Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

EX-PARTE MOTION TO DISMISS

Petitioner, to the Honorable Court, most respectfully state that:

This is an action for declaration of nullity of marriage filed on 26 June 2013 on the ground of psychological incapacity of the respondent.

Without the knowledge of the petitioner, respondent filed a declaration of nullity of marriage based on Article 35,par (4) of the Family Code on bigamous and polygamous marriage before the Regional Trial Court (Branch 143) of Urdaneta City, Pangasinan.

Then sometime in November 2013, petitioner received a copy of the Decision in the said case filed by respondent the dispositive portion of which states:

WHEREFORE, premises duly considered, the marriage BETWEEN RAPHAEL ENRIQUE V. CORONADO and ELLEN A. ADARNA is hereby declared void from the very beginning.

SO ORDERED.

_____________________________________

Presiding Judge

Upon verification with the aforesaid Honorable Court, the said DECISION is now already final and executory.

Thus, petitioner is constrained to move for the dismissal of this case due to the aforesaid reason.

Other reliefs as are just and equitable under the circumstances are likewise prayed for.

Pasay City, February 14, 2014.

____________________________________

Petitioner

NOTICE

The Clerk of Court

RTC-Branch 113

Pasay City

G R E E T I N G S:

Please submit the foregoing ex parte motion for the consideration and approval of the Honorable Court immediately upon receipt hereof.

RAPHAEL ENRIQUE V. CORONADO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,

Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA

316 Palin St., Block 27 Lot 77

Ai- Ai, General Tinio, GMA, Cavite

Explanation

This Ex Parte Motion to Dismiss is being filed, with copy thereof furnished the other party, to the Office of the Solicitor General by registered mail due to the distance of the undersigned from the said other party, making personal filing and service thereof not practicable.

RAPHAEL ENRIQUE V. CORONADO