REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 123
CEBUCITY

Kara C. Chan,
Petitioner
CIVIL CASE NO. 896582
-versus-

Chris T. Chan.
x------------------------------------x

PETITION FOR LEGAL SEPARATION

1. Petitioner Kara Cruz Chan and respondent Chris Tang Chan

met each other sometime in May 3, 2012. The acquaintance
led to courtship and romantic relations, culminating in the
exchange of marital vows in a church wedding on May 3, 2013.
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 Lahug,

Cebu City where they built their family home;

3. The union produced one child named Jack C. Chan born on

May 4, 2014.Copies of their Certificates of Live Birth is hereto
attached as ANNEX B, and made integral parts of this petition;
4. Indeed, the couple’s marriage was off to a good start
manifested through their displays of intimacy and giving trust
and respect to each other, hence, they could then easily
address minor issues in their relationship. The respondent
husband for one was responsible husband as he placed the
welfare of the petitioner and their child;

5. The petitioner had hoped that such flame of happiness in their

marriage would not die out. However, in the middle stages of
their marriage, respondent started showing thoughtlessness in
the performance of his marital obligations as he manifested
homo sexuality. In sum, respondent was transforming into an
irresponsible husband and father. Nonetheless, petitioner
tirelessly made efforts to save the weakening condition of their
marriage;

6. Miserably, however, sometime in May 2014, the situation got

worse when the respondent started to meet his African
boyfriend. More devastating, respondent spent a lot of money
in Thailand for sex change surgery to himself.

7. Later in October 2014, the respondent left his family home 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 African man. From then on, there is a
complete end of marital relations between petitioner and
respondent, both personal and property, as well as parental
 relations with their only child as the respondent no longer gave
them any support, may it be emotional or financial;

8. Petitioner can and will no longer accept respondent’s continued

neglect and indecency. The respondent’s irresponsible and
immoral acts of having a relationship with another man
amounting to failure in 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 forgoing considered, this petition for
Legal Separation on the ground of homosexuality;

9. The couple did not enter into any property relations and
petitioner has no known creditors;

10. In filing this petition, the petitioner was constrained to engage

the services of a counsel for an acceptance fee of Php
20,000.00 and per appearance fee of Php 5,000.00, and will
incur litigation expenses in the sum of Php 50,000.00.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

of this Honorable Court to decide in favor of the petitioner and
specially decreeing the following:
1. The Legal Separation between petitioner Kara C. Chan and
respondent Chris T. Chan;
 2. The dissolution of their absolute community of property and
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 child to be awarded to the petitioner;
5. The forfeiture of the respondent’s one-haft share in the net
conjugal assets in favor of the common child;
6. The disqualification of the respondent from inheriting from
the petitioner by instate succession as well as the
revocation of the provisions in the will of the petitioner (if
any) in favor of the respondent;
7. The guilty spouse (respondent) to provide support to the
innocent spouse (petitioner) and their child; and
8. The payment of the petitioner’s counsel of the sum of Php
75, 000.00 as attorney’s fee to be taken from respondent’s
share in the net asset or if none from petitioner’s therein.

PETITIONER further prays for any other relief or reliefs as

may be deemed just and equitable by the Honorable Court.

__________________, Cebu City, Cebu, Philippines.

LIBOG LAW FIRM

Counsels for the Petitioner

Unit 2, 2nd Floor Josefa Arcade

Josefa Arcade, Mango Park Hotel Compound

 Gen. Maxilom Ave.

6000 Cebu City

Tel. No. (032) 431-4811

By:

ATTY. ENRIQUE LEGASPI, IV

Roll of Attorney’s No. 100

PTR No. 149; 1/5/2015 Cebu City

IBP Lifetime No. 175; Cebu City

MCLE Compliance No. 188; 1/6/2014

ATTY. JON MAGNO

Roll of Attorney’s No. 200

PTR No. 213; 1/5/2015 Cebu City

IBP Lifetime No. 294; Cebu City

MCLE Compliance No. 205; 1/6/2014

ATTY. JOEFFREY D. GEONZON

Roll of Attorney’s No. 300

PTR No. 381; 1/5/2015 Cebu City

IBP Lifetime No. 309; Cebu City

MCLE Compliance No. 365; 1/6/2014

 ATTY. DANIEL NIERI

Roll of Attorney’s No. 400

PTR No. 423; 1/5/2015 Cebu City

IBP Lifetime No. 437; Cebu City

MCLE Compliance No. 439; 1/6/2014

ATTY. NIKKI ABAD

Roll of Attorney’s No. 500

PTR No. 545; 1/5/2015 Cebu City

IBP Lifetime No. 521; Cebu City

MCLE Compliance No. 578; 1/6/2014

ATTY. CHARI ABANIEL

Roll of Attorney’s No. 600

PTR No. 634; 1/5/2015 Cebu City

IBP Lifetime No. 623; Cebu City

MCLE Compliance No. 675; 1/6/2014

ATTY. KRIZA BATANDOLO

Roll of Attorney’s No. 700

PTR No. 742; 1/5/2015 Cebu City

IBP Lifetime No. 501; Cebu City

MCLE Compliance No. 789; 1/6/2014

 ATTY. EMS GOCOTANO

Roll of Attorney’s No. 800

PTR No. 780; 1/5/2015 Cebu City

IBP Lifetime No. 910; Cebu City

MCLE Compliance No. 88; 1/6/2014

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