Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 14, Davao City

PHOEBE MANA NUEVO Civil Case No. ___________

Petitioner,
For: DECLARATION OF
-versus- NULLITY OF MARRIAGE
UNDER ARTICLE 36 OF THE
ALFONSO NUEVO, NEW CIVIL CODE
Respondent,

JUDICIAL AFFIDAVIT
I, ALFONSO NUEVO, of legal age, Filipino and a resident of
Davao City, Philippines, after having been duly sworn to in accordance with
law, hereby depose and state:

PRELIMINARY STATEMENT:

The person conducting this direct examination consisting of

Question and Answer is Atty. Jan Ione R. Salveron with office address at
Ecoland St., Davao City. I am answering all these Questions fully
conscious and aware that I do so under oath and may face criminal liability
for False Testimony and Perjury for any false statements taken under oath.

Questions were propounded by the counsel in English which the

affiant fully understands, while Answers were given by the latter in English
as well.

PURPOSE:

The testimony is offered for the following purposes:

(1) To prove that ALFONSO NUEVO was not unwilling and

incapable of having sexual intercourse with his wife;

(2) To prove that there is no collusion between the parties and that
evidence is not fabricated;

(3) To prove all other matters as may be discussed in the judicial

affidavit.

With the kind permission of this Honorable Court.

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QUESTION 1:
What is your name, age, status, address, and other personal
circumstances?

ANSWER:
I am ALFONSO NUEVO, of legal age, and a resident of Mochi
Street, Davao City.

QUESTION 2:
How do you know the petitioner (PHOEBE MANA NUEVO)?

ANSWER:
She is my wife, we were married last year.

QUESTION 3:
Are you still living together?

ANSWER:
Yes we are.

QUESTION 4:
Do you have any kids with the petitioner?

ANSWER:
No, we do not have kids yet.

QUESTION 5:
What was your marriage like?

ANSWER:
Our marriage was unusual, we still haven’t had sex since we were
married. I may have refused doing it at times as I was exhausted from work,
but I have tried many times to get my wife in bed with me.

QUESTION 6:
Even on your honeymoon?

ANSWER:
Yes, we were not able to have sex during our honeymoon as I was
very tired from all the activities we did and I assumed Phoebe was tired too.
I wanted our first time to be special and grand, and I preferred that I would
be the one to initiate it.

QUESTION 7:
What happened next, if any?

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ANSWER:
After our honeymoon, we went home back to our normal busy lives. I
was trying to find the right time to get my wife in bed with me but Phoebe
would always be one step ahead of me and be the one initiating it.

QUESTION 8:
What happened next, if any?

ANSWER:
One night, we were lying in bed together. I kissed her torridly in the
lips and tried to caress her private parts, but to my surprise, Phoebe removed
my hands and pushed me away. When I moved closer to her, she was
shaking and I thought she did not like it.

QUESTION 9:
What happened next, if any?

ANSWER:
After that, I decided to stay in the other room to give her the space she
needed. I still tried to hug and kiss her every now and then to make her feel
more comfortable.

QUESTION 10:
What happened next, if any?

ANSWER:
We went to couples’ therapy together to try and resolve our marital
problems.

QUESTION 11:
What happened in the couples’ therapy?

ANSWER:
The couples’ therapy did not help, so Phoebe forced me to undergo
psychiatric examination.

QUESTION 12:
Did you agree to her request?

ANSWER:
No, I did not. I know that there is nothing wrong with me. The times
that I refused to have sex with my wife were just because I was tired and I
wanted to be the one to initiate it and not because I was incapable.

QUESTION 13:
What happened next, if any?
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ANSWER:
I had a physical examination to prove to my wife that I am capable of
having sex and to convince her that I am willing to have sex with her.

ATTY. SALVERON:
What is this document you are showing me?

ANSWER:
This is the result of the physical examination conducted by Dr. Sergio
Alteza, Jr. last October 15, 2020.

ATTY. SALVERON:
Your Honor, we request that this Physical Examination Results
consisting of two (2) pages be marked as Exhibit “1”, and Exh. “1-A”
and made integral part hereof.

QUESTION 14:
What happened next, if any?

ANSWER:
When I got home I showed the results to Phoebe, talked to her, told
her I love her and tried to kiss her. She pushed me away and informed me
that she was going to file this case. I tried to pacify her and convince her that
our relationship is still very young and if there are any differences between
us they can still be reconciled.

QUESTION 15:
What happened next, if any?

ANSWER:
She lashed out and drove away. She did not come home for two days,
and when she came back she was no longer talking to me. Until I knew
about this case.

QUESTION 16:
Do you confirm everything in this Judicial Affidavit?

ANSWER:
Yes, based on my recollection of events.

AFFIANT FURTHER SAYETH NAUGHT.

ALFONSO NUEVO (Sgd.)

Affiant

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 SUBSCRIBED AND SWORN to before me this 16th day of
January, 2021 at Davao City, Philippines, by ALFONSO NUEVO who
exhibited to me his PRC ID 98765456 issued at Davao City and valid until
December 31, 2022.

Doc. No. 13 ;
Page No. 4 ; ATTY. JAN IONE R. SALVERON (sgd.)
Book No. I ; Notarial Commission No. 2019-428-2022
Series of 2021. Commission Expires on December 31, 2022
Notary Public/ Roll of Atty. No. 72596
IBP No. 560517; 4/27/2019; Davao City
PTR No. 1477007C; 12/07/2019; Davao City
Ecoland Street, Davao City

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 ATTESTATION CLAUSE

I, JAN IONE R. SALVERON, with office address at JRM building,

Ecoland Street, Davao City, Philippines, attest under oath as follows:

a) That I personally conducted the direct examination of Alfonso

Nuevo in the instant Civil case pending before the Regional Trial Court,
Branch 14 of Davao City.

b) That I faithfully recorded the Questions I asked the witness and

the corresponding Answers she gave me; and

c) That neither I nor any other persons then present coached, or

taught, the witness regarding her Answers which she gave voluntarily and
knowingly based on her own personal knowledge and recollection.

JAN IONE R. SALVERON (Sgd.)

(Affiant)

SUBSCRIBED AND SWORN to before me this 16th day of

January, 2021, at Davao City, Philippines, affiant exhibiting to me her IBP
Card No. 072596 as competent evidence of his identity.

Doc. SHIRLEY KRIS M. ROMBLON(Sgd.)

No._125_; Notary Public
Page Until December 31,2022
No.__26_; Roll No. 71295, 04/27/18, Davao City
Book
IBP No. 101195, 1/4/2019, Davao City
No.__I__;
Series of 2021. PTR No. 1218540C,1/9/2019, Davao City
MCLE Compliance No. VII-010293; 4-15-19
Valid until April 14, 2022
Room 202, UCPB Bldg., San Pedro St., Davao City

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