Republic of the Philippines
REGIONAL TRIAL COURT
8th Judicial Region
BRANCH 23
Allen, Northern Samar
LYDZ TING Civil Case No. A-712
Petitioner,
For:
DECLARATION OF
ABSOLUTE NULLITY
OF MARRIAGE BASED ON
ARTICE 36 OF THE NEW
FAMILY CODE OF THE
PHILIPPINES
-VS-
BILLY ARMSTRONG,
Respondent.
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JUDICIAL AFFIDAVIT
I, LYDZ TING, of legal age, Filipino, married and a resident of
Barangay Villa, Lavezares, Northern Samar, after being duly sworn to in
accordance with law in answer to the questions propounded to me by my
counsel, Attorney Ricardo Amos, hereby depose and state that:
1) Q: ATTY. JOHN: Mr. Witness, you are under oath, are you aware of the
effects of your oath?
A: Yes, sir.
2) Q: Are you aware and conscious of your answers to the questions that I
am going to ask and that if you give false testimony or perjurious statement
you may face criminal liability for it?
A: Yes, sir.
3) Q: You will be testifying in English, are you conversant with it?
A: Yes, sir, I am conversant in English.
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4) Q: Are you the petitioner in this case, that we are trying?
A: Yes, sir, I am the same petitioner.
5) Q: Do you know BILLY ARMSTROING, who is the respondent in this
case?
A: Yes, sir, I know him. He is my husband.
6) When and where was your marriage taken place?
A: Our marriage took place at City of Manila on FEBRUARY 14, 2006.
7) Q: Do you have a copy of your marriage certificate?
A: Yes sir.
8) Q: If shown to you again that document, will you be able to identify it?
A: Yes, sir, I can identify it.
9) Q: I am showing to you this marriage certificate, which I request, to be
marked as Exhibit “A”, consisting of one page, what is the relation of this
document with the marriage certificate you mentioned a while ago?
A: This is our marriage certificate sir.
10) Q: How many child or children do you have, if any?
A: We have four children sir.
11) Q: Do you have a copy of the birth certificate of your children?
A: Yes sir.
12) If shown to you again that document, will you be able to identify it?
A: Yes, sir, I can identify it.
13) Q: I am showing to you this birth certificates which I request to be
marked as Exhibit “B”, “C”, “D”, and “E”, consisting of one page, what is
the relation of this document with the marriage certificate you mentioned a
while ago?
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A: This is the birth certificate of our children.
14) Q: Out of your union, did you acquire real or personal properties?
A: None, sir.
15) Q: By the way how did you come to know your husband, BILLY
ARMSTRONG?
A. I met him in a in a concert.
16) Q: What transpired after the first meeting with respondent?
A: A year later, we became workmates until he became my admirer.
17) Q: Afterwards, what happened next, if any?
A: At first I did not mind the respondent but when I got sick, he took care of
me and out of gratitude, and I agreed to be the respondent’s girlfriend.
18) Q: After you became sweethearts, what happened next, if any?
A: One time, respondent invited me to visit his sister in a hospital who was
then recuperating for appendectomy. Respondent’s sister at that time was
seven (7) months pregnant, when said respondent’s sister delivered her child,
he again invited me to visit the newborn baby. Out of curiosity I agreed. It
was then that when the respondent forced himself upon me and in that
fateful day, I lost my virginity to the person of the respondent whom I barely
knew.
19) Q: What did you do then?
A: I resigned from work to avoid the respondent but he tirelessly pursued me
wherever I go and to regain my reputation and my family, I eventually
agreed to marry the respondent.
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20) Q: Can you tell us how your married life was?
A: Our married life was marred with heated arguments and quarrels because
respondent was addicted to gambling. Even when I was sick, respondent
would not mind me because he spent so much of his time in gambling.
21) Q: Afterwards, what happened next, if any?
A: When I realized that I had to be strong to face all what I was going
through, I agreed to my family’s decision to handle the restaurant at New
Manila. But later on with respondent’s prodding, I agreed to go with him to
Cotabato where he came from. There they put up a restaurant and sari-sari
store but at times go by, my life became miserable therein because I felt that
I was being enslaved by the respondent and his two uncles who were living
with us. At that time my eldest son was just six (6) months old and I got
pregnant with my second son but still I was the one who did the household
chores aside from supervising the operation of their restaurant and sari-sari
store.
22) What else happened aside from those you have mentioned, if there be
any?
A: At times, respondent hit me on my arms and my bruises caught my
family’s attention when I went to manila for vacation. I thought of not going
back to Cotabato anymore but I was advised by my mother to return to
Cotabato for the sake of our two (2) children. I heeded my mother’s advice
but our situation did not change. We would always fight over things and
respondent no longer allowed me to go back to my family in Manila.
23) Q: What did you do regarding this matter?
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A: One time I decided to commit suicide during Christmas time and at that
time my youngest child was only (2) months old. The image of the
respondent being rude and moody popped up in my mind and I thought that
killing myself was the only way out. But when I looked at my four children,
I felt I still had the reason to live. God must have enlightened my mind and
so I decided to just live by the day.
24) Q: What happened after that?
A: I decided to go abroad on October 5, 2008 when my children were a bit
older to look for job to secure a good future for my children. I did it because
the respondent was no longer supporting me and our children.
25) Q: While you were working abroad, what happened, if any?
A: Sometime in 2014, I received a phone call from respondent and he asked
me to file annulment and threatened me that if I will not file the same, he
will kill our children. Those words from the respondent stuck to my mind
and I suffered sleepless nights for almost three (3) weeks. I was always
crying for fear and safety of my children. I can no longer concentrate on my
work.
26) Q: After the incident, what did you do next, if any?
A: Now that that my third son has graduated from commerce course, I
decided file this case and I consulted a lawyer and a psychiatrist, and they
both advised me to file declaration of absolute nullity of our marriage based
on psychological incapacity pursuant to the provisions of Article 36 of the
New Family Code of the Philippines. The respondent is psychologically
incapacitated to contract marriage as shown in the following manner:
a. He is unable to take cognizance of and to assume the
basic martial obligations, to observe mutual love, respect
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and of providing moral and psychological support unto
petitioner;
b. He is an irresponsible father and is remiss in his
primordial duty as husband and father to their children by
committing an act which will bring danger, dishonor or
injury to each other or to the family for the safety and
security of the family at all times.
c. He is emotionally and psychologically unstable
manifested by him not being able to show love, care and
respect to his wife but instead emotionally
psychologically and physically abuse her.
27) Q: What can you say to his psychological incapacity?
A: His psychological incapacity of the respondent is already present
before our marriage but manifested only after the solemnization of
marriage and such is so grave and that it is incurable. It is permanent
and incurable, although the incurability may be relative only in regard
to the other spouse, and not necessarily absolutely against everyone.
The incapacity mentioned above is relevant to the assumption of
marriage obligations. Defendant’s illness or psychological incapacity is
grave enough to bring about the disability to assume the essential
obligation of marriage. The behavioral disorder manifested by
Respondent before the celebration of marriage continued to manifest
when we were married already. In fact, it became worst. The foregoing
misdemeanors of the respondent have compelled me to file the instant
petition. Indeed, there is a clear failure on the part of the respondent to
comply with the essential obligations of loving, respecting, caring and
of providing moral and psychological support unto the petitioner. The
respondent is suffering from psychological incapacity which would
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render their marriage null and void pursuant to Section 36 of the New
family Code of the Philippines.
27) Q: How did you come to know these?
A: I came to know these based on the findings of the psychiatrist.
28) Q: What particular provisions of the New Family Code did your wife fail
to comply?
A: My husband’s disability in assuming the essential obligation of marriage
are those provided for in the New Family Code of the Philippines,
specifically in Article 68 to 71 with regard the husband and wife and Article
220 with regards to parents and their children; failed to comply with the
following provisions of the law as husband to plaintiff, specifically as
follows: Article 68. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual help and
support; Article 70. The Spouses are jointly responsible for the support of
the family. The expenses for such support and other conjugal obligations
shall be paid from the community property and, in the absence thereof, from
the income or fruits of their separate properties…;Article 71. The
management of the household shall be the right and the duty of both
spouses. The expenses for such management shall be paid in accordance
with the provisions of Article 70; Article 220. The parents and those
exercising parental authority shall have with respect to their unemancipated
children towards the following rights and duties;
29) Q: Is the reconciliation possible?
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A: The reconciliation is impossible as differences between us are already
intolerable and unbearable.
30) Q: So what would you like to ask from the Honorable Court?
A: Since my husband is really psychologically incapacitated to comply the
marital obligations as evidenced of the findings of the psychiatrist, I would
like to ask from the Honorable Court that an order be issued: Declaring the
marriage entered into by the plaintiff and the respondent to be null and
void; and Ordering the annotation of the Decree of Annulment issued by
this Honorable Court in the records of the City Civil Registrar of Manila
where the marriage was recorded;
31) Q: By the way do you have copy of the Entry of Appearance of the
Office of the Solicitor?
A: Yes sir, it is attached to the record of the case, and it is marked as Exhibit
“F”.
32) Q: What the psychiatric evaluation, do you have copy of such
document?
A: Yes sir. Yes sir, it is attached to the record of the case, and it is marked as
Exhibit “G”.
33) Q: What the no-collusion report of the office of the prosecutor, do you
have copy of such document?
A: Yes sir. Yes sir, it is attached to the record of the case, and it is marked as
Exhibit “J”.
I am executing this Judicial Affidavit fully aware and conscious of
the truth and correctness of all my answers to the questions of Atty. Ricardo
Amos, to serve as part of my direct testimony in the above case and for such
other and whatever legal purposes it may serve.
AFFIANT FURTHER SAYETH NAUGHT.
SHAILA JOSEFA G. PRADO
Lydz Ting
