NARRATION OF FACTS LEGAL SEPARATION

Petitioner Elsa T. Bautista (Elsa) and Respondent Tony Reyes (Tony) met in 1983 in
University of San Carlos. A couple of years have passed, they maintained a
relationship and eventually got married after graduating in college in Banilad, Cebu
City on March 6, 1986.
They eventually had three (3) children, Angelo, Anna and Antoinette. Their lives
were wonderful and peaceful. They have their own house, car, business and have
also let their children finish their studies. Fortunately, there were no major issues
that got to shaken their marriage.
Elsa is an Elementary teacher in Zapatera Elementary School while Tony is a College
Professor in Cebu Normal University which accurately takes a five (5) minute ride
from one point to another. The married couple, as a routine, go to school and go
home together on a daily basis despite their busy and different schedules.
However, several months before their 25 th wedding anniversary, Tony suddenly
started acting strange - angry, distant and argumentative. He started leaving the
conjugal home for a couple of days and would not tell Elsa where he had been - no
text, no call, nothing - and then comes home as if it were perfectly normal.
Tonys family proclaims that they did not know where Tony was during those times.
Elsa, as a very patient and understanding wife, forgave and forget what Tony did.
In the morning of their 25 th Wedding Anniversary on March 6, 2011, before Tony left
for work he told Elsa that he had been thinking for a while that maybe they should
separate.
Elsa asked him why and Tony told her that he thinks Elsa is unhappy with their
marriage, and he also did not want to stay with her anymore, if all he do is make her
unhappy.
Elsa told him that she was not unhappy with anything, and asked Tony where was
that coming from. He said that it seemed to him as if Elsa had been unhappy for
some months now.
Elsa burst into tears wondering the reasons of the sudden letdown of their marriage.
On the next day, Tony said that he will be leaving at 4 oclock in the afternoon to
Marco Polo Plaza Cebu for a three-day seminar. Elsa found it strange for a seminar
to be starting at 4 oclock in the afternoon. Well, she knew that something was
wrong.
Elsa had a gut feeling that Tony was cheating on her. So, the next day, she called
him on his lunch break. She called for 20 minutes straight but got no response.
Finally, Tony picked his phone up, then he said to her to stop calling him before she
gets him into trouble by his boss. Elsa knew that Tony was lying. But then again, she
let it pass and waited for him to come back home.
Late in the evening, Tony finally went back home and went directly to sleep. While
he was sleeping, Elsa looked into Tonys phone and saw several inappropriate text

messages from one of his colleagues, something about being so tired after work
that day, and some sweet messages at the end. Elsa suddenly burst out in anger
which woke Tony up.
Angry and defensive, Tony denied the allegation that he was cheating. His face
turned red, while Elsa insisted her claim. While the heated argument began
between the two, Tony suddenly pulled out the gun under his bed and pointed it to
Elsa. The latter felt threatened and eventually fainted.
The next day, after the commotion, March 10, 2011, Elsa decided to leave their
conjugal home out of fear of what Tony had inflicted to her. She chose to live with
her eldest son, Angelo in Talisay, Cebu. For 25 years of their marriage, it was the
first time that Tony acted so violently which she did not want believe.
From then on, Tony started living with his new girlfriend in the house that is
conjugally owned by him and Elsa.
After 4 years of being separated, Elsa filed an action for legal separation on the
ground provided in Article 55, paragraph 9 of the Family Code.

ISSUES:
Whether or not the action for legal separation will prosper.
Whether or not the petitioner still has the right to administer and enjoy their
conjugal property.