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Presumptive Death Petition for Remarriage

This judicial affidavit was given by Hilda P. Eom, who is petitioning for a declaration of presumptive death of her husband Gi Hyeon Eom for purposes of remarriage. She married Gi Hyeon Eom in 2005 and they lived together for only 3 months in Quezon City before he disappeared without explanation. Despite inquiries with neighbors and publishing notices seeking information on his whereabouts, she has received no information on her husband in over 12 years. As a result, she is now petitioning to have him declared presumptively dead so that she can remarry in the future.

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Harold Estacio
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0% found this document useful (0 votes)
233 views4 pages

Presumptive Death Petition for Remarriage

This judicial affidavit was given by Hilda P. Eom, who is petitioning for a declaration of presumptive death of her husband Gi Hyeon Eom for purposes of remarriage. She married Gi Hyeon Eom in 2005 and they lived together for only 3 months in Quezon City before he disappeared without explanation. Despite inquiries with neighbors and publishing notices seeking information on his whereabouts, she has received no information on her husband in over 12 years. As a result, she is now petitioning to have him declared presumptively dead so that she can remarry in the future.

Uploaded by

Harold Estacio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as RTF, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
REGIONAL TRIAL COURT
BRANCH 28
Mambajao, Camiguin

IN THE MATTER OF THE SUMMARY MISC. CASE NO. 2017-506


PETITION FOR DECLARATION OF
PRESUMPTIVE DEATH OF GI HYEON EOM
FOR PURPOSES OF REMARRIAGE UNDER
ARTICLE 41 OF THE FAMILY CODE

HILDA P. EOM,
Petitioner.
x - - - - - - - - - - - - - - - - - - - - - -/

JUDICIAL AFFIDAVIT

This is the Judicial Affidavit of Hilda P. Eom. This was taken on


January 27, 2018 in the office of Atty. Tiburcio M. Palasan, Jr. in his
satellite office in Poblacion, Mambajao, Camiguin. It is conducted in a
language understood by the affiant and the proceeding was duly
recorded.

1. Q.Please state your personal circumstances.


A: I am of legal age, married, Filipino, and a resident of
Bolocboloc, Mambajao, Camiguin;

2. Q: Are you the same Hilda P. Eom who is the petitioner in this?
A: Yes.

3. Q: Do you know a certain Gi Hyeon Eom?


A: Yes. He was my husband.

4. Q: Do you have a marriage certificate to prove your marriage?


A: Yes.

5. Q: Showing you this marriage certificate, is this the one?


A: Yes. It is the one. It is marked as ANNEX "A" of the Petition.

MANIFESTATION : We pray that the marriage certificate which is


marked as ANNEX "A" of the Petition be marked as Exhibit "H".

6. Q: Do you have children with your husband?


A: None.
7. Q: After your marriage, where did you stay?
A: After our marriage on January 26, 2005 , we lived together as
husband and wife in Tandang Sora, Quezon City for only THREE ( 3 )
months.

8. Q: What happened why you were living together only for three
months?
A: After three months, my husband suddenly did not go home
anymore for no apparent reason.

9. Q: Did you report the incident to the police?


A: No. I did not know what to do as I was young then and I did
not know my way in Metro Manila.

10. Q: Did you stay in Tandang Sora, Quezon City after your
husband did not return to your home?
A: Yes. I stayed there for few months.

11. Q: Where did you go after you stay in Tandang Sora?


A: I did not have money for food so I returned here in
Bolocboloc sometime in 2005.

12. Q: After you returned in Bolocboloc, did you inquire about his
whereabouts?
A: Yes, I asked from my neighbor in Tandang Sora through text
messages.

13. Q: Do you recall the name of your neighbor?


A: Yes. Her name is Lucy. I cannot recall her family name.

14. Q: What was her information about your husband, if any?


A: She told me that my husband never returned to our home.

15. Q: What did you do after?


A: I did not do anything. I did not mind anymore about my
husband. But in June 5, 2017, I decided to seek for the whereabouts of
my husband.

16. Q: What did you do?


A: I caused the publication in the SUNSTAR Publication seeking
for the whereabouts of my husband.

17. Q: Do you have the publication?


A: Yes. It is marked as ANNEXES "B" to "B-2" of the Petition.

MANIFESTATION: We pray your Honor that ANNEXES "B" to "B-2" of


the Petition be marked as Exhibit "I" to "I-2".
18. Q: After the publication did you gather any information about
your husband?
A: No, I did not receive any information about my husband.

19. Q: Did you inquire about your husband from his relatives?
A: No, I don't know any of his relative.

20. Q: The Order of the court in this case was published in Bulgar
publication, do you know that?
A: Yes.

21. Q: Until to date, after the publication, did you receive any
information about the whereabouts of your husband?
A: Until today, I still did not receive any information about my
husband.

22. Q: Why are you filing the instant petition?


A: I am getting old already and I want to remarry in the future.

23. Q: Do you execute the foregoing truthfully and voluntarily.


⁃ A: Yes, I am.

24. Q: Do you understand that if you are not telling the truth
you will be prosecuted for lying under oath.
A: Yes, I understand.

AFFIANT FURTHER SAYETH NONE!

IN WITNESS WHEREOF, I hereunto set my hand this January 27, 2018


at Mambajao, Camiguin, Philippines.

HILDA P. EOM
Affiant
ID No. __________

SUBSCRIBED AND SWORN to before me this January 27, 2018 at


Mambajao, Camiguin, affiant being known to me and personally
appearing before me, exhibiting her government issued ID, with date of
issue and expiration.
LAWYER’S ATTESTATION

I hereby declare that I conducted the examination of the above-


named witness in my office at Cagayan de Oro City.

Further certifying that I keep a record of the proceedings and that


the witness was not coached by me or my assistant or by any person then
present.

Done this January 27, 2018 at Mambajao, Camiguin.

TIBURCIO M. PALASAN, JR.


ROLL NO. 37410
PTR NO: 4728944, 01-09-2018
IBP NO: 1080045, 20-11-2017
Issued in Cagayan de Oro City
MCLE Compliance No.VI-000395
Issued on November 3,
2018
tmpjr70@gmail.com

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