong vs. Lucita, GR. No. 153206 October 23, 2006

    Uploaded by

    Jerome Reyes
    116 views2 pages
    1) William Ong and Lucita Ong were married in 1975 and had three children together. 2) In 1996, Lucita filed for legal separation, alleging physical violence, threats, and intimidation by William. The trial court granted the legal separation. 3) William argued that the legal separation should be denied because Lucita abandoned the family home. However, the Supreme Court ruled that Lucita left due to William's abusive conduct, which is a justifiable cause, so it did not constitute abandonment. Therefore, the legal separation was granted.

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    Ong vs. Lucita, GR. No. 153206; October 23, 2006

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    1) William Ong and Lucita Ong were married in 1975 and had three children together. 2) In 1996, Lucita filed for legal separation, alleging physical violence, threats, and intimidation by William. The trial court granted the legal separation. 3) William argued that the legal separation should be denied because Lucita abandoned the family home. However, the Supreme Court ruled that Lucita left due to William's abusive conduct, which is a justifiable cause, so it did not constitute abandonment. Therefore, the legal separation was granted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    116 views2 pages

    Ong vs. Lucita, GR. No. 153206 October 23, 2006

    Uploaded by

    Jerome Reyes
    1) William Ong and Lucita Ong were married in 1975 and had three children together. 2) In 1996, Lucita filed for legal separation, alleging physical violence, threats, and intimidation by William. The trial court granted the legal separation. 3) William argued that the legal separation should be denied because Lucita abandoned the family home. However, the Supreme Court ruled that Lucita left due to William's abusive conduct, which is a justifiable cause, so it did not constitute abandonment. Therefore, the legal separation was granted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Doctrine: Marriage, Legal Separation

    Case Title: Ong Eng Kiam a.k.a. William Ong vs. Lucita
    GR. No. 153206; October 23, 2006

    Ponente: J. AUSTRIA-MARTINEZ

    Facts:

    William ong, which real name is Ong Eng Kiam, and Lucita Ong were married on July 13, 1975 at the
    San Agustin church in Manila.

    They have three children, namely: Kingston, Charleston, and Princeton, who are all of the age of
    majority. On march 21, 1996, Lucita filed a complaint for legal separation under Article 55 par (1) of the
    Family Code before the Regional Trial Court (RTC) of Dagupan City Branch 41 alleging that Liam
    exhibited abusive conduct towards her such as physical violence, threat, and intimidation.

    The RTC rendered its Decision allowing the said legal separation, the CA affirmed in toto the RTC
    Decision.

    William argued that he never inflicted physical harm on her and that the real motive of Lucita is to
    deprive him of his control and ownership over his conjugal properties with Lucita and that since Lucita
    abandoned the family home, she has also given a ground for legal separation and therefore should not
    be granted pursuant to Article 54 par (4) of the Family Code.

    Issues:

    Whether or not the petition for legal separation should be denied because of the abandonment done by
    the respondent?

    Ruling:

    No, following Article 56, par (4) of the Family Code provides that legal separation shall be denied when
    both parties have given ground for legal separation.

    Moreover, the abandonment referred by the Family Code is abandonment without justifiable cause for
    more than one year, hence, it was established that Lucita left William due to his abusive conduct, and
    as such does not constitute abandonment contemplated by the given provision.

    His claim that the real motive of Lucita in filing the case if for her family to take control of the conjugal
    properties is absurd. She can derive no personal gain from pushing for the financial interest of her
    family at the expense of her marriage of 20 yeaers and the companionship of her husband and
    children.

    The argument of William is without merit. Hence, the legal separation should be granted.

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