Affidavit - Declaration of Nullity of Marriage

 

Republic of the Philippines Regional Trial Court 7th Judicial Region Branch 44

MRS. ELVIE A. CABANERO,  petitioner, - versus –  versus –   CIVIL CASE NO. 9876

MR. STEVE C. CABANERO. , respondent. x------------------------------------x

PETITION FOR DECLARATION OF NULLITY OF MARRIAGE

COMES NOW, the petitioner, by the undersigned counsel, and unto this Honorable Court, respectfully alleges: 1. That the petitioner is a resident of the city of Dumaguete, Philippines.; 2. That the petitioner and the respondent were legally married in Dumaguete City on January 12, 2005; 3. That out of said marriage, a child was born, to wit: Jessie Cabanero  born on December December 1, 2015; 4. During Respondent’s younger years he is used to attention because of his appearance. He has always been close to girls because of his good looks and said to be a ladies’ man. He has many girlfriends from the past and up to present; 5. The parties met each other in Ponticello Bar in Makati sometime in the year 2000 through common friends; 6. They dated secretly for almost two years after their meeting, this is  because Responde Respondent nt did not want getting tied up to anybody. More so, he did not want to get into any serious commitment with the Petitioner; 7. Respondent wants grandeur things in life. He always wants the best of everything and will not settle for anything less; 8. Respondent has always been self-absorbed that he always put himself first without taking into consideration the feelings of others. This is manifested by the fact tthat hat even if his family never approved of Elvie, he did not care. He just do what he wants without regard to his family that is why they got married without the approval of both their parents;

 

  9. That on or about November 24, 2016 the petitioner found out that  prior to her marriage with respondent Elvies A. Racal, the latter was already married to Jill P. Cabanero; 10. The first marriage was validly celebrated in United States of America, where Elvie and respondent were working at that time; 11.. That respondent’s 11 respondent’s marriage with Mrs. Jill Cabanero was still valid and has not yet been legally dissolved when he married the petitioner; 12. That the facts of this case render the reconciliation of the parties highly improbable.

WHEREFORE, it is respectfully prayed: (a) That pending this declaration of nullity of marriage, the respondent  be deprived of his right to manage the conjugal partnership and that adequate provision be made out the conjugal property for the care and support of the minor children above-named; (b) That after due hearing, a decree be issued by this Honorable court ordering: (1) That the marriage between the petitioner and respondent be declared null and void being bigamous in nature; (2) That the conjugal partnership be dissolved and liquidated, depriving the respondent of his share in the conjugal partnership  profits and awarding awarding the sam samee to the above-named children; children; (3) That the custody of the minor children be awarded to the  petitioner; (c) That such other relief or remedy be granted to the petitioner as may be just and equitable in the premises. Dumaguete City, this 13 th day of October 2017.

JAN MARK M. WONG  NOTARY PUBLIC PUBLIC 1480 Calindagan, Dumaguete City PTR OR No. 0012349A –  0012349A  –  Jan.  Jan. 9, 2017 –  2017 –  Dgte.  Dgte. City IBP OR No. 123456 –  123456  –  Jan.  Jan. 8, 2017 –  2017 –  Dgte.  Dgte. City **ROLL No. 34802** MCLE No. IV –  IV –  0001234  0001234 Serial No. 2011 –  2011 –  019  019 Commissioned until December 31, 2017

Doc. No.

123

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Page No. 48 Book No. 10 Series of 2017.

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES) Province of Negro Negross Orie Oriental) ntal) S.S. City/Municipality City/Munic ipality of Dumaguete) x-----------------------x I, Elvie A. Cabanero, of legal age, Filipino, married, and a resident of Dumaguete City, Negros Oriental, Philippines, after being sworn in accordance with law, hereby depose and certify that: (a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or  proceedi  proc eeding ng is pend pending ing therein; therein; (c) if I should ther thereafter eafter lear learn n that the sam samee or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 13 th  day of October 2017 at Dumaguete, Negros Oriental, Philippines. Philippines.

ELVIE A. CABANERO AFFIANT

SUBSCRIBED AND SWORN to before me, this 13 th day of October 2017, by ELVIE A. CABANERO who exhibited to me (his/her) Tax Identification No. 276-649-198 issued at Dumaguete City, Philippines on January 12, 2017.

JAN MARK M. WONG  NOTARY PUBLIC PUBLIC 1480 Calindagan, Dumaguete City PTR OR No. 0012349A –  0012349A  –  Jan.  Jan. 9, 2017 –  2017 –  Dgte.  Dgte. City IBP OR No. 123456 –  123456  –  Jan.  Jan. 8, 2017 –  2017 –  Dgte.  Dgte. City **ROLL No. 34802** MCLE No. IV –  IV –  0001234  0001234 Serial No. 2011 –  2011 –  019  019 Commissioned until December 31, 2017

Doc. No. 123 ; Page No. 48 ; Book No. 10 ; Series of 2017.