October 28, 2019

Appearances

Yza Marie Mendiola for Petitioner

Joey Sulte for Respondent

Judge: Ready for Pre-Trial?

Parties: Ready your honor

Pre-Trial Conference

Judge: May I now ask the Parties their proposals for admissions, let’s start with the petitioner

Petitioner: We propose the following stipulation of facts, that there was marriage, 3rd that the child
was born in wedlock, 4th that there was no property acquired by the spouses, 5 th that they were
defacto separated,

Judge: What do you say respondents, regarding the proposed admissions on the identity of the
parties?

Respondent: We admit such facts or stipulations as discussed by the counsel of the petitioner. We
also admit the fact that the marriage between the parties, the parties having been married on July 21,
2013. That the child was born in wedlock. That there is indeed a defacto separation between the
spouses, and that attempts to reconcile failed

Judge: The respondents admits all the proposed stipulations of facts by petitioner, am I correct?

Respondent: We deny fact 4, wherein petitioner stipulated that no property was acquired by both
spouses?

J: Do you have proof? That there was property acquired

R: Yes your honor, in fact, it was alleged in the answer that the respondent bought a one bedroom
condominium and that the parties lived in said condominium

J: Do you have any documents to support such acquisition?

R: We will present a contract to sell executed between Respondent De Guzman and SM. In support of
this we will also present a REM executed between BPI and respondent De Guzman.

J: Are there any other proposals or stipulations denied by respondent?

R: We propose that respondent never got back together with his girlfriend, Ana Del Rosario, they
broke up because of petitioner’s jealousy. 2nd, Respondent never slept with a girl in his stag party. 3 rd,
The parents were supportive of the marriage and let them stay in the condominium bought by the
parents in consideration of the marriage.

J: Because of the several proposals, I will ask first if the first proposal be denied by Petitioner

P: It is our position that respondent got back together with his ex-girlfriend

J: What about the 2nd proposal?

P: It is out position that he indeed slept with a girl, so we deny.

J: Do you have evidence?

P: We will present a witness your honor

J: What about the 3rd proposal, where the parents supported the marriage and let them stay in their
house while waiting for the turnover of the condominium

P: We admit insofar that the parents were supportive, but we deny insofar as the acquisition of the
one bedroom condominium is concerned.

J: Do you have proof that they did not purchase any real property?

P: The petitioner will testify as to this fact

J: Okay, next proposal by R

R: That all the names in R’s cellphone are his clients

J: Any comment or objection?

P: No objection as to this

J: All the names and the contact numbers in respondents cellphone are his clients?

P: This is admitted your honor

R: Next, Elijah Ong was his client and got unreasonably close and comfortable with respondent

P: This is denied your honor

J: Next proposal

R: Respondent was only late due to the heavy traffic of the metro and because he forgot to charged
the phone, because his wife was not home anymore when he arrived home and thus he panicked

P: This is denied your Honor

R: Respondent’s perceived absence in the marital home, is due to his work to have enough to support
them in payment for monthly dues

P: This is denied

R: Respondent loves his son, ronald jr, like any father would.

P: This is denied

R: Respondent never brought any other visitors home

R: Respondent never gambled, he only came with his client, Ellijah to comfort him. Ellijah had a
known gambling habit

P: Denied your honor, Family friend will testify otherwise

R: R never pushed the petitioner nor performed any acts of violence

P: Denied

R: R never engaged in any illicit relationship during his marriage with the P

P: Denied

R: Respondent was not at home when the alleged incident happen as he was eating out with friends

P: Denied

R: Petitioner left their marital home and stopped communicating with respondent as she was no
longer happy with his salary of 26k as it could not support her luxurious lifestyle

P: Denied, will present a FS to refute this

R: R only agreed to seperation de facto as he was tired of petty fights and P’s jealousy

P: R bought a one bedroom condominium unit in Paranaque, and they started living there in Aug 3,
2018

P: Denied

Judges

P: Our issue your honor is w/n respondent is psychologically incapacitated from fulfilling the marital
obligations under art 36 of the FC to render the marriage a nullity

J: Same issue for respondents, let us now proceed to presentation

P: Marriage certificate to prove the existence of the marriage as Exhibit A, Birth certificate of Jr to be
marked as exhibit B, Psychological report, to be marked as exhibit C. We reserve the right to present
additional documentary evidence that may prove relevant during the trial.

J:

R: CTS of Condo Unit, Exhibit 1. Contact of loan agreement and REM, as exhibit 2. Certificate of
Employment of the respondent at Anytime Fitness, as exhibit 3. ID card of the respondent at Anytime
Fitness as exhibit 4. Statement of Account of respondent’s BPI Credit Card as exhibit 5. We reserve the
right to present additional documentary evidence that may prove relevant during the trial.

J: Witnesses of Petitioner?

P: We have 5 your honor. The Child, Ronald JR

J: How old is the Child?

P: 5 years Old, your honor

J: Let us then observe the child witness rule

P: We will also present Enday Reyes, housemate. Close family friend. Terrence, the psychological
expert. Ellijah Ong, the client. Ana Del Rosario, the ex-girlfriend.

R: First we will present the respondent himself, Ronald De Guzman. 2 nd is Edgar de Guzman, the
brother of the respondent. 3rd, is Jasfher Callejo, friend of the respondent. 4th is Tepi Dayanghirang, a
nurse. 5th Jermone Muarip, one of the gym instructors. 6th Eenah Padilla, one of the friends present
during the dinner with his friends. 7th Clinical Psychologist, we request that since Badeth Otico cannot
be presented, that she be replaced with Angela Ong

J: So Angela Ong also performed the required tests?

P: Yes your honor

P: Next we present Desiree. We reserve the right to present further witnesses as they may appear
relevant in the case

J: Trial Dates? Kindly Check our Calendar

S: Every Monday your honor

J: First 3 is the setting for presentation of evidence of petitioner and the last 3 will be for the setting of
the presentation of evidence by respondent.
Call The Case:

Appearances:

Atty Marata and Atty Mendiola for Petitioner

Atty Sulte as counsel for respondent

J: Call your first witness

P: We present our first witness Inday Reyes, to determine whether or not respondent has psych
incapacity

J: Swear in the witness

W: Ako po si Inday Reyes, Taga Bicol City, Bicol. Katulong po ako nina Mam Ligaya.

Your Honor, Inday Reyes, house help of the petitioner and respondent

J: Okay Please take your seat, Atty Marata

A: We’re formally offering Inday Reyes to determine whether or not respondent is psychologically
incapacitated?

J: Can you be more specific? Because such an issue should be determined by the psychologists

A: She’s here to testify as to the fact of the visitors in respondent’s house in relation to his ability ot
be able to perform marital obligations?

J: Proceed

A: Madam witness will you please explain to us who you are and what your job is?

W: The witness is the house help of Joy and Ronald De Guzman

W: I take care of the child, the home and other responsibilities that may be assigned to me from time
to time

A: When did you start working for R?

W: July 2014.

A: How long have you worked for them?

W: 5 years

A: Who pays for your salary?

W: Mam Joy hands me my salary

A: How much is your salary?

W: 7k Per month, but I started at 5k per month

A: Madam witness, you said that you took care of Ronald JR. Can you describe to us what Ronald Sr
did to his son?
W: Mr. De Guzman, works at night and never comes home. While Ronald De Guzman is working, the
child is at school

A: Is he like this the whole week?

W: Respondent works from Monday to Friday, but from Sat to Sunday he cannot be found also

A: Has Mr De Guzman stated where he can be found?

W: No, even Mrs De Guzman asks me if I know but I have no answer for her

A: What time does Mr. De Guzman come home on weekends?

W: It varies, sometimes late at night and sometimes he never goes home

A: So you mean to say that Respondent does not have time for his child?

W: Yes sir

A: Even during special occasions like his sons birthday?

W: During Birthdays sir he just calls home to greet JunJun

(A: How does he act around the house when he is with his wife

W: )

RA: OBJECTION YOUR HONOR, we are alleging that it is mere speculation

PA: We are just trying to establish facts

J: Objection Sustained, last question stricken off the record.

A: Does Mr. De Guzman bring home visitors

W: He brought home several visitors, several women and in one instance a man.

A: Do you know the days of the week where he brings in visitors?

W: Mr. De Guzman brings visitors whenever Mrs De Guzman is not around usually during Mondays
thru fridays

A: You said that Mr. De Guzman brought home female visitors? What business does he do when he
brings them home?

I:

W: Sa totoo lang po, di ko alam sir. Nagpapagawa lang po ng sandwich and juice and pinapadala nlng
po sa kwarto nila kung saan po sila nagbubusiness.

I: He asks us to prepare sandwiches and juices and brings it to the room

A: Do you hear anything from the room?

W: May narinig po ako isang beses ng Ungol

I: Witness heard a moan

W: Pagkatapos po nun nanunuod nlng po ako ng TV pag maybisita

A: How long is the visit usually?

W: Usually one to 2 hrs.

A: What does Mr. De Guzman do when he comes out of the room?

W: Paglabas po nila sa kwarto sir, diretsyo po si Mr. De Guzman sa banyo para maligo

I: He goes to the bathroom directly to take a bath

A: Did any of the female visitors interact with you?

W: Meron po sir

I: There was

A: Who was that person?

W: Mayroon po sya nadala mga senior citizen na po

I: Mr. De guzman brought home a lady that might already be a senior citizen

A; what about the male visitor, what business does he do?

W: Katulad rin po ng mga nadala ng babae ni sir sa bahay, nagkulong po sila and nagpadala ng juice.

I: Same as the female visitors, they went to the room and asked for juice

A: is the male visitor a regular visitor?

W: Minsan lang po sya bumibisita

I: Sometimes

A: Does the wife know of any of this?

W: Meron pong isang beses nalaman po ni Mam ang pagbisita ng lalake

I: One instance where Madam learned of the visit of male visitor

A: Did you ever report any of these instances to Madam Ligaya?

W: Lahat ng gagawin ng Amo kong kababalaghan tago ko daw po, sabi ng nanay ko

I: Her mom told her not to share anything that husband would do (NOTE Objection by R that the
literal translation is her bosses not just husband)

A: Do petitioner and respondent ever fight?

W: Minsan po nagsisigawan sila, pero meron po isang incidente na hindi ko makakalimutan na natulak
po ni sir si mam at napahiga si madam sa sahig at humingi siya ng tulong sa akin

I: They shout at each other but there was this one incident when R pushed P on the floor and she
asked helped from me
A: What was the reason of the fight?

I: After a few days from the visit of the male visitor, shouting in the room. I heard Ms. Ligaya shouting
at Sir, saying who is this? What is this? You’re! Gay

A: What did the respondent do when Madam Ligaya asked for helped after being pushed to the floor

W: He shouted at me and said Go on and side with her!

A: Are you saying that the respondent did not help petitioner?

W: Hindi Po sir

I: No sir

A: Do you know the exact reason why they separated?

W: Pagkatapos ng away na matindi, hindi na bumalik si sir sa bahay

A: What was the reason for that fight?

W:

I: I just heard them shouting at each other and Ms Ligaya shouted that Mr. De Guzman was cheating
on her

A: When they separated who were you with?

W: Kay Mam Joy, kasi po siya ang nagpapasweldo sa akin

A: Did Mr. De Guzman ever come back?

W: Bumalik lng po ng mga 2 beses para makuha ang mga gamit niya

A: Did he ever talk to Ms. Ligaya

W: Nakausap lang niya si Madam

I: Ms. Ligaya only talked to Mr. De Guzman because of the hospital bill acquired due to the injuries
suffered from the fall

A: Madam witness, let’s go back to how the respondent deals with the child. When the child comes
back from school, how does the respondent treat him?

I: Mr. De Guzman is always talking to someone on the phone, and whenever Junjun comes close to Sir
to play with him, he shoos him away.

A: Who helps the child with the homework at home?

I: The one who helps the child is Ms. Ligaya because she is the smarter of the two

R: Objection your honor we are of the opinion that witness cannot answer this question and has no
sufficient basis to do so.

A: Who actually brings junior to school and Was there ever a time where respondent was the one
who brought Junjun to school?
I: Often it is Madam Ligaya

A: How about the milk and the diaper? Who usually pays for the milk and the diaper of Junjun?

I: Often it is Ms. Ligaya who hands the money.

A; Let’s move on from the child. Madam witness, how does the respondent behave around you?

W: Mabait po pero minsan minamanyak ako

I: Sometimes he is behaved but sometimes minamanyak niya ako

A: Can you describe a certain instance of this happening?

W: Pagkatapos ko po malig

I: There was this instance when I was taking a bath and when I went outside the bathroom only
wrapped in a towel, Mr. De Guzman was waiting outside and he told me that I was getting slimmer

A: how many times did you say this has happened?

I: Everytime I take a bath Mr. De Guzman was there

A: Has there ever been Physical Contact?

I: Sometimes, when Mr. De Guzman passes behind he would touch my back and say excuse me

A: Would you say that there is not enough space in the condo to merit that excuse?

I: No, even when the back is very spacious he would still rub against me and even touch my wrists

A; Have you ever told Mrs. De Guzman of any of these instances?

I: No, because my mother told me not to talk about any of my boss’ troublemaking otherwise I would
lose my job

A: Do you do the groceries for the household?

I: Sometimes alone, sometimes with madam Ligaya

A: Who pays for the groceries?

I: Madam Ligaya everytime

A: Would you know who pays the rent of the condo?

R: OBJECTION, she is incompetent to answer the question

A: That is why we are asking, to determine if she is competent

W: Minsan si Madam Ligaya ang nagaabot ng bayad sa landlord

I: Sometimes it is Madam Ligaya who hands the rent to the landlord

A: No Further questions your honor

Judge: Cross?
R: Miss witness, you mentioned earlier that you were hired by the petitioner?

W: Yes po sir

I: Yes sir

R: How were you hired by her?

W: Ang nanay ko po ay dating katulong ng pamilya ni Madam Ligaya

I: My mom was the previous maid of Ligaya’s family

(R: Considering the fact that her mother was previously employed by the family of the respondent,
can we assume that your loyalty is towards the petitioner?

A: OBJECTION YOUR HONOR, the question calls for speculation)

J: Sustained, reformed your question

R: Have you met the petitioner before being hired?

I: No sir I was raised in Bicol

R: was it the petitioner who hired you personally or was she with respondent when she hired you?

W: Magasawa na po sila noong kinuha po nila ako, so sila pong dalawa ang kumuha sa akin

I: They were already married so it was both of them that hired me

R: You mentioned earlier that you are the cleaner, the yaya, the cook and that you do anything that
the couple requests you to do

W: Opo

I: Opo

R: Miss witness, can you state before this court your daily schedule in the house

W: Nagising po ako ng 4 am ng umaga, magluluto po ako ng almusal ng 5 am po, tapos maglilinis po

ako ng bahay tapos manunuod po ako ng Kadenang Ginto. Tapos pagkatapos manuod ng TV,
maglalaba po ako. Tapos magluluto na po ako ng hapunan dahil pagdating ni Junjun gutom na po siya.
Tapos pagkatapos ko po siya pakainin, papatulogin ko na po siya at maglilinis po ng kusina

I: I wake up at 4 in the morning, cook breakfast for petitioner at 5 am for the son and the wife, and
after cleaning watch Golden Chain afterwards.

R: So usually at a daily basis, at what hour do you finish your work?

W: Mga 10 pm po sir

I: Usually 10 pm sir

R: what do you do after that?

W: Natutulog po syempre sir?

I: Go to sleep of course

R: You mentioned earlier that the respondent, Mr. De Guzman, usually goes home late.

W: Ang Sabi ko po sa gabi po ang trabaho niya

I: I said it is during the night that he works

R: What time does the respondent usually leaves the house for work?

W: Mga 9pm po sir

I: About 9pm

R: At what time did he come back to the house?

W: Mga 6 or 7 sa umaga

I: 6 or 7 in the morning

R: When the respondent arrives at the house, what does he do?

W: Diretsyo po sya sa kwarto and natutulog po siya doon hanggang showtime

R: was there any point during the period that Mr. De Guzman went out of the room

W: Opo sir pag naihi or nagutom

I: Whenever he urinates or gets hungry

R: You mentioned during your earlier testimony that there were instance that Mr. De Guzman would
bring home alone with him some clients

P: OBJECTION, Witness never mentioned that visitors were clients

J: Kindly reform your question R:

R: You mentioned that R brings home visitors?

W: Yes sir

R: Is there ever anything unusual that he asks that you prepare for the visitors?

W: No sir it is only juice and sandwich

R: Is it not normal for a homeowner to offer sandwiches and juices to visitors?

P: OBJECTION it calls for speculations

J: Court will allow it

W: Normal sir

R: You mentioned that there were instances that when someone visited, you would heard moans
inside the room. How did you notice or come to hear the moans inside the room?

W: Sa sobrang lakas po naririnig ko po kahit takpan ko po tenga ko

I: even if I covered my ears I could still hear it because of its volume

R: Can you describe the moan you heard inside the room?

W: Gagawin ko po ba sir nahihiya po ako, Narinig ko po sabi ni sir “Oh Yes” “Ang Sarap mo”

I: Oh yes, you are so delicious

R: How did you know that it was respondent that was uttering the phrases

I: I know the voice of Mr. De Guzman and it was really loud

R: Miss witness, can you describe the distance between the bedroom and from where you heard the
moans?

W: From my position in the sala to the window

JUDGE: Can the parties stipulate the distance of the witnesses’s position from the sala to the window?
Atty Mendiola?

Mendiola (P) : 2 meters

JUDGE: Attorney Sulte?

Sulte R: 2 and a half

JUDGE: Let’s place it between 2-2 1/2 meters.

R: Aside from the moan what else did you hear or notice

W: It seems that the bed was shaking

R: Can you tell the court what the bed was made of?

W: It was made of Palochina wood?

R: Was there a foam in the bed?

W: Of course there was sir

R: During that time where was Junjun?

W: napasok po si Junjun sa iskwela

I: Junior went to school

R: So you can say that it is the only the respondent, the visitor, and you who were at home?

W: Opo sir

I: Yes sir

R: During those times, you do not do anything?

W: Wala po sir kasi tapos na po ako sa gawaing bahay po.

I: No sir because I was done with my chores

R: You mentioned earlier that, the respondent has intentions to manyak you. How many instances
were these?

W: Sa sobrang dami po sir di ko na mabilang

I: It was too many to count

R: Despite those harassments that you allege, why did you choose to stay in the house?

W: Eh kasi po, hindi pa po sapat ang pera ko po para makauwi sa Bicol

I: My money was not enough for me to be able to go home to Bicol

R: So are you saying that money is more important thatn your reputation?

P: OBJECTION YOUR HONOR< SPECULATION

J: Reform your question

R: How much do you need money?

W: It is not in the money that my world revolves around

R: But you mentioned that despite the harassments earlier that you stayed in the house because you
needed the money?

W: Opo eh pano po ako aalis if wala po ako pera

R: is this not a conflicting a statement on your part?

W: I did not say that I will die foe the money

R: But it was your reputation and honor on the line was it not is that not more important than
money?

P: OBJECTION YOUR HONOR, Witness being harassed

W: Hindi naman po nya na ano ung puri ko po

I: He did not ruin my honor

R: You mentioned earlier that the incidents happened at the condo am I right?

W: Yes sir

I: Yes sir

R: Your honor we would like to manifest that the couple lived in the condo that was mentioned earlier
in the evidence.

JUDGE: Okay

R: You mentioned earlier that the alleged harassment was made after you took a bath, usually at what
hour did you take a bath?

W: Sa tanghali po kasi mainit

I: at noon because it is hot

R: But you mentioned earlier that the respondent after going home, locked himself inside the room.

P: Objection your honor the question is misleading, witness stated that respondent is awake by
showtime

JUDGE: Sustained

R: how did you arrive at the conclusion that the statement by respondent that you are getting slim
was a form of harassment?

W: Nakatingin po siya sa akin mula ulo hanggang paa at nakatingin po sya sa dibdib ko

I: He looks at me from head to toe and he stares at my chest

R: Ms. Witness, regarding the payment of expenses. How do you know that it was ms. Respondent
that was paying for the normal expenses of the household?

W: Kadalasan po sir, nakikta ko po si Mam sa gabi sa may Kusina na nagcocompute gamit ang
calculator.

I: Oftentimes, I see Mrs. De Guzman computing at night using a calculator

R: You mentioned earlier that it was Mrs. De Guzman who gave you money for the groceries?

W: Yes sir

R: How can you be so sure that it was Mrs. De Guzman’s money and not the respondents?

P: OBECTION YOUR HONOR- Witness incompetent to know the answer

R: Exactly your honor, we are just trying to show here how much knowledge witness has regarding
the finances of the family

JUDGE: Objection overruled

W:Everytime before we proceed to the grocery we go by the ATM and withdraw money before going
to the grocery

R: Are you familiar with online transactions?

W: No sir

R: You mentioned earlier that Mr. De Guzman pushed mrs De guzman

W; Yes sir

R: How can you say that it was on purpose?

W: I did not say that it was intentional but only said that she was pushed

R: But based on your observation can you ay that she was pushed
W: I did not see the actual happening but Mrs De Guzman told me what happened and that it was
respondent who pushed her

R: We would like to manifest your honor that the statements of witness here is conflicting she earlier
said in the direct examination that she saw the actual pushing. How come witness, you are now
controverting your earlier statement?

W: I did not say that I saw him Push mrs De Guzman.

R: Ms witness, can you clarify the instance that you stated earlier. Can you explained what happened?

W: Narining ko po sila nagsisigawan sa kwarto, tapos may narinig po ako na thud and pagkatapos
narining ko po si Ms. Ligaya na humihingi sya ng tulong skin. At pagkatapos ko po tulungan si Madam
Liguya, sinabihan ako ni sir na Cge, kampihan mo yan. Pagkatapos kwinento ni Madam Ligaya ang mga
nanyari

R: So are you saying that you do not have personal knowledge of what actually transpired?

W: With what I saw and heard, that is all I can say

R: In what position did you see Ms. Petitioner when she asked for helped?

W: Nakahandusay po siya sa sahig at nakakapit sa kama

I: She was on the floor and holding on to the bed

R: Can you clarify what part of the house were you situated when it was ongoing?

W: Sir nasa sala po ako nanunuod ng TV

I: I was in the living room watching TV

R: Ms witness, you mentioned earlier that respondent never attended the birthday of Junjun and that
he just called to talk to Junjun

W: Opo sir

I: Yes sir

R: How many times have those instances happened?

W: Tatlong beses po mula sa pagpasok ko and pagalis ni sir

I: 3 times from the moment I started working and from the moment sir left.

R: May I request for continuance

JUDGE: Inday Reyes, was presented today on direct examination and cross examination. Considering
that the witness will still be subject to lengthy cross examination petition for continuance. August 4,
2019. The Court will no longer issue a subpoena and will attempt to hear the course on August 4.