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LAW OFFICE OF CATHERINE BEJERANA CAMACHO, ESQ. 267 South Ma rine Corps Drive 'Suite 302 Tamuning, Guam 96913 APR 01 3 elephone: (671) 647-4223 Facsimile: (671) 647-4223 Email: cbclawoffice@ gmail.com
At t o r n e y for Defendant BEN B. MALABANAN, JR.
IN THE SUP ERIOR COURT OF GUAM
MARIA CECILIA TIU MALABANAN, ) DOMESTIC CASE NO.: DM0709-11
Plaintiff,
V. DECI SI O N AND O RDER
BEN B . MALABANAN, JR.,
Defendant.
I NTRO DUCTI O N
This matter came before the HONORABLE JAMES L. CANTO, II on the 26TH day of
February, 2014 for a bench trial . Defendant Ben B. Malabanan , Jr. and his counsel, Catherine
Bejerana Camacho, Esq. were present. P laintiff Maria Cecilia Tiu Malabanan was not present.
However, Jeffrey A. Cook appeared on behalf of P laintiff Maria Cecilia Tiu Malabanan prior to
the commencement of trial and advised the court that neither he nor his client will be appearing
for the remainder of the proceedings. After considering the matter presented, the court now issues 23 the following decision and order. 24 BACKGROUND 25 Defendant Ben B. Malabanan, Jr. (herein "Mr. Malabanan") and Plaintiff Maria Cecilia 26 Tiu Malabanan (herein "Mrs. Malabanan") were married in the Philippines on June 20. 1994. 27
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J4 11 1S • •
MALABANAN v. MALABANAN DM70 9-11 [PROPOSED) DEC ISION AND ORDER P AG E 2
The marriage produced one child, to wit, Mia Sara Elizabeth Ann Tiu Malabanan (D.O.B. 03-10-
1995), who reached the age of majority during the pendency of the divorce proceedings.
On October 10, 2011, Mrs. Malabanan filed a Complaint for Divorce. On Dece mber 9 ,
2011, Mr. Malabanan filed an Answer and Counterclaim for Divorce. On December 18, 2013,
Mrs. Malabanan filed a Stipulation of to Dismiss Complaint for Divorce, which was signed by
the Court on January 21, 2014. Prior to trial, Mrs. Malabanan also filed a Withdrawal of Notice
of Motion a nd Motion to Amend Answer. Based on Mrs. Malabanan's dismissal of her
Complaint for Divorce, the only pending action that remained for the Court's consideration at trial
was Mr. Malabanan's Counterclaim for Divorce.
D IS C U S S IO N
The court begins its discussion by noting that based upon Mr. Malabanan's Counterclaim
for Divorce and his testimony, the parties were separated on February 27, 2011. Consequently,
the parties were married for sixteen (16) years and eight (8) months. 16 This marriage produced one child, Mia Sara Elizabeth Ann Tiu Malabanan, who remained 17 under the physical custody of Mr. Malabanan since the parties separation. Si nce t he part i es 18 separation, Mr. Malabanan has been responsible for taking care of this minor child, and Mrs. 19 Malabanan did not remit any child support payment to Mr. Malabanan.
A. GROUNDS FOR DIVORCE. The court finds sufficient grounds to establish that
the marriage between the parties is irretrievably broken. The court will grant Mr. Malabanan a
divorce from Mrs. Malabanan based on irreconcilable differences.
B. SPOUSAL SUPPORT. Although the court previously ordered temporary spousal
support to Mrs. Malabanan, the court terminates any temporary spousal support order as of the
date of the trial. In l i ght o f Mrs. Mal abanan' s di smi ssa l o f her Co mpl ai nt fo r Di vo rce, Mrs.
Malabanan's failed to maintain any action for spousal support.
2 8 II G:U,awOfficc11162-11 l0-BBM(a)\D and O.wpd- MALABANAN v. MALABANAN DM709-1 I [ PROPOSED] D ECISION AND ORDER PAG E 3
Moreover, the court also finds that Mrs. Malabanan is a highly educated individual, who
4 has pursued numerous business ventures throughout her marriage to Mr. Malabanan. It was
5 further established during trial that Mr. Malabanan invested a significant amount of community
6 properties and monies to aid Mrs. Malabanan in the furtherance of her educational and business
7 pursuits throughout the marriage. Accordingly, the court finds that Mr. Malabanan is no longer
required to support Mrs. Malabanan after the divorce. Thus, no permanent spousal support is
ordered.
C. DIVISION OF COMMUNITY PROPERTIES AND DEBTS.
Since the parties separation in February 27, 2011, the parties minor child has been under
the physical custody and care of Mr. Malabanan. It was established during trial that Mrs.
Malabanan has not paid child support to Mr. Malabanan
It was also established that Mr. Malabanan has been responsible for paying the bulk of the
parties' community debts, most especially the two mortgages encumbering the parties' Ewa
Beach Hawaii property.
Moreover throughout the marriage, Mr. Malabanan incurred several financial losses as
a result of various investments made by Mrs. Malabanan.
Based on the above and upon the witnesses testimonies at trial, the court finds the
following distribution of community properties and debts to be fair and equitable.
Mr. Malabanan shall have as his sole and separate property the following: Be n B.
Malabanan's DDS, PC.; any tangible and intangible items related to Mr. Malabanan's dental
practice; ANZ Bank Account under Ben B. Malabanan's DDS, PC; Mr. Malabanan's Life
Insurance; Mr. Malabanan's jewelries, clothes, and personal effects; 2011 BMW X5; 2006
Landrover LR3; and, any savings and checking accounts under her name. Mr. Mal abanan wi l l
be responsible for the debts, if any, that encumber any of the properties that he has been awarded.
28 II G:\LawOffice\ 1162-1110-BBM(a)\D and O.wpd- -4 0
MALABANAN v. MALABANAN DM709-1 1 [PROPOSED] DECISION AND ORDER P AGE 4
Additionally, Mr. Malabanan shall be responsible for any debts incurred in his name alone, or
incurred since the separation, that is not specifically disposed of in this Decision and Order.
Mrs. Mal abanan shall have as her so le and separate property the following: Mrs.
Malabanan Life Insurance; Mrs. Malabanan'sjewelries, clothes, and personal effects; Serendra,
II Condo located in the Philippines; 2010 KIA Sportage; and, any savings and checking accounts
8 under her name. Mrs. Malabanan will be responsible for the debts, if any, that encumber any of
the properties that she has been awarded. Additionally, Mrs. Malabanan shal I be responsible for
any debts incurred in her name alone, or incurred since the separation that is not specifically
disposed of in this Decision and Order. With respect to the educational account set up for the parties' child, it was established
during trial that Mia Sara Elizabeth Tiu Malabanan has possession of the account. Because this
was the intent of the account, Mia Sara Elizabeth Tiu Malabanan shall continue to have sole
control and benefit over the account. With respect to the Hilton Grand Vacation Club, the parties shall sell the membership
interest, and shall divide the proceeds equally.
With respect to the Ewa Beach Hawaii Property, the parties shall continue to cooperate
in the sale of the property. Any proceeds realized from the sale of the property shall be equally
divided between the parties. Any loss or payments as a result of the sale of the property shall also
be equally divided between the parties. If the property is not sold, then the parties shall be jointly
and severally liable on the continued mortgage payments on the property, as well as any expenses
Free access — add to your briefcase to read the full text and ask questions with AI
•
LAW OFFICE OF CATHERINE BEJERANA CAMACHO, ESQ. 267 South Ma rine Corps Drive 'Suite 302 Tamuning, Guam 96913 APR 01 3 elephone: (671) 647-4223 Facsimile: (671) 647-4223 Email: cbclawoffice@ gmail.com
At t o r n e y for Defendant BEN B. MALABANAN, JR.
IN THE SUP ERIOR COURT OF GUAM
MARIA CECILIA TIU MALABANAN, ) DOMESTIC CASE NO.: DM0709-11
Plaintiff,
V. DECI SI O N AND O RDER
BEN B . MALABANAN, JR.,
Defendant.
I NTRO DUCTI O N
This matter came before the HONORABLE JAMES L. CANTO, II on the 26TH day of
February, 2014 for a bench trial . Defendant Ben B. Malabanan , Jr. and his counsel, Catherine
Bejerana Camacho, Esq. were present. P laintiff Maria Cecilia Tiu Malabanan was not present.
However, Jeffrey A. Cook appeared on behalf of P laintiff Maria Cecilia Tiu Malabanan prior to
the commencement of trial and advised the court that neither he nor his client will be appearing
for the remainder of the proceedings. After considering the matter presented, the court now issues 23 the following decision and order. 24 BACKGROUND 25 Defendant Ben B. Malabanan, Jr. (herein "Mr. Malabanan") and Plaintiff Maria Cecilia 26 Tiu Malabanan (herein "Mrs. Malabanan") were married in the Philippines on June 20. 1994. 27
28 G:1LawOtlicc11162 -1110-H13M( a)\D and O.wpd-
J4 11 1S • •
MALABANAN v. MALABANAN DM70 9-11 [PROPOSED) DEC ISION AND ORDER P AG E 2
The marriage produced one child, to wit, Mia Sara Elizabeth Ann Tiu Malabanan (D.O.B. 03-10-
1995), who reached the age of majority during the pendency of the divorce proceedings.
On October 10, 2011, Mrs. Malabanan filed a Complaint for Divorce. On Dece mber 9 ,
2011, Mr. Malabanan filed an Answer and Counterclaim for Divorce. On December 18, 2013,
Mrs. Malabanan filed a Stipulation of to Dismiss Complaint for Divorce, which was signed by
the Court on January 21, 2014. Prior to trial, Mrs. Malabanan also filed a Withdrawal of Notice
of Motion a nd Motion to Amend Answer. Based on Mrs. Malabanan's dismissal of her
Complaint for Divorce, the only pending action that remained for the Court's consideration at trial
was Mr. Malabanan's Counterclaim for Divorce.
D IS C U S S IO N
The court begins its discussion by noting that based upon Mr. Malabanan's Counterclaim
for Divorce and his testimony, the parties were separated on February 27, 2011. Consequently,
the parties were married for sixteen (16) years and eight (8) months. 16 This marriage produced one child, Mia Sara Elizabeth Ann Tiu Malabanan, who remained 17 under the physical custody of Mr. Malabanan since the parties separation. Si nce t he part i es 18 separation, Mr. Malabanan has been responsible for taking care of this minor child, and Mrs. 19 Malabanan did not remit any child support payment to Mr. Malabanan.
A. GROUNDS FOR DIVORCE. The court finds sufficient grounds to establish that
the marriage between the parties is irretrievably broken. The court will grant Mr. Malabanan a
divorce from Mrs. Malabanan based on irreconcilable differences.
B. SPOUSAL SUPPORT. Although the court previously ordered temporary spousal
support to Mrs. Malabanan, the court terminates any temporary spousal support order as of the
date of the trial. In l i ght o f Mrs. Mal abanan' s di smi ssa l o f her Co mpl ai nt fo r Di vo rce, Mrs.
Malabanan's failed to maintain any action for spousal support.
2 8 II G:U,awOfficc11162-11 l0-BBM(a)\D and O.wpd- MALABANAN v. MALABANAN DM709-1 I [ PROPOSED] D ECISION AND ORDER PAG E 3
Moreover, the court also finds that Mrs. Malabanan is a highly educated individual, who
4 has pursued numerous business ventures throughout her marriage to Mr. Malabanan. It was
5 further established during trial that Mr. Malabanan invested a significant amount of community
6 properties and monies to aid Mrs. Malabanan in the furtherance of her educational and business
7 pursuits throughout the marriage. Accordingly, the court finds that Mr. Malabanan is no longer
required to support Mrs. Malabanan after the divorce. Thus, no permanent spousal support is
ordered.
C. DIVISION OF COMMUNITY PROPERTIES AND DEBTS.
Since the parties separation in February 27, 2011, the parties minor child has been under
the physical custody and care of Mr. Malabanan. It was established during trial that Mrs.
Malabanan has not paid child support to Mr. Malabanan
It was also established that Mr. Malabanan has been responsible for paying the bulk of the
parties' community debts, most especially the two mortgages encumbering the parties' Ewa
Beach Hawaii property.
Moreover throughout the marriage, Mr. Malabanan incurred several financial losses as
a result of various investments made by Mrs. Malabanan.
Based on the above and upon the witnesses testimonies at trial, the court finds the
following distribution of community properties and debts to be fair and equitable.
Mr. Malabanan shall have as his sole and separate property the following: Be n B.
Malabanan's DDS, PC.; any tangible and intangible items related to Mr. Malabanan's dental
practice; ANZ Bank Account under Ben B. Malabanan's DDS, PC; Mr. Malabanan's Life
Insurance; Mr. Malabanan's jewelries, clothes, and personal effects; 2011 BMW X5; 2006
Landrover LR3; and, any savings and checking accounts under her name. Mr. Mal abanan wi l l
be responsible for the debts, if any, that encumber any of the properties that he has been awarded.
28 II G:\LawOffice\ 1162-1110-BBM(a)\D and O.wpd- -4 0
MALABANAN v. MALABANAN DM709-1 1 [PROPOSED] DECISION AND ORDER P AGE 4
Additionally, Mr. Malabanan shall be responsible for any debts incurred in his name alone, or
incurred since the separation, that is not specifically disposed of in this Decision and Order.
Mrs. Mal abanan shall have as her so le and separate property the following: Mrs.
Malabanan Life Insurance; Mrs. Malabanan'sjewelries, clothes, and personal effects; Serendra,
II Condo located in the Philippines; 2010 KIA Sportage; and, any savings and checking accounts
8 under her name. Mrs. Malabanan will be responsible for the debts, if any, that encumber any of
the properties that she has been awarded. Additionally, Mrs. Malabanan shal I be responsible for
any debts incurred in her name alone, or incurred since the separation that is not specifically
disposed of in this Decision and Order. With respect to the educational account set up for the parties' child, it was established
during trial that Mia Sara Elizabeth Tiu Malabanan has possession of the account. Because this
was the intent of the account, Mia Sara Elizabeth Tiu Malabanan shall continue to have sole
control and benefit over the account. With respect to the Hilton Grand Vacation Club, the parties shall sell the membership
interest, and shall divide the proceeds equally.
With respect to the Ewa Beach Hawaii Property, the parties shall continue to cooperate
in the sale of the property. Any proceeds realized from the sale of the property shall be equally
divided between the parties. Any loss or payments as a result of the sale of the property shall also
be equally divided between the parties. If the property is not sold, then the parties shall be jointly
and severally liable on the continued mortgage payments on the property, as well as any expenses
related to the property.
CO NCLUSI O N.
The Court, therefore, grants Mr. Malabanan a divorce from Mrs. Malabanan on the ground 27
28 II G\LawOffice\1162-1110-BBM(a)\U and O.wpd- I MALABANAN v. MALABANAN DM709-1 1 [PROPOSED] DECISION AND ORDER PAGE; 5 2
of irreconcilable differences. The community properties and debts will distributed in accordance
with the above.
SO ORDERED this day of APR0 2 20% , 2014..
HONORABLE JAM ES L. C ANT O, II J U D G E , SUPERIOR COURT OF GUAM
S E R V I C E V IA C O UR T B O X I acknowledge that a copy of the orig inal hereto wa s placed In tie
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