Title
Supreme Court
Ong Eng Kiam vs. Ong
Case
G.R. No. 153206
Decision Date
Oct 23, 2006
Lucita filed for legal separation citing William's repeated physical violence and abusive conduct. Courts affirmed, ruling her departure justified and abuse proven.

Case Digest (G.R. No. 153206)
Expanded Legal Reasoning Model

Facts:

  • Marriage and Family Background
    • Ong Eng Kiam (also known as William Ong) and Lucita G. Ong were married on July 13, 1975 at the San Agustin Church, Manila.
    • They have three children—Kingston, Charleston, and Princeton—who are all of legal age.
  • Allegations of Abuse and Grounds for Legal Separation
    • On March 21, 1996, Lucita filed a Complaint for Legal Separation under Article 55(1) of the Family Code, alleging repeated physical violence and grossly abusive conduct by William against her and the children.
    • She recounted daily quarrels beginning three years into the marriage, characterized by:
      • Physical assaults—slaps, kicks, hair-pulling, banging her head against a wall, and throwing objects.
      • Verbal invectives (“putang ina mo,” “gago,” “tanga,” “you don’t know anything”), threats, intimidation, and pointing a gun.
      • Incidents on December 9 and December 14, 1995, resulting in multiple bruises and a medical consultation with Dr. Vicente Elinzano.
  • Procedural History
    • William denied all abuse, attributing Lucita’s departure on December 14, 1995 to her own choice and stayed at a condominium thereafter.
    • On January 5, 1998, the Regional Trial Court, Branch 41, Dagupan City, granted legal separation, finding persistent marital violence and grossly abusive conduct.
    • The Court of Appeals, in CA G.R. CV No. 59400, affirmed the RTC’s decision in toto on October 8, 2001 and denied William’s motion for reconsideration on April 26, 2002.
    • William then filed a petition for review with the Supreme Court, challenging (a) Lucita’s motives in seeking separation and (b) the sufficiency of evidence of abuse.

Issues:

  • Whether the Court of Appeals erred in disregarding evidence that Lucita sought legal separation to deprive William of control and ownership of their conjugal properties.
  • Whether the Court of Appeals erred in upholding findings of repeated physical violence and grossly abusive conduct despite alleged contrary evidence.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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