Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 44

MRS. ELVIE A. CABANERO,

petitioner,

- 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 1, 2015;

4. During Respondents 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 Respondent 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 that 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 respondents 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 the same to the above-named 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 13th day of October 2017.

JAN MARK M. WONG

NOTARY PUBLIC
1480 Calindagan, Dumaguete City
PTR OR No. 0012349A Jan. 9, 2017 Dgte. City
IBP OR No. 123456 Jan. 8, 2017 Dgte. City
**ROLL No. 34802**
MCLE No. IV 0001234
Serial No. 2011 019
Commissioned until December 31, 2017
Doc. No. 123 ;
Page No. 48 ;
Book No. 10 ;
Series of 2017.
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

REPUBLIC OF THE PHILIPPINES)

Province of Negros Oriental) S.S.
City/Municipality 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
proceeding is pending therein; (c) if I should thereafter learn that the same 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 13th

day of October 2017 at Dumaguete, Negros Oriental, Philippines.

ELVIE A. CABANERO
AFFIANT

SUBSCRIBED AND SWORN to before me, this 13th 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
1480 Calindagan, Dumaguete City
PTR OR No. 0012349A Jan. 9, 2017 Dgte. City
IBP OR No. 123456 Jan. 8, 2017 Dgte. City
**ROLL No. 34802**
MCLE No. IV 0001234
Serial No. 2011 019
Commissioned until December 31, 2017
Doc. No. 123 ;
Page No. 48 ;
Book No. 10 ;
Series of 2017.