___________________ VS.
___________________ VS.
___________________
CRIMINAL CASE . ___________________
. ___________________
HON. ___________________________
HON. ___________________________
RTC- _______________
_______________ , BRANCH ___
BRANCH ___
JUDICIAL AFFIDAVIT OF
PETITIONER ___________________
PETITIONER ___________________
I, ___________________ , of legal age, married, and living at ___________________ , petitioner
in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. ___________________ with address at
___________________ . The examination is being held at the same address. I am answering his
questions fully conscious that I do so under oath and may face criminal liability for false testimony
and perjury.
PURPOSE: This affidavit/testimony of petitioner ___________________ is being offered to prove
that the respondent ___________________ contracted marriage twice, ___________________
on ___________________ , and later with the petitioner ___________________ on
___________________ while the respondent’s previous marriage with ___________________
was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage
with the respo ndent she was previously married to ___________________ on
espon
___________________ , which marriage was still valid and subsisting at the time she contracted
marriage with the respondent. The petitioner’s testimony is also offered to prove the legal basis
for the declaration of nullity of the petitioner’s marriage with the respondent, the same being
bigamous.
1. Q. Please
Please state
state your name and other personal
personal circumst
circumstances
ances for the record.
record.
A. ___________________ .
2. Q. Are you the same ___________________ , the petitioner in this case?
A. Yes sir.
3. Q. Do you know a certain ___________________ ?
married on ___________________ .
A. Yes sir. He was the man I married
4. Q. How did you meet him?
A. ___________________ .
5. Q. Are you still living with ___________________ ?
since ___________________ .
A. We have separated since
6. Q. Do you have of proof your marriage with ___________________ ?
A. Yes sir, I have a marriage contract (Exhibit “A”).
7. Q. Do you have children with ___________________ ?
A. We have one (1) child namely, ___________________ , now ____ years old.
8. Q. What is the reason for your separation?
A. The respondent’s infidelity of and lack of sense responsibility. He was jobless, a
drug addict and did not care to provide the needs of our family. He was dependent on
me.
9. Q. How about a certain ___________________ , do you know her?
A. Yes si
sir, he
he wa
was th woman ___________________ previously
the wo previously married
married on
___________________ .
10. Q. Do you have proof of marriage between ___________________
___________________ ?
A. Yes sir, I have a marriage contract (Exhibit “B”).
11. Q. What was the status of the marriage between ___________________ and
___________________ when ___________________ got married to you?
A. His marriage with ___________________ was still valid and has not yet been
legally dissolved when he married me.
12. Q. Aside from marriage contracts, do you have other documents to prove the
________________ married ________________ and yourself?
A. Yes sir, I have a Certification (Exhibit “C”) from the National Statistics Office
(NSO) showing ___________________ ’s record of having two marriages, to
___________________ and myself.
13. Q. How about you, do you have previous marriage when you married when you
marry ___________________ ?
A. Yes sir, I was previously married to ___________________ on
___________________ .
14. Q. Do you have proof of your previous marriage with ___________________ ?
A. Yes sir, I have a marriage contract (Exhibit “D”).
15. Q. Do you have other proof that you are in fact married to ___________________
and to ___________________ ?
A. Yes sir, the NSO Certification (Exhibit “E”).
16. Q. What was the status of your marriage with ___________________ when you
married ___________________ ?
A. ___________________ was still alive and my marriage with his was still valid
and has not yet been legally dissolved when I married ___________________ .
17. Q. You are saying that both of you and the respondent have previous marriage at
the time you marry each other?
A. Yes sir.
18. Q. Do you have pre-nuptial agreement with the respondent regarding your
properties?
A. None Sir.
19. Q. Do you have common properties with the respondent?
A. None sir.
20. Q. Do you and the respondent have common creditors?
A. None sir.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________
2013 at ___________ .
___________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME , a notary public in and for
_________(City/Province)____________ this ____ th day of ____________ 20 ___ . Affiant
personally came and appeared with _____________(Competent Evidence of Identity)______
issued by the _________(Government Agency) ______ on ___(date)__ at
________(place)_________ , bearing his photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me and avowed under penalty of
law to the whole truth of the contents of said instrument.
Atty ___________________________________________
Notary Public
Doc. No. ____ Commission Serial No. ____________________________
Page No. ____ Notary Public for _______(Province/City)______________
Book No. ____ Until December 31, 20 __
Series of 20 __ Office: ______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________ ; __/__/__ ; _(Province)_
PTR No. _________ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No. __________ ; __/__/__
I, ___________________ , of legal age, Filipino, with postal address
______________________ after being duly sworn depose and say:
1. I was the one who conducted the examination of witness ___________________ at
my aforementioned office in ___________________ ;
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
3. I nor any other person then present or assisting her coached the witness regarding
her answers;
IN WITNESS WHEREOF , I have hereunto set my hand this ____ day of ____ 2013 at
___________ .
ATTY. __________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME , a notary public in and for
_________(City/Province)____________ this ____ th day of ____________ 20 ___ . Affiant
personally came and appeared with _____________(Competent Evidence of Identity)______
issued by the _________(Government Agency) ______ on ___(date)__ at
________(place)_________ , bearing his photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me and avowed under penalty of
law to the whole truth of the contents of said instrument.
Atty ___________________________________________
Notary Public
Doc. No. ____ Commission Serial No. ____________________________
Page No. ____ Notary Public for _______(Province/City)______________
Book No. ____ Until December 31, 20 __
Series of 20 __ Office: ______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________ ; __/__/ __ ; _(Province)_
PTR No. _________ ; __/__/ __ ; _(Province) _
MCLE Compliance Cert. No. __________ ; __/__/__
