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REPUBLIC OF THE PHILIPPINES


First Judicial Region
Regional Trial Court
Branch

Elenita Salamat-Magdaleno, Plaintiff Civil Case No. ___


-versus- For: Declaration of Nullity of Marriage

Joel H. Magdaleno, Defendant


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JUDICIAL AFFIDAVIT

I, DIANDRA A. REYES, of legal age, married, Filipino Citizen and with office
address at Department of Psychiatry, Cebu City, after having been duly sworn to in
accordance with law, hereby depose and state that:

I am the psychiatrist engaged by the plaintiff in this case to conduct the


Psychiatric Study and evaluation of the parties;
In relation to the above-entitled case, the counsel Atty. Julie Tanya Pimentel-
Lanzar at his office located at Door # 3, Keppel Building , Archbishop Reyes Ave., Cebu
City, asked me questions which questions I answered while I was in my clinic, fully
conscious that I did so under oath and that I may face perjury and any other criminal
liability for false testimony;

The questions asked by Atty. Julie Tanya Pimentel-Lanzar and the answers I gave
are as follows, to wit:

1. QUESTION (Q): Madam Witness, do you know the plaintiff in this case?
ANSWER (A): Yes sir.

2. Q: Why do you know her?


A: She came to my clinic sometime in January 2018 to request for a
psychiatric evaluation on her person and that of her spouse in relation to a case of
Declaration of Nullity of Marriage that she had filed.

3. Q: Did you conduct a psychiatric study of the parties in this case?


A: Yes sir.

4. 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. I also
subjected the petitioner to a battery of psychological tests. Collateral informants
were interviewed. The information gathered was then studied and collated to
make a written report.

5. Q: Who were the persons you interviewed?


A: I interviewed Ms. Judy Alonzo, older sister of the petitioner Sir.
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6. Q: Were you able to interview the Defendant?


A: No Sir.

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

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


elaborate on the disorder of the plaintiff?
A: 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.

9. Q: This kind of disorder on the part of the plaintiff, is this chronic?


A: yes sir.

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

11. Q: Does it boarder on a kind of neurosis or psychosis?


A: It is a neurotic disorder.

12. Q: Now madam 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.
13. Q: Why do you say so?
A: It had adversely affected the marriage because the disorder rendered the
petitioner incapable of performing the obligations required in a marriage.

14. Q: Madam witness, 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.

15. Q: Is the disorder on the part of the Plaintiff clinically proven by your findings?
A: yes sir.

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


A: yes sir.

17. Q: How about the Defendant. 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 Defendant?
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?
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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 Defendant, 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 Defendant, 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: madam witness, did you put your findings in writing?


A: yes sir.

27. Q: if the said written report you mentioned will be shown to you, will you be able
to identify it?
A: yes sir.

28. Q: I have here a document which purports to be a psychiatric evaluation report,


dated February 21, 2018, can you please kindly go over it and tell this Honorable
court its relation to the document you are referring to.
A: Sir, this is the same psychiatric evaluation report that I have made.

29. Q: Found on the last page of the same document is a signature above the
typewritten name Dr. Diandra A. Reyes MD, whose signature is that?
A: It is my signature, sir.

30. Q: I have no further questions. Do you have anything to add or retract, Madam
Witness?
A: No sir.

31. Q: Are you willing to sign your statement?


A: Yes sir.
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Affiant
PRC ID No. _____
Issued on ,August 4, 1992
At PRC, Manila

SUBSCRIBED AND SWORN to before me, this 27th day of February 2020, in the City
of Cebu, Philippines, affiant exhibiting to me her proof of identification as indicated
below her typewritten name.

Atty. Brian Miranda


PTR No. 152525/January 6,2020/Makati City
IBP NO. 182727/January 8,2020/Makati City
ROLL NO. 726615
MCLE Compliance No. V-815263/April 21,2022

Doc. No. 8;
Page No. 11;
Book No. 23;
Series of 2020
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SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR


SUPERVISED THE EXAMINATION OF THE WITNESS

The undersigned ATTY. MARIO BATONGBACAL, of legal age, married, and


with law office address at Villanueva, Romulo, Palabra Law Office, 6 th floor, RCBC
Tower, Ayala Ave. cor. Gil Puyat Ave., Makati City under oath, deposes and states:
1. He is the Legal Counsel for the plaintiff in the above-entitled case;
2. He faithfully recorded or caused to be recorded the questions he asked and
the corresponding answers that the above-named witness gave;
3. Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers; and
4. He conducted the examination of the witness at his law office located at
Villanueva, Romulo, Palabra Law Office, 6th floor, RCBC Tower, Ayala Ave. cor.
Gil Puyat Ave., Makati City

Makati City
February 27, 2020

Atty. Mario Batongbacal


PTR No. 176543/January 2,2020/Makati City
IBP NO. 525265/January 2,2020/Makati City
ROLL NO. 817615
MCLE Compliance No. V-765345/April 22,2022

SUBSCRIBED AND SWORN to before me, this 27th day of February 2020, in the City
of Cebu, Philippines, affiant exhibiting to me her proof of identification as indicated
below her typewritten name.

Atty. Brian Miranda


PTR No. 152525/January 6,2020/Makati City
IBP NO. 182727/January 8,2020/Makati City
ROLL NO. 726615
MCLE Compliance No. V-815263/April 21,2022

Doc. No. 9;
Page No. 12;
Book No. 23;
Series of 2020

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