Republic of the Philippines

Regional Trial Court

Branch 44
Cebu City

Bogart Garcia, Petitioner Civil Case No. 4

For: Legal Separation

-versus-

Gracia Garcia, Respondent

x----------------------------------x

PETITION FOR LEGAL SEPARATION

COMES NOW, the plaintiff together with the undersigned counsel to this most Honorable Court,
MOST RESPECTFULLY STATES THAT;

1. The Petitioner is a Filipino, of legal age, married to the Respondent, and a resident of A. Lopez
St. Cebu City.
2. The Respondent is likewise a Filipino, of legal age, married to the Plaintiff, and a resident of A.
Lopez St. Cebu City.
3. The Petitioner and the Respondent were legally married in Sacred Heart Parish, Cebu City on
October 4, 2010.
4. That out of said marriage, 2 children were born to wit:
a. Showbe Mae, born on October 10, 2011
b. Shaira Mae, born on September 9, 2013
5. That during said marriage, the following real properties had been acquired:
a. A house & lot in Camella Homes Subdivison, Palo, Leyte
b. A house & lot in El Dorado Subdivision Banilad, Cebu City
c. A Toyota Innova with Plate No. ADN1234
6. Dante, a part-time vocalist in an acoustic band called PAPA JC, is a friend of the Petitioner whom
he met during one of the former’s gig in Superstar Sports Bar along Mango Avenue, Cebu City.
7. One night while the Petitioner was talking with Dante inside the Superstar Sports Bar, the
Respondent deliberately assaulted the Petitioner to which the latter was nearly killed.
8. Furthermore, the Petitioner believes that the Respondent has a romantic relationship with the
Manager of Superstar Sports Bar named Jerry. To prove this, there are photos of the
Respondent having intimate moments with Jerry and that the testimony of the staff working in
the bar that the latter owns would also prove that they really have a romantic relationship.
9. The Petitioner has never condoned the acts of the Respondent. Neither did the Petitioner made
an attempt to the life of the Respondent or engaged in an adulterous affair during their
marriage.
10. The Petitioner became cognizant of the above cause on December 25, 2017 or within one year
up to the filing of this petition and within five years from and after the date when such causes
occurred.
11. Steps have already been taken towards the reconciliation of the Petitioner and the Respondent
but such reconciliation is highly improbable.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgment be rendered in favor of the Petitioner:
a. That pending these legal separation proceedings, the respondent be deprived of her right to
manage the conjugal partnership and that adequate provision be made out of the conjugal
property for the care and support of the minor children above-named;
b. That after due hearing, a decree of legal separation be issued by this Honorable Court
ordering:
i. That the petitioner shall be entitled to live separately from the respondent, without
dissolution, however, of the marriage bond;
ii. That the conjugal partnership be dissolved and liquidated, depriving the respondent
of her share in the conjugal partnership profits and awarding the same to the
above-named children;
iii. That the custody of the minor children be awarded to the petitioner;
c. That such other reliefs or remedies be granted to the petitioner as may be just and
equitable in the premises.

Cebu City, Philippines, this 27th day of February 2018.

Atty. Rey Franz B. Cabidog

Counsel for the Petitioner
PTR No. 18909595: 1-04-07: C.C.
IBP No. 639095:1-04-07: C.C.
Roll No. 42481:5-10-99: Manila
MCLE Compliance No. VIII-009877, 01/23/2018
Rm 4 4/F Oftana Building
Brgy. Capitol Site, Cebu City
 VERIFICATION AND CERTIFICATION

I, MR. BOGART GARCIA, of Legal age, married, Filipino Citizen and a resident of A. Lopez St.
Cebu City, after being sworn according to law, hereby depose and state that;

1. I am a petitioner in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in my
possession;

4. I have not commenced any other action or proceeding involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in

the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this Honorable
Court.

Bogart Garcia

Petitioner
TIN 98765-09; Cebu City

IN WITNESS THEREOF, I, Mr. Rey Franz B. Cabidog, counsel of the plaintiff, have hereunto set
my hand this 27th of February 2018 at Cebu City.

Atty. Rey Franz B. Cabidog

Counsel for the Petitioner
PTR No. 18909595: 1-04-07: C.C.
IBP No. 639095:1-04-07: C.C.
Roll No. 42481:5-10-99: Manila
MCLE Compliance No. VIII-009877, 01/23/2018
Rm 4 4/F Oftana Building
Brgy. Capitol Site, Cebu City