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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ____, LAS PIÑAS CITY

MARIA LEA C. SALONGA,

Petitioner,
-vs-
CIVIL CASE NO.: ________
FOR: DECLARATION OF
NULLITY UNDER
ARTICLE 35 OF THE
FAMILY CODE
(Bigamous Marriage)

AGATON L. MULACH,

Respondent.
x-----------------------------------------------x

JUDICIAL AFFIDAVIT OF REVEREND HERNANDO L.


MENDOZA

I, HERNANDO L. MENDOZA, Filipino, 68 years old, single,


and with address at St. Joseph Parish Church, Loboc St., Tandang Sora,
Quezon City, subscribing under oath, respectfully submit my Judicial
Affidavit which shall serve as my direct testimony, the questions and
answers of which are in English, a language known and understood by
me. I am being questioned by Atty. Gianina S. Legaspi, a lawyer from
Legaspi and Lee Law Office, here at St. Joseph Parish Church, Loboc St.,
Tandang Sora, Quezon City. I answered the questions asked of me fully
conscious that I do so under oath and that I may face criminal liability for
false testimony or perjury.

I, ATTY. GIANINA S. LEGASPI, with office address at Torre


Magnifica, Almanza Uno, Las Piñas City, was the one who conducted the
direct examination of the witness.
Offer of the testimony: Your Honor, we are offering the
testimony of Hernando L. Mendoza for the following purposes:

(1) To prove that he has personal knowledge of the marriage


celebrated between Agaton Mulach and Eleanor Domingo;
(2) To prove that he was the officer who personally solemnized the
marriage between Agaton and Domingo on June 20, 1976; and
(3) To identify pertinent documents.

Questions and Answers:

1. Q: Please state your name and other personal circumstances.


A: Hernando L. Mendoza, Filipino, 68 years old, single, and with
residence at St. Joseph Parish Church, Loboc St., Tandang Sora,
Quezon City. I am the incumbent Parish Priest of St. Joseph Parish
Church in Tandang Sora, Quezon City.

2. Q: Why are you here today?


A: I came here to testify.

3. Q: And what are you going to testify about?


A: I am going to testify about the marriage between Agaton
Mulach and Eleanor Domingo.

4. Q: How did you come to know about the marriage between Agaton
and Eleanor?
A: I know it because I was the one who solemnized the marriage
between Agaton and Eleanor. Also, I personally know Eleanor,
since she used to be an active volunteer in the church.

5. Q: Do you have any proof to support your claim?


A: Yes. I have a copy of the Certificate of Marriage of the parties
to such marriage dated June 20, 1976, registered before the Local
Civil Registrar of Quezon City. On the Certificate, I have my name
written on Item no. 19 with my signature affixed on top of it.

6. Q: Where is that document you are referring to?


A: Here it is. (Witness showed the Marriage Certificate and pointed
to the portion where the solemnizing officer indicated his
signature.)

Manifestation: Your Honor, witness referred to a Marriage


Certificate dated 20 June1976 with the portion bearing the name and
signature of the witness which we request to be marked as Exhibit
“B-1”.

7. Q: You have mentioned that you are a Parish Priest. How long
have you been a solemnizing officer?
A: I had been solemnizing marriages since March 1976, a year
after I was ordained of priesthood in 1975.

8. Q: What gave you such authority to officiate marriage ceremonies?


A: I was issued a Certificate of Authority by the Roman Catholic
Diocese of Novaliches in January 1976 duly registered with the
Civil Registrar General of Quezon City, allowing me to solemnize
marriages within the Philippines.

9. Q: Where is that Certificate you are referring to?


A: I have here the copy of such Certificate dated January 15, 1976
with my name printed on it and with the name and signature of the
issuing officer of the Diocese of Novaliches and its corresponding
Certificate of Registration issued by the Civil Registrar General.
(Witness pointed to the names and signature mentioned)

Manifestation: Your Honor, witness referred to a Certificate of


Authority dated 15 January 1976 and the Certificate of Registration
which we request to be marked as Exhibit “C” and “Exhibit “D”
respectively.

10. Q: When was the Marriage License submitted to you by the


contracting parties, if there is any?
A: If I remember right, it was given to me by Agaton Mulach the
day before the actual wedding.

11. Q: What events transpired during the wedding day on June 20,
1976?
A: I officiated the wedding between Agaton Mulach and Eleanor
Domingo in St. Joseph Parish Church where I presided, at 2pm of
Sunday afternoon. The two personally appeared before me and
declared that they take each other as husband and wife. It was
witnessed by their two daughters, the parents of both Agaton and
Eleanor, and few relatives and godparents. Photos were also taken
during and after the ceremony.

12. Q: What did you do after that?


A: Like I would always do, two days after the solemnization of the
marriage, I submitted the Marriage Contract and the copy of the
Marriage License with the Local Civil Registrar of Quezon City
and it was duly registered.

13.Q: In connection with this case do you remember having executed


an affidavit?
A: Yes.

14.Q: Showing to you an affidavit of one Hernando L. Mendoza, is


this the same affidavit you are referring to?
A: Yes, that’s my affidavit.

Manifestation: Your Honor, witness identified his Affidavit dated 29


February 2020 which we request to be marked as Exhibit “E”.

Nothing further, Your Honor.

HERNANDO L. MENDOZA
Affiant

SUBSCRIBED AND SWORN to before me this 29 day of


February 2020 at Tandang Sora, Quezon City. Affiant personally
appeared before me and exhibited his Tax Identification Card with TIN
No. 82753-091 as competent evidence of his identity.

Doc. No.:35;
Page No.:87;
Book No.:2;
Series of 2020.

LAWYER’S ATTESTATION

I, GIANINA S. LEGASPI, Filipino, of legal age, and with office


address at Torre Magnifica, Almanza Uno, Las Piñas City, after having
been duly sworn in accordance with law, hereby depose and state that I
myself conducted and/or supervised the examination of the witness on __
February 2020 at St. Joseph Parish Church, Loboc St., Tandang Sora,
Quezon City , and that I faithfully recorded or caused to be recorded the
questions I asked of Hernando L. Mendoza, and the corresponding
answers given by him, and that neither I nor any other person then present
or assisting me coached the witness regarding his answers.

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


February 2020 at Tandang Sora, Quezon City.

GIANINA S. LEGASPI
Attesting Lawyer
Legaspi & Lee Law Office, Torre Magnifica,
Almanza Uno, Las Piñas City
Roll of Attorneys #54851
IBP #123456, 01/04/19, Las Piñas City
PTR #654321, 01/06/19, Las Piñas City
MCLE Comp. No. IV-0089876, 01/02/19

SUBSCRIBED AND SWORN to before me this 29 day of


February 2020 at Tandang Sora, Quezon City, affiant exhibiting to me
her Driver’s License No. N26-00-043259, with expiry on 7 April 2022, as
competent proof of identification.

Doc. No.:36;
Page No.:88;
Book No.:2;
Series of 2020.

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