By Edison Balagtas

TITLE: ONE ENG KIAM a.k.a. WILLIAM ONG, petitioner vs. LUCITA ONG,
respondent

DATE: October 2006 PONENTE: J. Austria-Martinez FACTS:

William Ong and Lucita Ong were married on July 13, 1975. Union was blessed with 3 children. On March 21, 1996, Lucita filed a complaint for legal separation under Art 55 (1) of FC on grounds of physical violence, threats, intimidation and grossly abusive conduct of petitioner. RTC granted prayer for legal separation. CA upheld RTCs decision when herein petitioner filed a Motion for Reconsideration (MR). The climax of the couples drama was on December 14, 1995 when the respondent asked petitioner to bring Kingston, their son, back from Bacolod which turned into a violent quarrel with the petitioner hitting the respondent on the head, left cheek, eye, stomach, arms, and ultimately pointing a gun at respondents head asking her to leave the conjugal house.

ISSUES:

Whether or not CA erred in upholding the RTCs decision granting legal separation to Lucita when she herself has given ground for legal separation when abandoned her family.

HELD: RATIO:

No.

It is true that a decree of legal separation should not be granted when both parties have given ground for legal separation (Art 56 (4) FC). However, the abandonment referred to in the Familu Code is abandonment without justifiable cause for more than one year. Also, it was established that Lucita left William due to his abusive conduct which does not constitute the abandonment contemplated in the said provision.

DISPOSITION:

Petition denied for lack of merit.