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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ___
SAN FERNANDO CITY, LA UNION

FAMILY COURT

ELLEN FLORES GREGORIO,

Petitioner, CIVIL CASE NO. _____

For:

Declaration of Absolute
Nullity of Marriage
- versus -

LEONARDO APIADO GREGORIO,


JR.,

Respondent.

JUDICIAL AFFIDAVIT OF JUANITA E. ORDOŇA


Psychologist

This is the Judicial Affidavit of JUANITA E. ORDOŇA, of legal


age, Filipino citizen and with residence address at Sta. Fe, Agoo, La
Union, who is a witness-psychologist in the above-entitled case.

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The examination of the witness was conducted and supervised
by Atty. Stephanie Joy A. Rolusta-Valdez with office address at
Public Attorney’s Office San Fernando City La Union District Office,
Sevilla, San Fernando City, La Union. The examination of the
witness-psychologist was conducted at the afore-mentioned office.

It was fully explained to the witness, and she fully understands


that she is answering all the questions asked of her while she is
under oath and that she may face criminal liability for false testimony
or perjury if she does not answer truthfully. The witness was
examined and has given her answer in English language which is a
language known to her.

OFFER OF TESTIMONY

The testimony of the witness-psychologist is being offered to


prove the following -
1. That she is an expert witness in the field of clinical psychology
as she is a licensed psychologist and has attended several
trainings and has testified in numerous cases in court;
2. That she is the same psychologist who conducted the
Psychological Evaluation and Case Report of the Petitioner;
3. That based on her evaluation, the Petitioner and the
Respondent are suffering from personality disorders: PASSIVE
AGGRESSIVE PERSONALITY DISORDER (PAPD) for the
Petitioner and ANTI-SOCIAL PERSONALITY DISORDER
(ASPD) for the Respondent, respectively;
4. That based on her findings, the Petitioner and the Respondent
are both psychologically incapacitated to comply with their
essential marital obligations;
5. That the psychological incapacities of the Petitioner and the
Respondent are both severe, incurable and have existed prior
their marriage;
6. She will also identify the Psychological Evaluation and Case
Report which she prepared as part of the exhibits for the
Petitioner.


Q1: Madame Witness, what is your profession or occupation?
A1: I am a psychologist by profession, ma’am. For the record,
I have testified in court numerous times and in other
courts as well regarding psychological personality
disorders and nullity of marriage, ma’am.

Q2: How long have you been a psychologist?

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A2: For more than 29 years, ma’am. I have been a
psychologist since year 1990.

Q3: Madame Witness, about this case and in your profession


as a psychologist, do you remember having met the
Petitioner, ELLEN FLORES GREGORIO?
A3: Yes, ma’am. ELLEN FLORES GREGORIO came to my
office for the first time on December 15, 2019, requesting
for examination. She engaged my services as a clinical
psychologist in relation to the filing of a petition for the
nullity of her marriage with her husband, the respondent
in this case. She was requested to come for a series of
tests and interviews (Jan. 19 & Feb. 8, 2020).

Q4: What about the respondent, LEONARDO APIADO


GREGORIO JR., were you able to interview him
personally?
A4: No, ma’am. I tried to contact the Respondent thru his
given cellphone number to no avail. I also sent a letter of
invitation to him, but he did not appear before me on the
stated date.

Q5: Aside from the petitioner, were you able to interview other
persons?
A5: Yes, ma’am. I was able to conduct clinical interview with
the following informants: Myrna F. Dumaguin - sister of
the Petitioner and Leo A. Gregorio – brother of the
Respondent.

Q6: What did you do as far as the collateral informants are


concerned?
A6: I conducted clinical interviews with them, and they were
able to give credible accounts as to the personal and
marital history of both parties because they were related
to the Petitioner and the Respondent, and they had the
chance to be with and observe the Petitioner and
Respondent’s relationship dynamics, ma’am.

Q7: How did you conduct the psychological evaluation on


the parties?
A7: I performed intensive clinical interviews with the Petitioner
and the collateral informants, ma’am. Furthermore, the
Petitioner also underwent psychological tests, ma’am.

Q8: In your expert opinion, can you tell the court if the
procedure and thorough examinations you conducted on
the parties would accurately give a description of the

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behaviours and psychological conditions of the petitioner
and the respondent?
A8: Yes, ma’am.

Q9: Why do you say so?


A9: Because the procedures I used are the standard
procedures in preparing psychological evaluations,
ma’am.

Q10: After the psychological examinations and comprehensive


clinical interviews with the petitioner and the collateral
informants, what did you come up with?
A10: I came up with a written Psychological Evaluation and
Case Report, ma’am.

Q11: Where is this written Psychological Evaluation and Case


Report that you mentioned?
A11: This is the one, ma’am. (handing over a document).

Q12: I am attaching this written Psychological Evaluation and


Case Report which was previously marked during pre-trial
as Exhibit “E” to your Judicial Affidavit. Do you confirm
my action?
A12: Yes, ma’am, that is my signature.

Q13: On page 9 of your report, it is stated that petitioner


ELLEN FLORES GREGORIO is diagnosed to be
suffering from a personality disorder known as PASSIVE
AGGRESSIVE PERSONALITY DISORDER (PAPD). Will
you please explain this?
A13: People like the Petitioner who is suffering from PASSIVE
AGGRESSIVE PERSONALITY DISORDER (PAPD)
have indirect resistance to the demands made by others/
It has the following specific symptoms: 1) Puts off things
to be done; 2) Becomes sulky, irritable, or argumentative
when asked to do something; 3) Resents useful
suggestions from others concerning how he could be
more productive.

Q14: What is the root cause of Petitioner’s personality


disorder?
A14: Petitioner’s experiences during her childhood or formative
years, ma’am. Petitioner came from a broken family. Her
parents separated ways when she was just nine (9) year
old. As a result, at an early age, Petitioner developed a
sense of confusion, repressed emotions, being docile,
and an inability to convey her sentiments to her parents
who abandoned her. She could not express her

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frustration and use other avenues for her
disappointments.
Q15: What else?
A15: The psychological incapacity of the Petitioner was even
aggravated when she married Respondent. With all the
traumatic experiences that happened to her marital
journey. The personality disorder is now considered
permanent, grave, serious, deeply rooted and incurable.
Though the symptoms only manifested during the
marriage of the parties, Petitioner’s psychological
incapacity already existed even prior to the solemnization
of her matrimony and became more manifest after its
celebration.
Q16: What else can you say about the personality disorder of
the Petitioner?
A16: The personality disorder of the Petitioner manifested in
her marriage with the Respondent as follows: Petitioner
already knew of the bad traits of the Respondent like
having drinking sprees with his friends, cockfighting,
smoking and womanizing. Petitioner also knew even
before marriage that she and the Respondent have
varying principles in life and yet, in the hope of changing
the Respondent, she continued their relationship and
even married him.
Q17: Specifically, how else did Petitioner’s personality disorder
manifested in his marriage with the Respondent?
A17: just after their wedding ceremony, the parties should have
been in a happy, honeymoon mood. They should have
spent their wedding night together, but the Respondent
went out for a goodtime with his friends and just arrived
the following day, during lunchtime. Now instead of the
Petitioner confronting the Respondent and expressing her
disappointment about his apparent insensitivity of her
feelings, Petitioner just kept her mouth shut. She also
kept her mouth shut when the Respondent already
paraded his mistresses in front of her. Petitioner just cried
helplessly to avoid further conflict, opted to be silent,
submissive, and just let her husband be.

Q18: How else did the personality disorder of the Petitioner


affected her marital relationship with the Respondent?
A18: Respondent basically took advantage of the Petitioner’s
submissiveness short of abusing her. During their
relationship, the Respondent even contracted a sexually
transmissible disease and infected the Petitioner in the
process. Despite knowing that the infection did not come

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from her and that probably it came from other multiple
sexual partners of the Respondent, still, the Petitioner did
not confront him about it. Instead, she endeavored to
have both to be healed from the illness of which she was
successful.
Q19: What is the driving factor why despite all the negative
experiences that Petitioner have been through, she
remained in the same household as the Respondent for
so long?
A19: Petitioner was obsessed of having a complete family. She
did not want her children to experience the same broken
family that she grew up on. She was willing to do
everything, whatever it takes to mend the cracks of her
marriage, despite uncertainties, severe differences, and
conflicting principles. She stayed with the Respondent
despite all the latter’s vices and negative experiences she
went through for sake of the sanctity of their marriage and
their 3 children.
Q20: Do you believe that the Petitioner’s Personality Disorder
was one of the big factors why her marriage with the
respondent failed?
A20: Yes, ma’am. Petitioner despite all her great traits as a
mother and a housewife was so used to withdrawing into
long silences to avoid confrontation. In other words, she
was already being treated like a washcloth by her
husband, she was already being humiliated by her
husband the Respondent when she brought her
mistresses in their household even sleeping in their
bedroom, but she failed to stand up for herself.

Q21: How else did the Petitioner’s Personality Disorder play a


part on her marriage’s downfall?
A21: Petitioner constantly viewed herself as a misunderstood
and unappreciated underdog. She was so insecure of
herself. Petitioner could not leave her husband despite all
his vices and despite him neglecting the family because
she felt nobody would love her. Indeed, she submitted
herself completely to the whims and caprices of her
husband. It even came to a point that despite the
Respondent arriving home drunk almost every day, the
Petitioner who is tired from work would change his
clothes, wipe her with clean water and alcohol and cook
food for him. She diligently served him.

Q22: In your analysis, since when did the petitioner had this
kind of personality disorder?

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A22: During her childhood years or formative years which
became persistent until he became adult. The Petitioner’s
personality disorder is almost the direct result of the lack
of love and guidance during his childhood or formative
years due to being a product of a broken family and
growing up in the custody of apathetic relatives. Petitioner
also witnessed her mother being beaten by her father
whenever she would answer or fight back which may
have caused her to develop her personality disorder
which is already deeply rooted in her personality
structure. Though the symptoms only manifested during
the marriage of the parties, the psychological incapacity
of the Petitioner already existed even prior to the
solemnization of the matrimony.
Q23: Is it curable?
A23: It is not curable, ma’am.

Q24: With regard to your findings on the Respondent, it is


stated in your report that the Respondent is assessed to
be suffering from a personality disorder, particularly,
ANTISOCIAL PERSONALITY DISORDER. Will you
explain this kind of personality disorder, Mister Witness?
A24: People with ANTISOCIAL PERSONALITY DISORDER
inconvenience their families and friends considerably and
usually harm themselves and others. The defining trait of
anti-social personality disorder is a predatory attitude
towards other people, a chronic indifference and violation
of the rights of others.

Q25: What are the manifestations of this NARCISSISTIC


PERSONALITY DISORDER on the Respondent?
A25: Respondent demonstrated a persistent disregard of the
rights of others. This evident in his habit of womanizing
and even bringing his mistresses in their conjugal abode.
Respondent consistently went home drunk. He also
smoked and gambled which ultimately drained their family
resources. In fact, in the latter portion of the matrimonial
relationship of the parties, it was already the Petitioner
who was providing financially as well as managing the
household and taking care of the children.

Q26: How else did the personality disorder of the Respondent


manifest in the marital life of the parties?
A26: Respondent acts impulsively and lies repeatedly to the
Petitioner. He did not have any plan about his marriage
with the Petitioner and his children’s future. He
consistently lived in the moment irresponsibly. He did not

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pay his bills and passed all her responsibilities to the
Petitioner.

Q27: What else?


A27: Respondent also failed to show remorse. In fact, when
the Petitioner finally left him, she was just waiting for the
Respondent to reach out to her and apologize. However,
instead of humbling himself and admitting to his mistakes,
the Respondent demonstrated haughty behavior, even
getting angry when the Petitioner called her on behalf of
their minor children.

Q28: What were the other manifestations of the Respondent’s


disorder?
A28: Respondent constantly committed infidelities against his
wife which he knew to be acts that are contrary to law and
morals. Respondent was too addicted and irresponsible
that his children no longer see him at their house. Their
children grew up practically without their father’s love and
guidance.

Q29: What could be the root cause of the personality disorder


of the Respondent?
A29: It was caused by his exposures, upbringing, and
experiences during his formative years. Respondent’s
father was an Overseas Filipino Worker (OFW) since
Respondent was seven years old. When Respondent’s
father returned to the Philippines, Respondent was happy
because finally his family will be complete. However, it
turned out that Respondent’s father had an affair and
begot a child with another woman. At an early age, the
Respondent was exposed to infidelity and betrayal.
Because Respondent was hurt, he turned to his peers
who influenced him to do alcohol and gambling.

Q30: What else could have caused the personality disorder of


the Respondent?
A30: It turned out the Respondent’s grandparents and close
family relatives were also involved in cockfighting
exposing the Respondent to the vice at an early age. The
inconsistent parenting that Respondent received from his
parents coupled with his exposures to vices at a young
age resulted to the development of his very unstable self-
concept, which led to the development of his Anti-Social
Personality Disorder (ASPD).

Q31: Is the personality disorder of the Respondent curable?

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A31: No, ma’am. Moreover, since the patient-Respondent
refuses to admit or is not psychologically minded to
acknowledge the condition, they don’t seek help. Hence,
treatment is incurable. Here, Respondent’s incapacity can
no longer be modified by any form of therapy. The
manifestations of the personality disorder of the
Respondent have become pervasive from his childhood
up to the present. Hence, it is permanent and incurable,
ma’am.

Q32: What else can you say about Respondent’s personality


disorder?
A32: The Respondent also demonstrated a lack of empathy,
ma’am. When he had multiple illicit affairs, she did not
apologize to the Petitioner for betraying his trust. He was
simply oblivious of the fact that he hurt other people’s
feelings. And instead of working towards rebuilding his
marriage, Respondent spent most of his time entertaining
himself by gambling and cockfighting. Although it was the
Petitioner who left the conjugal dwelling, it was the
Respondent who cut the bond with his family. He even
started a new family of her own.

Q33: In your analysis, since when did the Respondent had this
kind of personality disorder?
A33: Since Respondent’s formative years or childhood, ma’am,
but the manifestations of the personality disorder of the
Respondent have become more pervasive through the
years and up to the present.

Q34: What is the effect then of the personality disorder of the


Respondent on his marital relation with the Petitioner?
A34: With his personality disorder, Respondent was not able to
give support, love, and respect to her husband.

Q35: Based on the assessment and psycho dynamism of the


case, what are your conclusions?

A35: The following conclusions were drawn from the findings


and assessment of the case:

Both the Petitioner and the Respondent in this case are


suffering from psychological disorders particularly personality
disorders. The Petitioner is suffering from PASSIVE
AGGRESSIVE PERSONALITY DISORDER (PAPD) while
respondent is assessed to have ANTISOCIAL PERSONALITY
DISORDER (ASPD).

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The personality disorders of the parties are deeply rooted in
their personality structures and the root cause can be trace back
during their rapid growth and development. For this reason, their
disorders were manifested at the time of the celebration of
marriage and even prior to its solemnization and became
manifest after its celebration.

Their personality disorders incapacitated them to perform


the crucial marital obligations and civil responsibilities to provide
mutual help and support to the family, live together and
pleasantly with each other and observe respect, fidelity, and love.

The petitioner and the respondent have been suffering from


psychological incapacity, which resulted to their failure to perform
the essential marital obligations to each other.

That, their personality disorders are assessed to be


permanent, serious, grave, deep-rooted and incurable and that
no psychological intervention or therapeutic approach can modify
their personality structures.

Q36: And what are your recommendations?


A36: Based on the conclusions derived from this case,
respectfully recommends to the Honorable Court that the
Petition for the Declaration of Absolute Nullity of Marriage
between ELLEN FLORES GREGORIO, Petitioner and
LEONARDO APIADO GREGORIO JR., Respondent be
granted due to psychological incapacity of both parties.

-end of questions-

IN WITNESS WHEREOF, I have hereunto set my hand this


________________________ at San Fernando City, La Union,
Philippines.

JUANITA E. ORDOŇA
Affiant

SUBSCRIBED AND SWORN to before me this


________________________ at San Fernando City, La Union.

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SWORN ATTESTATION OF THE LAWYER

I, ATTY. STEPHANIE JOY A. ROLUSTA-VALDEZ, of legal


age, married, Filipino citizen and with office address at Public
Attorney’s Office, San Fernando City, La Union District Office, Justice
Hall, Sevilla Center, San Fernando City, La Union do hereby state
and attest that:

I am the counsel for the petitioner in this case.

I conducted and supervised the examination of witness,


JUANITA E. ORDOŇA in the execution of his Judicial Affidavit. I
faithfully recorded the questions I asked and the corresponding
answers that the witness gave. That neither I nor any other person
then present has coached her regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this


________________________ at San Fernando City, La Union.

ATTY. STEPHANIE JOY A. ROLUSTA-VALDEZ


Affiant/Counsel

SUBSCRIBED AND SWORN TO BEFORE ME this


________________________ at San Fernando City, La Union.

Copy furnished by personal service:

Office of the City Prosecutor


San Fernando City, La Union

Copy furnished by registered mail due to distance:

OFFICE OF THE SOLICITOR GENERAL

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Amorsolo St., Legaspi Village,
1229 Makati City

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