Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Cainta City, Branch _____ (Family Court)

DAVID BONGAY MALUPA,

Petitioner,

-versus- Civil Case No. ______________

For: Declaration of Nullity of
Marriage

VERMIELYN VERGEL DE DIOS

MALUPA,
Respondent.
x--------------------------------------------------x

Offer of Testimony

This Judicial Affidavit is being offered:

1. To prove that the Petition for the Declaration of Nullity of

Marriage of Petitioner David Malupa and Vermielyn Vergel De
Dios Malupa, be given due course;

2. To prove that Aries Alcova Santos knows the Petitioner and he is a

witness to the wedding;

3. To prove and attest as to the surrounding circumstances of the

marriage between the Petitioner and Defendant;

4. To prove the requisites of Psychological Incapacity warranting the

Declaration of Nullity of Marriage;

5. To prove that Petitioner and Respondent was not in a live-in

relationship;

6. To prove that Petitioner lid in Sampaloc. Manila with his Mother

and Brother prior to his marriage; and
JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
Malupa v. De Dios-Malupa
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7. To testify on the allegations contained in David Malupa’s Petition

and other material and relevant matters supporting his Petition.

JUDICIAL AFFIDAVIT
ARIES ALCOBA SANTOS

I, Aries Alcoba Santos, ___ years old, Filipino, married, with

address at No. 654 Sanggumay St., Brgy. Plainview, Mandaluyong
City., after first been duly sworn to in accordance with law, hereby
depose and state that the following are my answers to the questions
asked of me by Atty. Chenaide P. Aceret, to support the material
allegations and allegations in the Petition filed by David Malupa and
that in answering the said questions, I am fully conscious that I am
doing so under oath and that I may face criminal liability for false
testimony and perjury.

On 27 February 2022, Atty. Chenaide P. Aceret, conducted the

examination in her office building at 2977 R. Magsaysay Blvd., Sta.
Mesa, Manila.

Q1. Please state your name and other personal circumstances.

A1. I am Aries Alcoba Santos, Filipino, married with address at
No. 654 Sanggumay St., Brgy. Plainview, Mandaluyong City.

Q2. What is your current occupation, if any?

A2. I am currently __________________.

Q3. What, if any, is the reason why you are executing this
Judicial Affidavit?
A3. I am executing this Judicial Affidavit in lieu of my direct
testimony in relation to the Petition for Declaration of
Absolute Nullity of Marriage filed by David Malupa.

Q4. Do you know the Petitioner in this case, David Malupa?

A4. Yes, Ma’am

Q5. Why do you know him?

A5. David Malupa is my friend. I was his former mentor.
JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
Malupa v. De Dios-Malupa
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Q6. How long have you know David Malupa?

A6. I have known him since he graduated from college about
2001.

Q7. How did you know David Malupa?

A7. David Malupa, we call him Dave, applied for
apprenticeship/work in my company at BB Media, Inc at
__________ (Address).

Q8. What, if any, happened to David Malupa’s application?

A8. David Malupa was hired as an apprentice in the company.

Q9. How long did the petitioner stayed with you as his
apprentice/co-employee?
A9. About 5 years, form 2002 to 2007. But in 2007 he is no longer
regular as he put up his own business in 2006. He eventually
left in the later part of 2007.

Q10. During his stay an apprentice, how would you describe

him?
A10. Dave he is quiet person. He is “masipag” and he doesn’t
complain about anything. If its work, he is focused and he
seldom speak. He is “tahimik”.

Q11. Did he talk about his private life with you?

A11. No.

Q12. Did he talk about Vermielyn De Dios with you?

A12. Yes.

Q13. When did he talk about Vermileyn De Dios?

A13. Around 2006, he mentioned encompassing that he has a
girlfriend.

Q14. Do you know, Vermielyn De Dios?

A14. Yes, Ma’am, but not on a personal level.

Q15. How do you know Vermielyn De Dios?

A15. Dave mentioned about her in an encompassing statement.

Q16. What, if any, do you mean encompassing statement?

JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
Malupa v. De Dios-Malupa
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A16. Encompassing because Dave never told us about her. After

he mentioned that he has a girlfriend. He never mentioned
about her again, except when Dave told me that they he is
about to get married to Vermielyn and asked me to a witness
for his wedding.

Q17. What, if any, was your reaction when David told you that he
has a girlfriend?
A17. I was shocked. I never expected him to have a girlfriend.

Q18. What, if any, is your reason why you never expected David
Malupa to have a girlfriend?
A18. David never acted excited for a date. He is also not
constantly on his phone, unlike other people in a
relationship.

A19. What, if any, was your reaction when David told you that he
is getting married?
A19. I was surprised.

Q20. What, if any, is your reason why you were surprised?

A20. David never mentioned that he is planning to get married or
that he has asked Vermielyn to marry him. I even asked
Dave if he was sure about marrying Vermielyn.

Q21. What, if any, was the response of David Malupa?

A21. He said, he is not decided but Vermielyn wants to get
married. He also said that Vermielyn will do all the
necessary works for the wedding. So he just agreed.

Q22. What, if any, was the demeanor of David Malupa when he

told you about his impending marriage?
A22. Dave did not look excited.

Q23. You mentioned that David Malupa asked you to be a

“ninong”, witness to his wedding, what, if any, was your
response to David Malupa?
A23. I said yes not because I wanted him to be married but
because Dave asked me to.

Q24. Do you recall the wedding rites between David Malupa and
Vermielyn de Dios?
JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
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A24. Yes, Ma’am.

Q25. What, if any, was the reason why you can recall the wedding
rites?
A25. I attended the wedding.

Q26. What, if any, was the reason why you attended the
wedding?
A26. I am the “ninong”, a witness, to the wedding.

Q27. What, if any, is your proof that you are a witness to the
wedding?
A27. The marriage certificate between Dave and Vermielyn De
Dios.

Q28. If I show to you the document, would you be able to identify

the same?
A28. Yes, Ma’am.

Q29. I am showing to you a marriage Certificate previously

Exhibit”---“, can you go over, it and tell me, what, if any, is
the relation of said document to the one you previously
mentioned?
A29. They are the same.

Q30. At the bottom of Exhibit __, there appears to be signature

over the printed name Aries Santos, whose signature is this?
A30. That is my signature.

May we request that the signature over the printed name be marked as
Exhibit ______

Q31. What, if any, was the circumstances of the wedding?

A31. The wedding looked rushed and without much preparation.

Q32. What, if any, was your reason why you said that the
wedding looked rushed and unprepared?
A32. The wedding took place around the Quezon City hall area.
In a small room, there was photographer or videographer. In
short the whole ceremony was forgettable. But what was
unforgettable was the feel during the ceremony?
JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
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Q33. What, if any, was the “feel” during the ceremony?

A33. There was no joy in the air, as compared to other simple
weddings, whether simple or not.

Q34. Other than you, who else, if you know, attended the
wedding?
A34. On Dave’s side, it was the mother and his brother. As for
Vermielyn’s side, I am not aware.

Q35. After the wedding, what if any, did David Malupa do?
A35. He went to work immediately and he got himself busy as
usual. Dave and I became closer. Dave became more open in
telling me about Vermielyn.

Q36. What, if any, di Dave tell you?

A36. He told me that Vermielyn was his classmate and that
Vermielyn has a business in Bulacan after they graduated.
He also said that Vermielyn just insisted that they get
married because Vermielyn has PCOS.

Q37. Do you recall Dave telling you that he was in a live-in

relationship with Vermielyn?
A37. No, Dave was consistent in his stories that Vermielyn lives
in Bulacan where she has her own business.

Q38. Do you recall, where Dave was living during prior to his
wedding?
A38. He lived in Sampaloc, Manila with his Mother and Brother.

Q39. Why do you know Dave was living in Sampaloc before he

got married?
A39. I interviewed him prior to his hiring and he told me that he
lived in Sampaloc, Manila.

Q40. What, if any, did Vermielyn De Dios do after the wedding?

A40. She began visiting the office more frequently.

Q41. What, if any, is your impression about Vermielyn de Dios?

A41. I am not fond of Vermielyn Malupa. Vermielyn has an aura
of being bossy, she is likewise suspicious and “madada”.

Q42. What, led you to such impression that she is suspicious?

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Malupa v. De Dios-Malupa
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A42. She makes surprise visits to Dave at the Office. One time, she
even went to my house and checked on my wife if Dave was
there.

Q43. What, if any happened thereafter?

A43. Sometime in the later part of 2007, Dave left the office and
focused on business. But Dave and I maintained an open
communication. Sometime in 2021, David asked to be a
witness to his petition for nullity of marriage, he likewise
mentioned that he had been living separately from
Vermielyn for quite sometime.

Q44. What, if any, was your answer?

A44. I asked him what is the reason for their separation.

Q45. What, if any, was the answer of David Malupa?

A45. Dave said that on numerous occasions, he discovered that
Vermielyn had a boyfriend with whom she showered
monetary gifts and businesses.

Q46. What, if any, did you say to David Malupa?

A46. I asked him to seek marriage counselling help first.

Q47. What, if any, was the answer of David Malupa?

A47. He said that they tried marriage counselling and it failed
because Vermielyn doesn’t want to exert efforts in saving
their marriage and that it seems like Vermielyn is not aware
of the repercussions of her actions.

Q48. What if any, was your reason for agreeing?

A48. I know that Vermielyn was not right for Dave and not only
that, I can sense that Vermielyn has “character” and that
something is really wrong with Vermielyn.

IN TESTIMONY WHEREOF, I have hereunto set my hand this ___

day of __________ 2022 at __________, Philippines.

ARIES ALCOVA SANTOS

SUBSCRIBED AND SWORN TO before me at _________ this ___

day of __________ 2022, affiant having exhibited to me his
JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
Malupa v. De Dios-Malupa
Page 8 of 9

government issued _____________________.

NOTARY PUBLIC

Doc. No. _____

Page No. _____
Book No. _____
Series of 2022.

Republic of the Philippines )

)s.s.

ATTESTATION

I, CHENAIDE P. ACERET, counsel for Bank of the Philippine

Islands, and with office address at BPI Legal, with office address at
27th Floor, BPI Buendia Center Building, 372 Sen. Gil Puyat Avenue,
JUDICIAL AFFIDAVIT OF ARIES ALCOVA SANTOS
Malupa v. De Dios-Malupa
Page 9 of 9

Barangay Bel-Air, Makati City, after having been sworn in

accordance with law, do hereby attest that:

1. I conducted and supervised the examination of the

witness Aries Alcova Santos at Onglamco Bldg., 2977 R. Magsaysay
Blvd., Sta. Mesa, Manila on 27 February 2022.

2. I faithfully recorded or caused to be recorded the

questions which I asked, and the corresponding answers which the
witness gave; and

3. Neither I, nor any other person then present or assisting

me coached the witness regarding the latter’s answers.

4. I am aware that a false attestation may result to a

disciplinary action, including disbarment, against me.

CHENAIDE P. ACERET
Affiant

SUBSCRIBED AND SWORN TO before me in the City of

_________, this ___ day of ____2022 by affiant, Atty. Chenaide P.
Aceret, affiant personally known to me and exhibited before me
competent evidence of her identity her TIN 288209362.

NOTARY PUBLIC
Doc. No. _______;
Page No. _______;
Book No. _______;
Series of 2022.