Supreme Court Decision
Rudy and Sara are married. Rudy is gay and never hid this fact from Sara and the public. Sara knew that Rudy was gay at the time of their marriage. During the marriage, Rudy had sexual relations with Zandro, another gay man. Sara later learned of this. Sara told Rudy that she was filing an action for legal separation against him.  Objecting to this, Rudy accused Sara of only wanting to file that case to be able to get all their community property and to leave him with nothing. Rudy argues that Sara will not win the case since she knew very well that he was gay, and he never concealed this. Sara, annoyed at what Rudy said, slapped his face hard with a copy of the Family Code, and told him that the law was by her side. Will Sara’s action for legal separation prosper? In answering, also discuss the merits of Rudy’s arguments.
Yes, Sara’s action will prosper.

Under 1987 of the Family Code of the Philippines, a petition for legal separation may be filed on lesbianism or homosexuality of the respondent and sexual infidelity or perversion.  And under the Anti-Violence Against Women and Their Children Act of 2004 (“VAWC”), psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

Constitutes Community Property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. The termination of the subsequent marriage referred to in the preceding article shall produce the absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse

In this case, Sara knew that Rudy was gay at the time of their marriage and she can file grounds of sexual infidelity or perversion. The Anti-Violence Against Women and Their Children Act of 2004 (“VAWC”) recognizes psychological violence to Sara that the acts of Rudy causing her mental or emotional suffering that she have the  knowledge of Rudy's sexual relations with Zandro and it results emotional distress to her.

Regarding Rudy's argument that Sara only wants to file for legal separation to get all their community property. The termination of their marriage produces conjugal partnership and shall be dissolved and liquidated. However, Rudy acted in bad faith during their marriage, which is having sexual relations with Zandro. Their property shall be forfeited in favor of the common children if there are none or in default of children, the innocent spouse
 
Hence,  Sara’s action for legal separation will prosper.

The merits of Rudy’s arguments that under the 1987 of the Family Code of the Philippines circumstances shall constitute fraud when  the concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

In this case, Sara can't file fraud against him because she already knew that he is a gay at the time of their marriage. Rudy accused Sara of only wanting to file that case to be able to get all their community property and to leave him with nothing which is 


what is rudys merit?