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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
CITY OF MANILABRANCH ____

Dara Amores
Petitioner,

-versus- CIVIL CASE No. 16135651


For: Declaration of Nullity of Marriage
Based on Art. 26 of the Family Code
(Psychological Incapacity)
Jose Carlo Amores
Respondent,
x-----------------------------------x

JUDICIAL AFFIDAVIT OF
THE PETITIONER
This Judicial Affidavit of Dara Amores is executed to serve as her direct
testimony in the instant case. This Judicial Affidavit is offered to prove:

1. All the material allegations in the Petition:


a. that the respondent, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital
obligations;
b. that such incapacity of the respondent was manifested only after
their marriage.

2. All the ANNEXES appended thereto, which the petitioner respectfully


request to be correspondingly marked as EXHIBITS in this case; and

3. All matters related thereto, with reservation to present additional


exhibits in the course of the proceedings of the instant case.

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PRELIMINARY STATEMENT

I, DARA AMORES, of legal age, Filipino, married and a resident of 888 Eighty
eight St., Intramuros, Manila, state under oath as follows:

The person examining me is LOVELY BERNARDO, of Pearson-Spectre Law


Office, with address at 123 DKNY Bldg., Reva St., Manila.
The examination is being held at the same address. Questions were
propounded by my private counsel as aforestated, in the English language which I,
as affiant, fully understand. I am answering the questions in the same English
language, fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

Q1: Please state your name and other personal circumstances for the
record.
A: I am Dara Amores, 28 years old, and a resident of Manila.

Q2: Are you the same Dara Amores, the petitioner in this case?
A: Yes, ma’am.

Q3: Do you know the respondent in this case?


A: Yes, he is my husband.

Q4: What is the name of your husband?


A: He is Jose Carlo Amores, ma’am.

Q5: When did you get married?


A: We got married last January 9, 2004.

Q6: Do you have proof of your marriage with the respondent?


A: Yes, ma’am. The NSO Certified Marriage contract.

Q7: I have here a copy of the NSO Certified Marriage Contract No. 55265
dated January 9, 2004. Is this the same marriage contract that you
are referring to?
A: Yes, Ma’am. That is the same NSO Certified Marriage Contract issued
to us when we got married.

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Q8: How did you know that this is the same Certified Marriage Contract
that you are referring to?
A: I signed that certificate.

Q9: On the left side of this Certified Marriage Contract, there is a


signature appearing on top of the printed name Dara Amores, whose
signature is this?
A: That is mine, ma’am.

Q10: On the right side of the same contract, there is a signature on top of
the printed name Jose Carlo Amores, whose signature is this?
A: That is my husband’s signature.

Q11: How did you know that this is the signature of your husband?
A: Because we both signed this document before Mayor Leon Lopez of
Sta. Catalina, Negros Oriental.

(Manifestation: Your Honor, the witness identified the original copy of the NSO
Certified Marriage Contract which was issued to her by the National Statistics
Office. I request this Honorable Court to have this contract be marked as EXHIBIT
“A”. I also request that the signature above the printed name DARA JUBIAR be
marked as EXHIBIT “A-1” , and the signature above the printed name JOSE CARLO
AMORES be marked as EXHIBIT “A-2”. I am attaching this document to form part of
her Judicial Affidavit.)

Q12: When did you meet your husband?


A: I met him sometime in February 2003.

Q13: How did you meet Jose Carlo Amores, your husband?
A: I met him through our common friends.

Q14: Can you please describe to this Honorable Court the personality of
Jose Carlo?
A: He is very sweet and kind, he usually waits for me even late at night
after work, but sometimes he is ill-tempered.

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Q14: Why do you say so, that he is ill-tempered?
A: He gets mad and irritated to some petty things. Like, the day that a
man approached me and asked if I know a certain street. He
confronted me and told me that I should not talk to strangers and even
insisted that I like attention. There is also an instance that he left me
at the restaurant because I was not able to order his favorite food.

Q15: If he is ill-tempered, why did you allow him to court you?


A: I did not consider that he is ill-tempered, that personality was
overpowered by his sweetness and kindness. And I believed that I
sometimes make mistakes and he is entitled to get mad.

Q16: During marriage, what are your observations on the personality of


your husband?
A: His being ill-tempered got worse. He easily gets mad when I am late to
our scheduled video chats. There are times that I don’t get calls from
him or we do not chat at all. And if, we talk online, he will just complain
about his work.

Q17: Why do you video chat?


A: He is a sea man, so he is usually abroad, and he comes home once
every two years.

Q18: When he comes home, how is he?


A: Usually, on the first few days he is so sweet, he usually says that he
misses me. But after that, he goes back being short tempered, there is
this time that he yelled at me while I am serving the food to his guests.

Q19: Does your husband tell you why he yelled at you?


A: No, he did not. If I will ask him why, he will get completely mad and
throw things at me.

Q20: Can you please tell this court the instances that he throws things at
you?
A: There is this time that he was mad at his sister, but instead of
confronting her, he did not. I thought that he was controlling himself.

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But when we reached home, and I tried to talk to him what happened,
he instead threw his cellphone at me.

Q21: Do you have children?


A: No, we do not have.

Q22: You have been married for 114 years, why is that you do not have
children?
A: We almost had one, but I had a miscarriage.

Q23: Do you know why there was a miscarriage?


A: The doctor told me that the fetus was not able to hold up.

Q24: What was your husband’s reaction when it happened?


A: He was disappointed. He left me at the hospital alone.

Q25: Why did he leave you?


A: He said that I deserve to be left alone, that it was my fault.

Q26: Did you try to talk to him about that?


A: I did, I tried to talk to him, and told myself that I should understand
him.

Q27: What happened when you talked to him?


A: He just ignored me at first, and afterwards he said that he does not
like it that people are trying to cheer him up about what happened.
And he hates people approaching him about it.

Q28: How is he to other people?


A: He is okay, he has set of friends, but often times after he meets them,
he will tell me that he doesn’t like being with that huge crowd. He does
not like talking endlessly.

Q29: Is your husband always like that?


A: Yes, at first, he will pretend that he likes it, but afterwards, when we
are alone together he will tell me he hates it. There are times that you

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can see it on his face that he is irritated. And most of the time he will
leave the crowd and go to a quieter place.

Q30: How do you feel about it?


A: I felt that there is something wrong about him, and I know that his
family knew about it.

Q31: Why do you say that his family knew about it?
A: Because his sister said that he was always like that, and that they even
put him when he was a child in a special school.

Q32: What did you do when you knew his situation?


A: I tried to be an understanding wife, I told him that we should see a
marriage counselor or a psychologist. In that way, I can get him tested.

Q33: Did he accede to your suggestion?


A: Yes. He did.

Q34: When did you go to a marriage counselor?


A: We first went there in 2011. And I told the psychologist about him, and
my desire to have him checked and then later on cured.

Q35: What did the psychologist said?


A: He will talk to my husband so that he can make recommendations.

Q36: What was your husband’s reaction about having himself checked?
A: He was okay with it, he claims that we both should have it.

Q37: Did you also undergo the same checkups?


A: Yes, so at least it could help me as well.

We have no further question, Ms. Witness. Thank you.

City of Manila, February 6, 2018.

DARA AMORES
Petitioner

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SUBSCRIBED AND SWORN to before me on this __ day of February 2018 in Manila,
Philippines with affiant exhibiting to me her Government-issued identification card:

NAME Gov’t Issued ID Date of Issue/Expiration


Dara Amores

Doc. No. : _____;


Page No. :_____;
Book No. : _____;
Series of 2017.

I faithfully recorded the questions I asked Dara Amores and the corresponding
answers she gave me; and neither I nor any other person present coached Dara
Amores regarding her answers.

LOVELY BERNARDO
Affiant

SUBSCRIBED AND SWORN to before me on this 6th day of February 2018 in Manila,
Philippines with affiant exhibiting to me her Government-issued identification cards:

NAME Gov’t Issued ID Date of Issue / expiration


LOVELY BERNARDO

Doc. No. : _____;


Page No. :_____;
Book No. : _____;
Series of 2017.

Respectfully submitted.

City of Manila; 6th day of February 2018.

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By:

LOVELY S. BERNARDO
Roll of Attorney No. 123456
PTR No. 16387264; 01.07.16; Manila City
IBP Lifetime No. 7268742; 01.06.16; Caloocan City
MCLE No. 16561523

Copy furnished:

ARNEL PALMOS
Counsel for the Respndent, Jose Carlo Amores
2332 Eith St., HAHA Bldg., Hillside Avenue
Makati City

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