Separation cases increase: courts

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Thursday, February 14, 2013


A BETRAYED husband whose wife and her other men displayed their illicit affairs on Facebook is seeking legal separation from his spouse.

The wife admitted her infidelity because “she is no longer happy with him and he cannot satisfy her sexual needs.”

In another case, a Cebuana also wants the court to nullify her marriage to a foreign national whom she also met via the same social networking site.

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The petitions either to nullify marriage, or asking for legal separation increased by 75 cases, from 339 petitions filed in 2011 to 414 cases last year.

Court statistician Maria Theresa Cotejar, in an interview, said 99 percent of the petitioners cited “psychological incapacity” as a ground in filing the petition, which has the corresponding filing fee of P4, 235.

While annulment cases rose, the number of couples who tied the knot through civil marriage rites slightly dropped to three pairs, from 819 couples who wed last year to 822 in 2011, according to another court statistician, Rose Marie Pe.

In the case of the betrayed husband, who sought legal separation from his wife, he asked for P30,00 as moral damages and P60,000 as lawyer’s fees. He discovered his wife”s infidelity through her iPad, where he saw his wife’s “intimate pictures” with several men.

But what really shocked him the most was seeing his wife and her foreigner paramour’s photos on Facebook.

Incapacity

In the case of the Cebuana, an engineer who seeks to nullify her marriage to her foreigner husband, she also met him on Facebook. The foreigner told her that he divorced his first wife with whom he had an eight-year-old daughter.

After less than a year of online communication, he asked the Filipina to marry him. He even asked the permission of her parents and that he would come to the Philippines.

In one instance, the guy’s sister revealed to her that her would-be husband was once admitted in a mental hospital when he was eight years old. He was discharged when he was 12 years old.

In December 2009, the guy went missing and later confided to her that he was jailed for beating up his first wife. Despite that, the Filipina pursued her marriage with the tourist in December 2009. The foreigner arrived in the country in January 2010 with his daughter.

But the foreigner later showed behavior indicating “psychological incapacity” when they lived together. They often argued and fought each other over petty issues. The guy would even beat his daughter.

Irresponsible

The husband is also irresponsible and would just leave his tasks unfinished. In 2010, the woman got pregnant and he continued with his rude behavior. When she was five months pregnant and while having a lunch at the mall, the tourist suddenly got mad at her for “staring at some guy in the vicinity.”

The husband also uttered harsh words at her in front of many people at the mall.

When they went home, he continued hitting her and even kicked her tummy. She tried to protect her baby inside her womb so she turned around, causing to hit her lower back several times. She was not able to walk the following day because of intense pain.

When the woman was eight months pregnant and while working, the guy got mad at her for not paying attention. He suddenly grabbed a bible and threw it at his wife.

The woman gave birth to a baby girl in 2011.

The husband reportedly did not show interest in finding a job to support his family.

She wants to declare her marriage null and void due to his psychological incapacity to fulfill his marital obligations.

A psychological analysis on the tourist states that he is anti-social and that, a psychologist suggests, might be the reason he failed to perform marriage
responsibilities.

Published in the Sun.Star Cebu newspaper on February 14, 2013.

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