Ong Eng Kiam v.

Ong - William’s denials are accorded less weight than

Petitioner-Defendant: Ong Eng Kiam a.k.a. the positive testimonies of Lucita and the other
William Ong witnesses.
Respondent-Plaintiff: Lucita Ong - William’s claim that Lucita has abandoned her
family, per FC Art. 56 Par. 4 is untenable.
FACTS: o Abandonment there refers to a case where it
- William and Lucita were a married couple who is done without justifiable cause for more than
has three children one year.
- Dec. 1995: A violent quarrel occurred which o Since it was established that Lucita left
forced Lucita to flee to her sister’s house. William due to his abusive conduct, such
o She was then brought back to her parents’ cannot be considered as abandonment as
house. contemplated in the said provision.
o She was also given treatment for her injuries
by the family doctor. HELD: Petition denied.
- Mar. 1996: Lucita filed a Complaint for Legal
Separation, under FC. Art. 55 Par. 1, alleging
that William had been physically violent and
directed threats, intimidation, and grossly
abusive conduct towards her.
o She claims that three years after they were
married, their quarreling became a daily
occurrence.
o During these quarrels, William would use
invectives against her and become violent.
- William denied the allegations of violence,
physical and verbal, as well as inflicting violence
upon their children.
- RTC: Legal Separation granted.
o William himself admitted to the frequency of
their quarrels, and the violence that attended
them.
o William appealed to the CA
- CA: RTC affirmed.
o The testimonies for Lucita were credible and
uncontroverted.
o Lucita’s testimony herself consistently
established the repeated infliction of physical
violence upon her by William, as well as the
constant verbal abuse he directed towards
her.
o Hence, this petition.

ISSUES + RATIO:
WON the legal separation was properly granted
(YES)
- Procedural: Questions of fact are not allowed
under Rule 45. Since William was not able to
raise any of the exceptions recognized, the
general rule applies.
- William himself admitted the frequency of their
quarrels.
- Numerous accounts of William’s violent were
given by Lucita and her sister.
o It was also emphasized that it was not the
first time for her to be injured from their fights.