Republic of the Philippines

REGIONAL TRIAL COURT

11TH JUDICIAL REGION
Branch 12, Davao City
FAMILY COURT
LIEZL GARCIA TAN,
Petitioner.

CIVIL CASE NO: 78,900-2016

-versus-

FOR: LEGAL SEPARATION and

JUDICIAL SEPARATION OF
CONJUGAL PROPERTY

RICARDO TAN LOPEZ,

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

PETITION
COMES NOW, petitioner, assisted by the undersigned counsel unto this
Honorable Court, most respectfully states:
1. That the petitioner is of legal age Filipino married and a resident of Insular
Village, Lanang, Davao City; while respondent Ricardo Tan Lopez is
likewise of legal age, Filipino, married and a resident of Executive Homes
Lanang, Davao City where he may be served with summons and other
processes issued by this honorable court;
2. That both parties have the capacity to sue and be sued;
3. That the plaintiff and the defendant got married on September 25, 1982 at
St. Paul Church, Matina Davao City. A copy of their Certificate of
Marriage is hereto attached as Annex A to form an integral part hereof;
4. That they lived as husband and wife and out of their union, they begot
three(3) Children named and baptized as: 1.) Ryan G. Lopez who was
born on February16, 1984; 2.) Jericho G. Lopez who was born on April
22, 1987 and Emelglen L. Villanel who was born on December 7, 1988. A
copy of their certificate of birth of the children is hereto attached as Annex
B;
5. That the petitioner work as a Bank Teller in Metrobank, Abreeza Branch
Davao City; while the Respondent work as a Surgeon with clinic located
at Davao Doctors Hospital, Davao City;
6. That the Petitioner and the Respondent have properties during the
marriage namely: 1.) Two (2) hectares farm lot of rice fields located at
Buri, Matanao, Davao Del Sur; 2.) A farm lot with coconut bearing trees
located at Lapulabao, Hagonoy, Davao Del Sur; 3.) A 900 square meters
residential house and lot located in Insular Village Davao City; 4.) A 200
square meters beach house located at Bolinao Beach, Digos City; 5.) A
200 square meters commercial building and lot located at Nidea St.
Obrero, Davao City; 6.) a four (4) Cars (Chevrolet Trax 2016 model;
Toyota Innova 2012 model; Ford Ecosport 2016 model and Honda Civic
2012 model); 7.) a cash deposits in: 1.) Metrobank Victoria Plaza Branch
worth PHP 2million; 2.) BDO, Quirino branch worth PHP 1million; 3.)
BPI , C .M Recto branch worth PHP 10million;

7. That sometime on January 05, 2016, a heated altercation ensued between

the petitioner and the respondent in their conjugal home;
8. That on January 8, 2016, the respondent left the conjugal home without
any reason;
9. That the relationship went downwards all the way under they were
separated;
10. That sometime on September 8, 2016 petitioner was informed that her
husband Ricardo Tan Lopez has contracted another marriage to a certain
Gina Lulu who was his personal secretary in his clinic and they are living
now in Executive Homes, Lanang, Davao City;
11. That the petitioner went to the above of the respondent and confronted him
about the rumors of his infidelity. Upon confrontation, respondent
admitted having contracted a second marriage to Gina Lulu on September
6, 2016 under Muslim rites;
12. That the petitioner went to the National Statistics Office and secures a
copy of the marriage contract between her husband respondent to Gina
Lulu. A copy of the Second Marriage contract is hereto attached as
AnnexC;
13. Pursuant to the provisions of Article 55, paragraph 7 in relation to Article
135 paragraph 4 of the Family Code. A petition for Legal Separation and
Judicial Separation of property may be filed on any of the following
grounds: 7) contracting by the respondent of a subsequent bigamous
marriage whether in the Philippines or abroad; 4) that the spouse of the
petitioner has abandoned the latter or failed to comply with his or her
obligations to the family a provided for in Article 101 of the family code.
PRAYER
WHEREFORE, it is most respectfully prays of this Honorable Court that
after hearing, judgment be rendered ordering the following to wit:
1. A decree of legal separation shall be declared between the marriage of
Liezl Garcia Lopez and Ricardo Tan Lopez;
2. That the court shall designate the wife/petitioner to managed the conjugal
property;
3. Ordering the respondent to pay petitioner 300,000 pesos by way of Moral
Damages.
Such other reliefs as just and equitable under the premises are likewise
prayed for.
Davao City, Philippines, September 22, 2016.
LIEZL GARCIA TAN
Petitioner

Assisted by:

ATTY. GIAN CARLO Q. ESPINA

Counsel for the Petitioner
Room 321, Aurora Building.
Roxas Avenue, Davao City
ROLL NO. 765432, 5/5/18
IBP NO. 986753, Jan. 8, 2016, Davao City
PTR NO. 109876, Jan. 9, 2017, Davao City
MCLE Compliance No. IV-00987

VERIFICATION/CERTIFICATION
REPUBLIC OF THE PHILIPPINES)
IN THE CITY OF DAVAO
) S.S.
x-----------------------------------------x
I, LIEZL GARCIA TAN, of legal age, Filipino, married, resident of Insular
Village, Davao City, Philippines, after having been duly sworn to in accordance with law,
do hereby depose and say:
1. That I am the petitioner in the above-entitled petition;
2. That I caused the preparation and filing of the said Petition;
3. That I have read the allegations or contents thereof and the same are true and correct of
my own knowledge;
4. That I hereby certify, that, I have not commenced any other similar action or proceeding
the Supreme Court, Court of Appeals, or any forum, tribunal or agency involving the
same issues, and that to the best of my knowledge, no such action or proceeding is
pending in any such Courts, forum, tribunal or agency, and that should I learn of any such
action filed or pending in any such Courts, forum, tribunal or agency, I shall undertake
within five (5) days therefrom to inform this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ September,
2016, at Davao City, Philippines.

LIEZL GARCIA TAN

Affiant
SUBSCRIBED AND SWORN to before me this ____ day of September, 2016 at
Davao City, Philippines.

Doc. No.
;
Page No.
;
Book No.
;
Series of 2016

Republic of the Philippines

REGIONAL TRIAL COURT
11TH JUDICIAL REGION
Branch 12, Davao City
FAMILY COURT
LIEZL GARCIA TAN,
Petitioner.

CIVIL CASE NO: 78,900-2016

-versus-

FOR: LEGAL SEPARATION and

JUDICIAL SEPARATION OF
CONJUGAL PROPERTY

RICARDO TAN LOPEZ,

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

ANSWER WITH AFFIRMATIVE DEFENSE

COME NOW the respondent, through the undersigned counsel, unto this
Honorable Court Most respectfully aver THAT:
1. The respondent admits the allegations in paragraph 1 , 2, 3, 4, 5, and 6 of
the Petition;
2. The respondent specifically denies the allegations in paragraph 7, 8 and 9
for the matters of truth are as follows:
1.) That what really transpired in January 5, 2016 was that the
respondent caught his wife/petitioner in flagrante delicto of
having sexual intercourse with their driver;
2.) That the respondent out of his rage inflicts injury of their driver
and fired him immediately. And an argument ensued between
the respondent and the petitioner;
3.) That since compromise is impossible, the respondent choose to
leave in the conjugal home for good and live with his parents at
Agdao, Davao City;
BY WAY OF AFFIRMATIVE DEFENSE
3. The respondent admits the allegation in paragraph 10, 11, 12 with an
affirmative defense that:
1.) That sometime in August 20, 2016, the respondent converted
Islam;
2.) That under the Code of Muslim Personal Law, Muslim male
is allowed to marry more than one women, provided that he
can deal with them in equal companionship and just
treatment as enjoined by Islamic Law and only in
exceptional cases.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court THAT:
a) The instant case be dismissed on the ground of mutual guilt; and
b) Petitioner be ordered to pay the respondent the amount of thirty
thousand pesos (P30, 000) as litigation expenses.
Such other reliefs consistent with the law and equity are likewise prayed for.
Davao City, Philippines, 23 September 2016

Assisted by:

ATTY. ARSENIO E. CABALLERO Jr.

Roll of Attorneys No. 765347
IBP No. 987659/January 5, 2020/ Davao City
MCLE Compliance No. IV-009876

COPY FURNISHED:
ATTY. GIAN CARLO Q. ESPINA
Room 321, Aurora Building
Roxas Avenue, Davao City