Republic of the Philippines

7TH Judicial Region

REGIONAL TRIAL COURT IN NEGROS ORIENTAL
BRANCH 43
Tanjay City (Stationed at Dumaguete City)

BRIX A. FERRARIS,
Plaintiff, CIVIL CASE NO. 822

- versus - FOR: DECLARATION OF

NULLITY OF MARRIAGE,
ETC.

AMY PEREZ-FERRARIS,
Defendant.
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UPDATED JUDICIAL AFFIDAVIT

I, AMY PEREZ-FERRARIS, 42 years old, married, and a resident of

Brgy. 4, Poblacion Siaton, Negros Oriental, state under oath as follows:

Preliminary Statement

The person interrogating me is Atty. Ma. Sylvia Bais Rayco, with

office address at Bunga, Dauin, Negros Oriental. The interrogation 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: The testimony of the witness is being offered to prove the

material facts she stated in her answer dated June 18, 2018, to corroborate
the testimony of Brgy. Captain Juan Dela Cruz that Brix Ferraris is a
resident of Brgy. 4, Poblacion, Siaton, Negros Oriental and to prove other
matters relevant and material to this case.

Questions and Answers

Q1 Are you the same Amy Perez Ferraris, the defendant in this case?
A1 Yes.

Q2 Do you know Brix A. Ferraris?

A2 Yes, he is my husband.

Q3 What can you say about the case filed by your husband?
A3 This case has no basis on the grounds of no jurisdiction and no
cause of action. In fact, it was mentioned in my Answer dated June
18, 2018 which was submitted to this court. I have here with me
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 2 of 9
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the copy of my answer.

Q4 Will you have this document marked as your exhibit?

A4 Yes, I pray to this Honorable Court that my Answer dated June 18,
2018 will form part of my testimony and it be marked as Exhibit “1”

Q5 What is your basis in saying that the court has no territorial

jurisdiction over this case?
A5 Because the plaintiff is not a resident of Sra. Asuncion, San Jose,
Negros Oriental which is under the jurisdiction of this court. Plaintiff
is a resident of Barangay 4, Poblacion, Siaton, Negros, Oriental.

Q6 Do you have evidence that he is a resident of Barangay 4,

Poblacion, Siaton, Negros, Oriental?
A6 Yes. I have here with me the Barangay Certification dated June 15,
2018 issued by Barangay Captain Juan Dela Cruz of Brgy. 4,
Poblacion Siaton, Negros Oriental.

Q7 Will you have this document marked as your exhibit?

A7 Yes.

Examining officer: Let this Barangay Certification be marked as

your Exhibit “2”.

Q8 In this Barangay Certification it was you who requested this

certification, why is this so?
A8 Because it would be impossible if it was Brix who will request when
this Certification will be used as a defense against him in this case.

Q9 When you asked for a certification from the Brgy. Captain, what did
he do?
A9 He issued the certification because he knows us personally. We
the Spouses are residence of Brgy.4, Poblacion Siaton, and that
our resthouse is very near to the house of Brgy. Captain where Brix
was staying. The barangay captain also noticed that since
February of 2016 he was there living, that’s why he did not hesitate
to issue me the said certification because he also know that Brix is
a resident of Brgy. 4, Poblacion, Siaton, Negros Oriental.

Q10 So Brix is living in your resthouse and not in your conjugal house?
A10 Yes, since February of 2016 he started living there because he
does not want to live in our conjugal house. It was also because he
does not want me to interfere with his womanizing activities that’s
why living in our resthouse would be his freedom.

Q11 What did he tell you when he transferred living in your resthouse?
A11 He just told me that he wanted to stay in our resthouse in order to
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 3 of 9
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improve and focus with his fighting cocks there. He also said that it
can also be a source of income if his fighting cocks will have a good
performance.

Q12 Did you believe what he said?

A12 No. His fighting cocks didn’t give him income because when we
were still together he was always in loss even until now. Its just an
alibi to make him free in doing his womanizing activities.

Q13 Do you know what other things he did when he transferred living in
your resthouse?
A13 I always pass-by in that resthouse everyday and I can always see
him with visitors. They are busy drinking liquors and busy chatting.
There were also other women in their companion.

Q14 What do you feel?

A14 It breaks my heart seeing him doing those things. Even if I took
care of him when we were still living together, it feels like he was
looking for someone else. Even if he was no longer living in our
conjugal house, I kept on monitoring him what are the things he did
because whatever will happen to him, it was always the legal wife
that should have responsibility to him. So everyday, I always pass-
by to our resthouse to check on him whether he was there, and I
can always see him. But sad to say, he was with friends and with
other women looking very happy.

Q15 How many times in a day did you check on him?

Q15 An average of twice a day.

Q16 By checking him an average of twice a day, in all those instances

did you see him?
A16 Yes, because he has no other things to be busy of because I was
the one who took over with our businesses when he left conjugal
home.

Q8 Do you have anything else to say with regards to the complaint filed
by your husband?
A8 He was fabricating facts in order to make out a malicious case; the
capitalization was a gift to us during their wedding, which allowed
us to start a business. The fruits of conjugal properties are
products of joint efforts, it was I who would participate most of the
time in business operation and that Brix has not been actively
involved in business, before he abandoned us, due to his
womanizing activities. He also built his paramour a house located
in Inalad Beach, bought a motor vehicle for his paramour, and a
cellular phone.
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 4 of 9
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Q9 How do you feel when you learned that he has a paramour and that
he built his paramour a house, a cellular phone and a motor
vehicle?
A9 I feel so sad and emotionally stressed. I also suffered stroke which
caused me to be hospitalized and undergone months of
rehabilitation following his abandonment of me and our daughter. I
have here with me the medical certificate showing that I was
hospitalized on October 15-25, 2017 and was remarked by the
doctor to be rehabilitated for three months.

Q10 Will you have this document marked as your exhibit?

A10 Yes.

Examining officer: Let this Medical Certificate be marked as your

Exhibit “3” respectively.

Q11 You mentioned in your Answer paragraph (i) that plaintiff left
conjugal abode, left the administration of their business to you and
your daughter. It also left substantial debts?
A11 Yes, I have here with me demand letters from Metrobank.

Q12 Will you have this document marked as your exhibit?

A12 Yes.

Examining officer: Let this Demand Letter be marked as your

Exhibit “4”.

Q13 What can you say about this case filed by your husband?
A13 It has no cause of action. The grounds invoked in Article 36 of the
New Civil Code must be alleged, substantiated and medically
proven. Marriage is an inviolable social institution, which should
not be dissolved upon the pleasure of one spouse.

Q14 Your husband is filing a case for nullity of marriage on the ground
that you are psychologically incapacitated which rendered you
unable to comply essential marital obligations under Article 68 of
the Family Code. What can you say about this?
A14 It has no basis because I am not psychologically incapacitated. I
did comply my marital obligations to him. It was Brix who did not
comply it because he was the one who left the conjugal abode. I
showed him respect and love, we even bore a child named Aby. In
addition, I was also the one who was hands-on with our business. I
also did my duties as housewife. Also, the doctor mentioned by
the plaintiff who will testify on my psychological incapacity was not
able to examine me. Her basis was only hearsay as it comes from
other person.
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 5 of 9
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Q15 How about the plaintiff’s statement that you posted nude picture of
yourself on facebook?
A15 That is not true. I never posted nude picture on facebook.

Q16 How about the administration community property as claimed by

your husband that he be granted letters of administration?
A16 The administration of community property should be maintained by
the wife. Brix left the conjugal abode and the operation of our
business was left to me and my daughter Aby Ferraris. These acts
characterized as incapacitated and not fit for administration of the
conjugal property.

Also I assumed sole powers of administration of our conjugal

properties and succeeded in registering the business in our
daughter’s name, because Brix has been disposing of his inherited
properties to satisfy the needs of his mistress, which act
deliberately violated the legitime of the compulsory heirs.
Q17 What do you want the Court to do now with regards to your
defenses?
A17 I pray to the court that the case be dismissed on the grounds of no
jurisdiction and no cause of action; that the sole administration of
the conjugal properties be granted to me, and that other relief just
and equitable shall also be granted to me.

Q18 Do you have anything else to say?

A18 That’s all for now.

IN WITNESS WHEREOF, I affixed my signature this July 18, 2020 at

Dauin, Negros Oriental.

AMY PEREZ-FERRARIS
Affiant

SUBSCRIBED AND SWORN to before me this July 18, 2020 in

Bunga, Dauin, Negros Oriental. Affiant exhibited to me his School ID
bearing with number 2018-19999383 issued by Silliman University.

ATTY. MA. SYLVIA BAIS RAYCO

Notary Public
Until December 31, 2020
Dauin, Negros Oriental
PTR No. 11111
Roll No. 22222
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 6 of 9
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MCLE No. 33333

Doc. No. 1;
Page No. 2;
Book No. 6;
Series of 2020.

ATTESTATION

I, Atty. Ma. Sylvia Bais Rayco, with office address at Bunga, Dauin,
Negros Oriental, attest under oath as follows:

1. That I personally conducted the interrogation of my witness in this

case.
2. I faithfully recorded the questions I asked of him and the
corresponding answers he gave me; and
3. Neither I nor other person then present coached him regarding his
answers.

MA. SYLVIA BAIS RAYCO

Affiant

SUBSCRIBED AND SWORN to before me this July 18, 2020 in

Bunga, Dauin, Negros Oriental. Affiant exhibited to me his ID bearing with
number G02-89-196899 issued by LTO of Dumaguete City.

ATTY. MYRNA A. UBOS

Notary Public
Until December 31, 2018
Dauin, Negros Oriental
PTR No. 187689
Roll No. 2JIIWB
MCLE No. JINKI-0000

Doc. No. 1;
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 7 of 9
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Page No. 2;
Book No. 3;
Series of 2020.

EXHIBIT “2”

REPUBLIC OF THE PHILIPPINES

PROVINCE OF NEGROS ORIENTAL
MUNICIPALITY OF SIATON
BARANGAY 4, POBLACION

BARANGAY CERTIFICATION

TO WHOM IT MAY CONCERN:

This is to certify that BRIX A. FERRARIS, 42 years old, married to AMY

PEREZ-FERRARIS is a resident of BARANGAY 4, POBLACION, SIATON, NEGROS
ORIENTAL.

This certification is issued upon the request of her wife AMY PEREZ-
FERRARIS, for whatever legal purpose may serve her best.

Given this 15th day of June 2018 at Barangay Poblacion 4, Siaton, Negros
Oriental.

(sgd.)
JUAN DELA CRUZ
Barangay Captain
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 8 of 9
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EXHIBIT “3”
Judicial Affidavit of Amy Perez-Ferraris
Cuneta vs Concepcion . . . . . . . Page 9 of 9
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EXHIBIT “4”
Demand Letter