REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BAGUIO CITY
MARIA ROSARIO CRUZ-MONTEZ,
PETITIONER, Declaration of Nullity of Marriage
under Article 36 of the Civil Code.
VERSUS

DAN JOAQUIN MONTEZ,

RESPONDENT.

X-----------------------------------------X

JUDICIAL AFFIDAVIT OF EXPERT WITNESS

I , Dr. Gerald Emiing ,of legal age and living at Loakan, Baguio City, after
having been duly sworn, hereby attest that:

PRELIMINARY STATEMENT

The person examining me is Atty. Ken A. Juanitez with office address at 3rd
Floor Porta Vaga Mall, Baguio City. 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.

The affidavit/testimony of the witness is offered to prove the state of mental

condition of the Petitioner and Respondent and serves as his testimony in
the case filed by the Petitioner.
Q: Please state your name and personal circumstances?
A: I am Dr. Gerald Bandonil and currently employed as a psychiatrist of
BGH Mental Hospital
How long you’ve been a psychiatrist? A: For almost 10 years now.

1. QUESTION(Q) : Mr. Witness, do you know the Petitioner in this

case?
ANSWER(A): Yes sir.

2. Q: Please state your name and personal circumstances?

 A: I am Dr. Gerald Bandonil and currently employed as a psychiatrist
of BGH Mental Hospital
3. How long you’ve been a psychiatrist?
A: For almost 10 years now

4. Q: Why do you know them?

A: She came to my clinic sometime in May 2011 to request for a
psychiatric evaluation on her and that of her spouse in relation to a
case of Declaration of Nullity of Marriage that she had filed.

5. Did you conduct a psychiatric study of the parties in this case?

A: Yes sir

6. Q: Now could you please tell us the manner by which you conducted
your study?
A: I did the standard procedure which was to do a detailed psychiatric
history and mental status examination by psychiatric interviews with
the petitioner

7. Who were the persons you interviewed?

A: I interviewed Maria Rosario Cruz-Montez and Dan Joaquin
Montez.

8. Q: Mr. witness, in connection with your study, what were your findings
insofar as the plaintiff is concern?
A: I assess the petitioner to be suffering from a personality disorder
classified as Dependent Personality Disorder sir.

9. Q: In terms that could be understood even by a layman, could you

please elaborate on the disorder of the plaintiff?
A. Dependent personality disorder (DPD) is an anxious personality
disorder characterized by an inability to be alone. People with
DPD develop symptoms of anxiety when they’re not around
others. They rely on other people for comfort, reassurance, advice,
and support.
This is a pervasive and excessive need to be taken care of that
leads to submissive and clinging behaviours such as the following:
needs others to assume responsibility for most major areas of her
life, has difficulty expressing disagreement with others because of
fear of loss of support and approval, and feels uncomfortable
when alone because of fear of being unable to take care of
herself.

10. Q: This kind of disorder on the part of the plaintiff, is this

chronic?
A: Yes sir. .

11. Q: is it pathological?
A: Yes sir.
12. Q: Does it boarder on a kind of neurosis or psychosis?
A: It is a neurotic disorder.

13. Now Mr. witness, you are trying to tell us that this Dependent
personality disorder is pathological and chronic. Did it gravely affect
the marriage of the plaintiff?
A: yes sir.

14. Why do you say so?

A: Because sir, Dependent personality disorder (DPD) creates
feelings of helplessness in those who have it, and their dependent
behavior can have a negative impact on their loved ones as well.

When a person has dependent personality disorder (DPD), they rely

on others to care for them and watch out for their interests.
On the surface at least, dependent personality disorder breeds
passivity, resignation, and surrender. But people who have this
disorder are often so frightened and desperate for attention that they
wield their helplessness like a weapon, manipulating partners,
parents, children, and siblings into taking care of them indefinitely.

This type of manipulation is motivated by fear of failure and

abandonment and not by malicious intent.

15. Q: Mr. with regard to the disorder of the Plaintiff, did this
disorder exist even before she entered into her marriage with the
Respondent?

A: yes sir based on my interview with her.

16. Q: Is the same disorder grave and incurable?

A: yes sir.

17. Q: How about the Respondent. Did you infer any findings as to
his personality?
A: yes sir.

18. Q: And what is your inference with regards to the personality of

the Respondent?
A: I inferred that the respondent suffers from a Narcissistic
Personality Disorder.

19. Q: In terms that could be understood even by a layman, could

you please elaborate on the disorder of the Defendant?

A: This is characterized by a pervasive pattern of grandiosity, need

for admiration and lack of empathy as indicated by the following: he
 has as a grandiose sense of self importance, he has a sense of
entitlement , he is interpersonally exploitative where he takes
advantage of others to achieve his own ends, he lacks empathy
where he is unwilling to recognize or identify with the feelings of his
wife and he showed arrogant behaviors.

20. Q: This kind of disorder on the part of the Respondent, is this

chronic? A: yes sir.

21. Q: is it pathological?
A: yes sir.

22. Q: Does it border on a kind of neurosis or psychosis?

A: yes sir.

23. With regard to the disorder of the Respondent, did this disorder
exist even before he entered into his marriage with the Plaintiff?
A: yes sir.

24. Q: Do you consider the same disorder grave and incurable?

A: yes sir.

25. Q: What then do you recommend as far as the marriage of the

parties herein is concerned?
A: Considering that the spouses both suffer from personality
disorders that are responsible for their inability to fulfill their marital
obligations, I respectfully recommend to the Honorable Court that the
petition for Declaration of Nullity of Marriage between the parties be
granted, sir.

26. Q: I have no further questions. Do you have anything to add or

retract, Madam Witness?
A: No sir.

IN WITNESS WHEREOF, I have hereunto set my hand this

24th day of January 2019 at Baguio City, Philippines

Dr. Gerald Eming

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public

in and for the City of Baguio this 24th day of January 2019. Affiant
personally came and presented to me her Drivers’ License ID issued
by the Land Transportation Office on 2018 at Pacdal, Baguio City, as
valid and competent proof of his identity, known to me as the same
person who personally signed the foregoing judicial affidavit before
me and avowed under penalty of law to the veracity of the contents of
said instrument.
 ATTY, KEN A. JUANITEZ
Notary Public
Notarial Commission No. 20-NC-20-R
Until December 31, 2020
Roll No. 20202; 4.20.2016
PTR No. 2020202 01.5.2019; Baguio City
IBP No. 2020202; 01.5.2017; Baguio City
MCLE Cert. of Compliance No. L-2020202

SWORN ATTESTATION

I, Atty. Ken A Juanitez, of legal age, Filipino, with office address

rd
at 3 Floor, Porta Vaga Mall, Baguio City after being duly sworn
depose and say:

1. I was the one who conducted the examination of petitioner Dr.

Gerald Eming at my afore-stated office.

2. I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answer that the petitioner
gave;

3. Neither I nor any other person then present or assisting her

coached the petitioner regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this

24th day of January 2019 at La Trinidad Benguet.

ATTY. KEN A JUANITEZ

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public

in and for the city of Baguio to me his Tax Identification Number ID
issued by the BIR on 2018 at Pacdal, Baguio City, as valid and
competent proof of her identity and swore to me under oath of the
veracity of her allegations.

Atty. Isko Moreno

Notary Public
 Notarial Commission No. 10-NC-20-R
Until December 31, 2020
Roll No. 20202; 4.20.2016
PTR No. 1111112 01.5.2019; Baguio City
IBP No. 1112; 01.5.2017; Baguio City
MCLE Cert. of Compliance No. L-111112