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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ____
CITY OF MANILA

JE ESTEBAN GARCIA CIVIL CASE NO. 12345


Petitioner, FOR: ANNULMENT OF MARRIAGE

versus

JANICE CRUZ GARCIA


Respondent.

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JUDICIAL AFFIDAVIT OF
PETITIONER

I, JE ESTEBAN GARCIA, of legal age, married, and living at 112 Natividad Almaeda
Lopez Street, Ermita Manila City, petitioner in this case, after having been duly sworn,
hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. Janne Asuncion with office address at 134
Masankay St., Sampaloc Manila. The examination is being held at the same address.
I am answering her questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of petitioner JE ESTEBAN GARCIA is being


offered to prove that the respondent JANICE CRUZ GARCIA concealed the fact that
at the time of the celebration of their marriage, the latter was pregnant , by
a man other than the former; The petitioner’s testimony is also offered to prove
the legal basis for the Petition for Annulment of Marriage on the ground of fraud.
(Article 45, Family Code).

1. Q. Please state your name and other personal circumstances for the
record.
A. JE ESTEBAN GARCIA.

2. Q. Are you the same JE ESTEBAN GARCIA, the petitioner in this


case?
A. Yes, attorney.

3. Q. Do you know a certain JANICE CRUZ GARCIA?


A. Yes, Attorney. She was the woman I married on December 16, 2014.

4. Q. How did you meet respondent JANICE CRUZ GARCIA?


A. We were classmates in law school, Attorney.

5. Q. Are you still cohabiting with JANICE CRUZ GARCIA?


No, we have been living separately for five (5) years now since 2015,
at the time when I discovered about her long term affair with AK Yap,
and that the real father of the child inside her womb was the same, AK
YAP .

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6. Q. Do you have of proof that JANICE CRUZ GARCIA and AK YAP have an
illicit relationship? And that they actually have a child?

A. Yes sir, I have with me the Birth Certificate of their child which was
duly acknowledged by AK YAP dated 2015, as hereto attached as
Exhibit "A"

7. Q. Did you have children with JANICE CRUZ GARCIA?


A. No, we have no children, Atty.

8. Q. What is the main reason for your separation?


A. JANICE CRUZ GARCIA was unfaithful to me for several times when we
were not yet married and until we get married. But at the time I found
the fact as stated, that she was impregnated by a man other than
myself, I decided to finally end our relationship, and thereby nullify our
marriage.

9. Q. How about a certain AK YAP do you personally know him?


A. Yes attorney. He was also our classmate in law school.

10. Q. Would you know the status of their relationship now?


A. Yes, attorney. They are living under the same roof with their child who
is now 5 years old, Attorney.

11. Q: Do you have common properties with the respondent during your
marriage?
A: None, Attorney.

12. Q: Did you have a pre-nuptial agreement with the respondent regarding
your properties?
A: None, Attorney.

13. Q: What are you asking this court with respect to this case?
A: I am praying that the Honorable Court would grant my petition to annul
my marriage with JANICE CRUZ GARCIA on the ground of fraud
committed by the latter.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of September
2020 at City of Manila.

JE ESTEBAN GARCIA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
city of Manila this 16th day of September 2020. Affiant personally came and
presented to me her Driver’s License issued by the Land Transportation Office on
March 09, 2012 at Manila City, as valid and competent proof of her 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. Janne Asuncion


Commission Serial No. 14344
Until December 31, 2024
Roll of Attorney 34555

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IBP. No.2222/January 1, 2005/Manila
P.T.R. No. 2223/January 1, 2016
Roll No. 2256
Email Address: JM@gmail.com.ph

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2016.

SWORN ATTESTATION

I, ATTY. Janne Asuncion, of legal age, Filipino, with office address at 134
Masankay St., Sampaloc Manila City after being duly sworn depose and say:

1. I was the one who conducted the examination of witness JE GARCIA 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 witness gave;

3. Neither I nor any other person then present or assisting her coached the
witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of


September 2020 at City of Manila.

ATTY. JANNE ASUNCION


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
city of Manila this 16th day of September 2020. Affiant personally came and
presented to me her Driver’s License issued by the Land Transportation Office on in
2017 at Manila City, as valid and competent proof of her identity and swore to me
under oath of the veracity of her allegations.

Atty. Janne Asuncion


Commission Serial No. 14344
Until December 31, 2016
Roll of Attorney 34555
IBP. No.2222/January 1, 2005/Manila
P.T.R. No. 2223/January 1, 2016
Roll No. 2256
Email Address: JM@gmail.com.ph

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2016.

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