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: 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