Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Tuguegarao City
Branch 49

CRIMINAL CASE No: 9999999

MIGUEL SY,
Petitioner
-versus-

FOR:
Legal Separation

CARLA CRUZ-SY,
Respondent
x--------------------------------------------------x
JUDICIAL AFFIDAVIT
(of plaintiff CARLA CRUZ-SY in lieu of Direct Testimony)

PRELIMINARY STATEMENT

The person examining me is ATTY. SHIRYL MAE G. SAQUING with

law office address 143 Carig Sur, Tuguegarao City. My Judicial affidavit is
being taken at the above mentioned place in the presence of Laila Santos and
my companions. The questions are asked in the English Language but are
translated in the Tagalog dialect which I speak and fully understand and I am

giving my answers fully conscious that I do so under oath and I am aware

that I may face criminal liability for false testimony or perjury for false
statements made or given by me.
OFFER OF TESTIMONY

The testimony of CARLA CRUZ-SY is being offered to prove she is

the plaintiff to the petition for legal separation. The issues raised in the
present petition are factual and to be testified in an open court.

1. Q: Mrs.Respondent, will you please tell the Honorable Court your name,
age and other personal circumstances?
A: I am Carla Cruz- Sy, 33 years old, a business woman and a resident of
456 Caggay, Tuguegarao City.

2. Q :How long are you married to Miguel Sy?

A:Seven years.
3.Q:In that seven years of marriage are you happy?
A:Yes.

4. Q: But why are you filing for legal separation?

A:My husband has left me and my two children for more than 2 years
already.

5.Q: Do you remember when was the last time you had any information
about your husband?
A: I cant recall the exact date but it was last March 2014.

6.Q:Can you further discuss in this court his reason for leaving your home?
A:My husband Miguel just told me that he will go to Quezon City to
attend the funeral of his cousin.

7.Q:Then after that date what happened?

A: It was the last conversation that I had with him. Leaving me and my
children worried on what happened to him for he never made an effort in
communicating us after that day.

8.Q:Did you heard any information from his family as to his whereabouts?
A: None, for his family is already living in Italy and I never met them.

9.Q: How did you sustained your living after that?

A:As a mother of two children, where one is already studying as a Kinder
student, I have to work hard and earn our living thru the profit I earn from
my mini grocery located at Caggay.

10. Q: Can you tell this court how you knew that he is still alive and nothing
happened to him after the last day you conversed to him?
A: My father happened to go to Quezon City last August 23, 2016 and
accidentally saw my husband working in a real state business located at
Trinoma mall.

11.Q:Did your father had any chance to talk to your husband that day?
A:Yes, for he know how miserable are we now without Miguel on our
side, he as the grandfather of my children confronted Miguel why he never
showed up to us.

12.Q: How did your husband responded?

A:My father told me that Miguel first tried to avoid him but he was able
to confront him and my husband told him that he doesnt want to go home
anymore and he is happy now on his own.

13.Q: Why did you file a case now?

A: I pray that this court will grant my petition for legal separation upon
knowing that my husband has no reasons at all to fulfil our marriage and
abandoning me and my children without just cause.

Motion:May I request this Honorable court to mark this sworn statement sas
Exhibit A.

Manifestation:May I request this Honorable court a few words to ponder in

The act of the defendant by mere hiding this past 2 years
abandonment as a credible ground for legal separation over my
mere fact that he evaded from his obligation as a husband and
two children shows that the affection and trust entrusted by my
him was violated.

constitutes
client. The
a father of
client over

14. Q: Is there any chance that you and your husband can reconcile so as to
save your marriage?
A: The fact that he already made a choice in leaving us, me and my
children, it will be detrimental on my part in trying to save a marriage
wherein I am the only one who loves him and making efforts to make our
marriage work. Thus, I am appealing to this honourable court to grant our
legal separation.

15. Q: What do you think is the possible effect of this separation on your
children as a wife?

A: As a woman and his wife, it breaks my heart to finally make ways to

end this marriage especially we have 2 children. He is the father of my
children but this marriage no longer works for the both of us. Seemingly this
will bring greater joy for husband since he really abandoned us already.
Though, to recount the love and the happy moments we are together will
forever form part of my memory and heartache especially as a woman who
gave her life and made my vow infront of the people and the Lord who made
us one.

16. Q: As a mother, can you explain to this honourable Court what will be
the pros and cons of your prayer to make this marriage be legally separated?
A: For me, who prays to be legally separated, as a woman and as a
mother will bring peace and healing both in the aspect of emotional and
mental state. Knowing that we can be of our separate ways, I can focus on
my children and try to fulfil the duties as a parent. I know it will be hard but
knowing that I have my children with me is more than enough to be the
source of my strength and inspiration. Moving on and accepting the fact that
I am just one of those women out there who have unsuccessful marriage.
However, this will be the saddest point of my life and this will leave
my heart broken which will be of a lifetime to mend. Yet, I have to be
stronger for the sake of my two children.

THAT WILL BE ALL FOR THE WITNESS YOUR HONOR

IN WITNESS WHEREOF, I have hereunto set my hand this day of 17

of December 2022, at Quezon City, Philippines.

CARLA CRUZ-SY

ATTESTATION CLAUSE

I, SHIRYL MAE G. SAQUING, hereby attest that I faithfully

recorded the questions propounded and the corresponding answers given by
the Respondent CARLA CRUZ-SY. I duly Interpreted the questions I asked
in the tagalog dialect which the witness understands and she provided the
answers the best way she could which were duly translated by me in the
ENGLISH Language. I did not in any way coach or taught or instruct the
witness on how to answer or any other person or persons then present or
assisting the witness regarding the latters answers.

ATTY. SHIRYL MAE G. SAQUING

Roll No. 35000-2022
IBP No. 111111-1/3/12
PTR No. 1111111- 1/3/12; Manila
MCLE Compliance III No. 1111111
Issued on April 22, 2022

SUBSCRIBED AND SWORN to before me this 17th day of

December 2023 at Tuguegarao City, Philippines
Administering Officer/Notary Public
Doc No.: _________
Page No.:_________
Book No.:________
Series of No.:______
Tuguegarao City

ATTY. BOB S. BAYAN

Roll No. 899979-2
IBP No. 808797-1/3/12
TR No. 4228364- 1/3/12;Manila
LE Compliance III No. 0013821
Issued on April 22, 2022