Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Antipolo City
Branch 72

__________________, CIVIL CASE No. __________

Petitioner,

-versus- For: Nullity of Marriage

__________________, (Specific CASE)

Respondent. (Violation of Art. ____ of RPC)
x ------------------------------- x

JUDICIAL AFFIDAVIT

PRELIMINARY STATEMENT

I, _______________, Filipino, of legal age, with address at

_______________________, after having been sworn in accordance with law,
hereby execute this Judicial Affidavit, in Question and Answer form, and hereby answer
the following questions below in support of the claims and allegations of Respondent
__________________, in Civil Case No. __________ for Nullity of Marriage
pending before _______________. Consciously knowing that I am under oath, and
with understanding that I may face criminal liability for false testimony or perjury, I
hereby answer the following questions from _____________ with office address at
________________, who conducted this examination in her office.

OFFER OF TESTIMONY

The following testimony of affiant ___________ is being offered to prove the

following:

a. That the Petitioner and the Respondent have been living separately since
November 2014;

b. That in November 2014, the Respondent admitted to him and to his sisters that
the Respondent had an exchange of intimate messages with ___________ and
that she secretly met with him in __________ while the Petitioner was at work;

c. That on April 20, 2015, he, his mother, and his accompanied the Petitioner to the
latter’s family home in ____________;

d. That they were prevented from leaving _____________ upon the order of the
Respondent for allegedly taking things from her house without permission;

e. Other matters in relation thereto.

 JUDICIAL AFFIDAVIT PROPER

1. Q: Do you swear to tell the truth and nothing but the truth?

A: Yes, I do.

2. Q: Are you aware that you may face criminal liability for false testimony of
perjury if you will not tell the truth?

A: Yes, I am.

3. Q: Please state your name, age and other personal circumstances.

A: I am _________, of legal age, married, and with address at

______________.

4. Q: Where are you currently working and for what position?

A: I am working at the _______________.

5. Why are you present here today?

A: I am here today to execute my Judicial Affidavit in relation to the Petition

for Declaration of Absolute Nullity of Marriage filed by _______________.

6. Q: Do you the know the Petitioner in the instant case?

A: Yes, Maám.

7. Q: How do you know the Petitioner?

A: He is my brother, Ma’am.

8. Do you know the Respondent in the instant case?

A: Yes, Maám.

9. Q: How do you know the Respondent?

A: She is the wife of my brother, ___________.

10. Q: What do you know about the present relationship of the Petitioner and the
Respondent, if any?

A: They have been living separately from each other since November 2014.

11. Q: How did you know that the Petitioner and the Respondent have been
living separately since November 2014?

A: Beginning November 2014, Petitioner stayed in our family home in Cainta,

Rizal when he was in the Philippines.

12. Q: What was the reason, if you know, why the Petitioner has been living
separately from the Respondent?

A: Because the Petitioner could no longer bear the attitude of the Respondent
and she cheated on the Petitioner with _____________.
13. Q: How did you know that?

A: The Petitioner told me and the Respondent later confirmed what the
Petitioner said about her cheating with __________.

14. Q: What did the Petitioner tell you?

A: Petitioner told me that he had read in Respondent’s cellphone the

exchange of messages between the Respondent and __________ that suggested
an intimate relationship between them.

15. Q: What else did the Petitioner tell you, if any?

A: That the Respondent had been secretly meeting with __________ in

__________, while he was at work.

16. Which of these allegations were confirmed by the Respondent?

A: The Respondent confirmed both of these allegations.

17. Q: When did the Respondent confirm these allegations?

A: During the confrontation between the Petitioner and the Respondent in

our family home in Cainta, Rizal in November 2014.

18. Q: Who were present during this confrontation between the Petitioner and
the Respondent?

A: The Petitioner, the Respondent, my two sisters and I.

19. Q: What happened during the confrontation between the Petitioner and the
Respondent?

A: Petitioner accused the Respondent of cheating on him with __________

and told us the contents of the messages exchanged between the two which the
Petitioner had allegedly read in the Respondent’s cellphone.

20. Q: According to the Petitioner, what were the contents of those messages?

A: The messages contained phrases including “baby ko, I love you”, “I miss
you, I had a good time na nakasama kita kanina” and that they planned to have
a baby together.

21. How did the Respondent confirm these allegations?

A: The Respondent answered in the affirmative when my sisters,

__________, and I, individually asked the Respondent if all the allegations
were true.

22. Q: What happened after she gave her admission, if any?

A: My sister, __________, asked her why she did those things.

23. Q: What was her response, if any?

 A: That __________ gave her sympathy, which the Petitioner did not give
to her.

24. Q: How was the relationship of the Petitioner and the Respondent after this
confrontation?

A: It got worse.

25. Q: How did it become worse?

A: The Respondent had used her influence as the President of the

__________ to humiliate the Petitioner in front of the residents of
__________ and the guards working there.

26. Q: When did this happen?

A: On April 20, 2015, around 6:00 in the afternoon.

27. Q: How did she humiliate the Petitioner?

A: On our way out of __________, the Respondent called the guards

stationed at the gate of __________ to prevent the Petitioner, my sister
__________ and I, from leaving the subdivision.

28. Q: Why were you prevented from leaving the subdivision?

A: Because the Petitioner allegedly took things from the Respondent’s house
without her permission

29. Q: How did you know that it was Respondent who ordered the guards to
prevent the Petitioner, your sister and yourself from leaving the subdivision?

A: The guards on duty, __________, told us.

30. Q: What were the things allegedly taken without permission from the
Respondent’s house?

A: The Petitioner’s motorcycles and home theater system speakers.

31. Q: Were the motorcycles and the speakers in fact taken from the
Respondent’s house without permission?

A: No, Ma’am.

32. Q: How were you able to say that?

A: The Respondent did not protest when the Petitioner told her that he will
take the motorcycles and the speakers.

33. Q: How did you know that the Respondent did not protest against the taking
of the motorcycles and the speakers by the Petitioner?

A: Because I was present when the Petitioner told the Respondent at their
family home in __________ that he will take the motorcycles and the speakers.

34. Q: What was the response of the Respondent, if any?

A: None, Ma’am.
35. Q: You mentioned earlier that you were prevented from leaving the
subdivision, what happened thereafter, if any?

A: My sister, __________, and I got off the car to open the boom gate.

36. Q: What happened after that, if any?

A: The guards on duty insisted that we cannot leave upon the order of the
Respondent.

37. Q: What was your response, if any?

A: I told them that we did not take anything from the house of the
Respondent without her permission.

38. Q: What happened thereafter, if any?

A: The residents of __________ started gathering near the gate and looking
at us, while the Petitioner insisted that nothing was taken without permission of
the Respondent.

39. Q: How were you able to leave __________?

A: My sister, __________, and I opened the boom gate and went back
inside the car. Then, the Petitioner drove away from the subdivision.

40. Q: For what purpose are you executing this Judicial Affidavit?

A: I am executing this statement as part of my testimony in the above-

entitled case.

41. Q: Mr. Witness, is there anything else you wish to add?

A: None, Ma’am.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

________________ at _________________.

__________________
Affiant

SUBSCRIBED AND SWORN to before me this _________________ at

_______________. I have identified affiant through his _______________ issued
at _______________ on ______________ bearing his photograph and signature.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2016.

ATTESTATION

I, __________, of legal age, Filipino, and with office address at __________,

under oath and state that:

1. I conducted the examination of witness, __________, on __________,

in connection with the above-captioned case.

2. I faithfully recorded or caused to be recorded the questions that I asked and

the answers that the witness gave as stated in his judicial affidavit.

3. Neither I nor any other person present or assisting the witness coached him
regarding his answer stated in his Judicial Affidavit.

____________________
Affiant

SUBSCRIBED AND SWORN to before me this ______________ at

_____________, affiant personally appeared and exhibited to me her Integrated Bar
of the Philippines Identification Card with I.D. No. __________ and bearing her
photograph and signature.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2016.

Copy furnished:

__________
Counsel for Respondent
Address

THE OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village
Circumferential Road
Makati City

OFFICE OF THE CITY PROSECUTOR

2nd Floor, Hall of Justice
Antipolo City, Rizal