Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 0_
Aparri, Cagayan

TINA M. ISRAEL Civil case # 34567

Plaintiff, For

Declaration of Nullity of
Marriage, Petition to Cancel
-versus- the Marriage Contract for
being Null and Void

JOEL T. ISRAEL
Defendant.

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JUDICIAL AFFIDAVIT

The person interrogating me is Atty. Divine Grace Berbano with

office address, #05 ABC Building., Centro 1, Aparri, Cagayan Valley. The
interrogation is being held at the above-mentioned place. The questions
asked of me were propounded in English but were faithfully translated in
Tagalog, which I speak and understand.

I am answering her questions fully conscious that I do so under oath

and may face criminal liability for false testimony and perjury.

OFFER OF TESTIMONY

We are offering the testimony of the complainant, your Honor, to

prove:

1. That the marriage celebrated on April 28, 2001 at Gattaran

Cagayan was void for the absence of marriage license .
 2. That the actual marriage ceremony was held on April 28, 2001
at Gattaran Cagayan, and there was no other marriage ceremony that was
conducted other than the said date and place.

3. That the actual marriage was solemnized in Gattaran by

Aglipayan Priest, Fr. Alexander Bago, the parish priest of Lallo Cagayan,
despite the fact that the complainant and defendant do not belong to
Aglipayan Religion.

4. That the date and place of marriage indicated in the marriage

certificate , that the marriage was celebrated at Lallo Cagayan, and that
the ceremony was done on September 8, 2001 is simulated.

5. That the simulated marriage on September 8, 2001 (what

appears on record in the Marriage Contract) is void due to absence of a
marriage ceremony.

6. Other matters in relation thereto.

DIRECT EXAMINATION

1. Q: Kindly state your name, age, address, occupation and other

personal details?

A: I am Tina Malabanan-Israel, 37 years old, married, domestic

helper in Singapore, and a resident of Centro 1, Aparri Cagayan.

2. Q: Are you the same Tina M. Israel, complainant in this case?

A: Yes Ma’am.

3. Q: And being the complainant Madam Witness, do you personally

know the defendant in this case?

A: Yes Ma’am.

4. Q : Why do you know him?

A : He is the man I married Ma’am.

5. Q: When was the marriage celebrated ?

 A : It was celebrated on April 28, 2001 Ma’am.

6. Q: When did you meet the defendant Madam Witness ?

A: Sometime in first quarter 2000 Ma’am, I was introduced to him

by my cousin who is also his friend.

7. Q: You said that you got married on April 28, 2001 Madam Witness,
so you have been married for 19 years. Is that correct ?

A : Yes Ma’am.

8. Q: In that 19 years of marriage, did you have children?

A: Yes Ma’am, we have only 1 child.

9. Q: Why did you marry the defendant?

A: I was 6 months pregnant already maám. I want to hide my

disgrace
and I followed the advise of my parents to marry the defendant.

10. Q: You said, it was your parents and respondent’s parents, who
told you to marry, because your pregnancy is already visible at the
time. Do you mean to say that you were forced to marry the
respondent?

A : I was not forced Ma’am, but I had no other choice. I was

already pregnant then. We were already cohabiting barely after 3
months of knowing each other , because he forced himself into me.
Since, he was the first man in my life, my parent’s decided that I
cohabit with him. Since then , we started to cohabit and then I got
pregnant.
11. Q: You said Madam Witness, that you have no choice but to
follow
your parent’s advice to marry the defendant, because he was
your
first, and you were already pregnant. Is that your reason why
you
want to nullify your marriage with the defendant?

A : The marriage was a mistake Ma’am. When I realized that our

marriage is void, I took the chance to free myself from the
marriage.

12. Q: Before the marriage Madam witness, did you both apply for
marriage license?

A: No Ma’am. We were already busy in the wedding preparation

and we have only two weeks to prepare for the marriage.

13. Q: So you are saying that the solemnizing officer celebrated your
marriage without a marriage license. Who officiated your
marriage
ceremony?

A: Yes maám, we had no marriage license. Our wedding was

solemnized by Agplipayan priest, Fr. Alexander Bago, Ma’am.

14. Q: Is Aglipayan, your religion?

A: No Ma’am. I am a Seventh Day Adventist.

15. Q: So you saying that Fr. Bago, an Aglipayan Parish Priest,

solemnized your marriage even though you are not a member of
the Aglipayan Church. Is that correct ?
A: Yes Ma’am.

16. Q: Why did you not apply for a license to make the celebration of
your marriage at your church?
 A: Our church do not allow pregnant women to marry.

17. Q: Who were with you on the wedding day?

A: I am with the defendant , my parents, defendant’s parents,
visitors, sponsors and Fr. Bago ma’am.

18. Q: What happened on the wedding day?

A: The defendant and I appeared before Fr. Bago and he

officiated
the marriage ceremony. After the ceremony, we were made to
write our full names only and sign above our handwritten name but
the rest of the Certificate of Marriage form was left blank. And
then, we were instructed by Fr. Bago to get our marriage license.

19. Q: Is there any marriage ceremony that took place other than
April 28, 2001?

A: There is none Ma’am. There was only one ceremony that

transpired, and it was on April 28, 2001.

20. Is there any other place where the marriage ceremony took
place?

A: There is none Ma’am. It is only at Gattaran where the marriage

ceremony was held, and not as stated in the marriage contract,
which is Lallo, Cagayan.

21. Q : I have here a copy of Marriage Certificate attached as Annex A.

Can you identify if this is the falsified marriage certificate you are
referring?

A: Yes maám. That is the certificate I was referring.

22. Q: Above the name Tina Israel, there is a signature, do you know
whose signature is this?

A: That is my signature ma’am.

23.Q: What are you asking for this court with respect to this case ?
 A: I respectfully pray that this Honorable Court, declare that the

purported marriage between the plaintiff and defendant, as non-

existent and void and that the Marriage Contract showing that
they

were married to each other be cancelled .

IN WITNESS WHEREOF, I have hereunto affixed my signature this

August 1, 2020 at #05 ABC Building, Centro 1, Aparri, Cagayan
Valley.

TINA M. ISRAEL
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of August,

2020 at #05 ABC Building, Centro 1, Aparri, Cagayan Valley. I have
identified affiant through driver’s license bearing N-11-22-333333 issued
at Tuguegarao City on July 18, 2019 bearing her photograph and
signature.
 ATTESTATION

I, Divine Grace Berbano , of legal age, with office address at #05

ABC Building, Centro 1, Aparri, Cagayan Valley under oath and state
that:

1. I personally conducted the examination/interview of Ms. Tina

Israel of Centro 1, Aparri Cagayan, plaintiff in Civil Case No.
12345 filed before RTC Aparri Cagayan;

2. I faithfully recorded the questions that I asked and the

corresponding answers that she gave me; and

3. Neither I nor any other person coached Mrs. Israel regarding her
answers.

ATTY. DIVINE GRACE BERBANO

Roll No. 30123
IBP O.R. No. 784567 11/12/19
PTR No. 0562233 1/15/20
MCLE Comp 0023569

Doc. No. 24;

Page No. 35;
Book No. 10;
Series of 2020.