Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Antipolo City Branch 72 __________________, Petitioner, -versus__________ CIVIL CASE No. For: Nullity of Marriage __________________, Respondent. x ------------------------------- x JUDICIAL AFFIDAVIT OF WITNESS 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: A: Where are you currently working and for what position? 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: A: 7. Q: Do you the know the Petitioner in the instant case? Yes, Maám. How do you know the Petitioner? A: He is my brother, Ma’am. 8. Do you know the Respondent in the instant case? A: 9. Q: A: Yes, Maám. How do you know the Respondent? 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: any? What happened after she gave her admission, if 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: 25. It got worse. 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. A: 27. Q: When did this happen? On April 20, 2015, around 6:00 in the afternoon. 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 subdivision? were you prevented from leaving the 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: 32. No, Ma’am. 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. A: Q: What was the response of the Respondent, if any? 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: A: Mr. Witness, is there anything else you wish to add? 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