Republic of the
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
(Additional Family Court of Baguio)
IN THE MATTER OF THE CANCELLATION OF ENTRY OF MARRIAGE OF DUPIR V. OPINIANO a.k.a MARLON DUPIR MIGHTIEST AND ARMI R. TUBIJE-OPINIANO
DUPIR V. OPINIANO a.k.a MARLON DUPIR MIGHTIEST,
ARMI R. TUBIJE-OPINIANO, THE CITY CIVIL REGISTRAR OF BAGUIO CITY, AND THE NATIONAL STATISTICS OFFICE,
SPECIAL PROCEEDINGS CASE NO.
A verified petition filed by the petitioner, through counsel, alleged among others that:
“1. Petitioner is of legal age, Former Filipino Citizen but now an American citizen, with residence and postal address at No. 11 Jasmine Road across Villa Rivera Street, San Luis Village, Baguio City.
“2. Respondent is likewise of legal age, Filipino citizen, with residence and postal address at #50 Poblacion Centro, Rizal, Nueva Ecija where she may be served with summons and other processes of this Honorable Court;
“3. Petitioner and Respondent were married on April 8, 1990 at Baguio City before Rev. Romulo D. Lagmay, Sr. A copy of their Certificate of Marriage is hereto attached as Annex “A” and made an integral part hereof;
“4. The parties have two children namely, KUUZUELA TARAMIS T. OPINIANO who was born on August 4, 1992 and RICHARD MAKZEL T. OPINIANO who was born on March 8, 1994.
“5. Sometime in the year 1997, Petitioner left the Philippines and went to United States of America as an immigrant;
“6. On July 6, 2000, the Parties were able to obtain a divorce decree from the Superior Court of California a copy of the Final Order of Divorce is hereto attached and made integral part hereof as Annex “B”;
“7. The divorce decree obtained by the Parties was obtained validly in California, U.S.A. and the said divorce decree dissolved the marriage of the Parties, enabling them to remarry;
“8. While in the United States, Petitioner filed a Petition to the Superior Court in San Jose, California to change his name from DUPIR V. OPINIANO to MARLON DUPIR MIGHTIEST which was subsequently granted.
“9. During their conjugal union, the parties have acquired no properties; a copy of the Certificate proving the same is hereto attached as Annex “C” and made an integral part hereof;
“10. This controversy is not a valid subject of compromise under Article 151 of the Family Code, hence, the same was not referred to the Lupong Tagapamayapa pursuant to the provision of the Local Government Code.”
On the basis of the e foregoing, petitioner pray of this Honorable Court that after due notice and hearing, judgment be rendered by:
“1. Confirming and recognizing the Foreign Judgment and Decree of Dissolution of Marriage secured by petitioner Dupir V. Opiniano a.k.a Marlon Dupir Mightiest against respondent Armi T. Opiniano on July 6, 2000 at the Superior Court of California, U.S.A dissolving their marriage solemnized on April 8, 1990 at Baguio City before Rev. Romulo D. Lagmay;
“2. Ordering the Office of the Civil Registrar of Baguio City, to cancel the entry of marriage in the Civil Register or the Certificate of Marriage of DUPIR V. OPINIANO a.k.a MARLON DUPIR MIGHTIEST AND ARMI R. TUBIJE-OPINIANO;
“3. Ordering the National Statistics Office (NSO) to cancel the entry of marriage in the Civil Register or the Certificate of Marriage of DUPIR V. OPINIANO a.k.a MARLON DUPIR MIGHTIEST AND ARMI R. TUBIJE-OPINIANO;
“4. Declaring Petitioner DUPIR V. OPINIANO a.k.a MARLON DUPIR MIGHTIEST capacitated to remarry in the Philippines under the Family Code of the Philippines.”
Finding the petition to be sufficient in form and substance, let the same be heard before the Regional Trial Court, Branch 59, Baguio City on December 14, 2015 at 10:15 o’clock in the morning at which place, date and time, the petitioners shall prove their case. Any person interested may appear and show cause, if any there be, why the petition should not be granted.
Let a copy of this Order be published at the expense of the petitioner in The Junction, a newspaper of general circulation in the City of Baguio and Benguet Province once a week for three (3) consecutive weeks.
Likewise, let a copy of this Order, together with a copy of the petition and its annexes, be furnished the Honorable Solicitor General, Makati City, Metro Manila, the City Prosecutor of Baguio, the Local Civil Registrar of Baguio City and the National Statistics Office.
DONE IN THE CHAMBERS, this 28th day of October, 2015 of Baguio City, Philippines.
(SGD) IVAN KIM B. MORALES
Publication Dates: November 14, 21, and 28, 2015