REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH _______
CITY OF PASIG, METRO-MANILA

JAIMIE RHIA R. GONZALES- CIVIL CASE NO. _______

MAPILE, For: Declaration of Nullity
Petitioner, of Marriage under
Article 26 of the Family
Code
-versus-

DION RALPH G. MAPILE,

Respondent.
X- - - - - - - - - - - - - - - - - - - - - - -X

JUDICIAL AFFIDAVIT
OF MARXELLOS R. BARCELO
(Witness for the Petitioner)

I, MARXELLOS R. BARCELON, of legal age, Filipino citizen, married, a

resident of and with postal address at ____________________________, Pasig City,
Metro-Manila, Philippines, after having been duly sworn in accordance with law,
depose and say that:

I execute this Judicial Affidavit pursuant to the Judicial Affidavit Rule in

connection with the PETITION FOR DECLARATION OF NULLITY OF
MARRIAGE filed by petitioner, JAMIE RHIA R. GONZALES-MAPILE against
her husband, DION RALPH G. MAPILE with the Family Court of the
Regional Trial Court of Pasig City, Metro-Manila and the lawyer who
conducted or supervised my examination as witness is ATTY. REYNALDO M.
MOSUELA, and he conducted the examination at his office at the Mosuela,
Gonzales and Associates Law Offices, Unit 1 San Juan LGU Multi-Purpose
Center, Sta. Rosa de Lima Street, Ili Sur, San Juan, La Union,
Philippines. He propounded the questions in English and Pilipino, of which I
fully understand and I answered the questions asked of me in the same
language/s fully conscious that I did so under oath and that I may face
criminal liability for false testimony or perjury.

The testimony of the witness through this Judicial Affidavit is offered

in evidence to form part of his evidence in chief including his testimony
at the witness stand to support the material allegations of the petitioner
in her PETITION FOR DECLARATION OF NULLITY OF HER MARRIAGE
pursuant to Article 36 of the Family Code which she filed against her
respondent husband; to identify relevant evidentiary documents on the
matter; and to testify on the same and on other related matters.

Specifically, witness will testify among others that: PLACE HERE WHAT
ARE THE ISSUES TO BE PROVEN IN SUPPORT OF THE NULLITY OF
MARRIAGE

1. She knows personally the Plaintiffs, Rolly Ticano and Beromeo Ticano;

Judicial Affidavit of Marxellos R. Barcelon Page 1 of 6

 2. Spouses Beromeo and the late Lydia Ticano are the previous owners of
the lot property subject in this instant case;

3. Spouses Beromeo and the late Lydia Ticano owed her money in the
amount of more than ONE MILLION PESOS (Php 1,000,000.00)
Philippine currency which they used to defray the hospitalization and
medication of the late Lydia Ticano who was then suffering from kidney
ailment and later on, cancer of the cervix and colon;

4. Spouses Beromeo and the late Lydia Ticano were not able to pay back
the amount they owed Maridita, they offered instead to pay using the lot
property they owned, which lot property is the subject of this instant
case;

5. A DEED OF ABSOLUTE SALE with Acknowledgment Receipt was

executed between Beromeo and herein affiant after Lydia died to
consummate their agreement on the payment of the ONE MILLION
PESOS money loan they owed her;

6. She owns the lot property and financed fully the 4-story house/building
she constructed on it at the time of its construction;

7. The former owner of the lot property subject of this case, Spouses
Beromeo and Lydia Ticano stood as affiant’s caretaker/implementor
over the construction project commissioned by her to construct the 4-
storey house/building and in the process, allowed them to stay at the
construction site together with the plaintiff Rolly Ticano;

8. After the construction of the 3-floors (out of the 4-storey building plan)
of the house/building project, she allowed plaintiff Rolly Ticano to stay
on the property until he finds a suitable place to stay but was cut short
when he started questioning the ownership of herein affiant and
claiming that the property is owned by his parents;

9. A case was filed before the local barangay unit for the ouster of Rolly
Ticano from the property and resulted to an amicable agreement which
provides that he leaves the premises of defendant’s property and to
refrain from doing anything that would harm the occupants therein and
the property; and

10. She financed the repair/construction of the old house of Spouses

Beromeo and the late Lydia Ticano in Pangasinan as gratitude to their
efforts in overlooking and supervising the construction of affiant’s 4-
storey house/building over the lot previously owned by the spouses.

ATTY. GONZALES: Madam Witness, please state your name, age and
other personal circumstances.

A - I am MARXELLOS R. BARCELON, of legal age, Filipino citizen, married, a

resident of and with postal address at ____________________________, Pasig City,
Metro-Manila, Philippines. I work as Credit Risk Process Lead at American
Insurance Group.

Q1 - Do you know the parties in this case?

A – Yes, sir. The petitioner, JAIMIE is my cousin and the respondent, DION is
her husband.

Judicial Affidavit of Marxellos R. Barcelon Page 2 of 6

Q2- How long have you known the petitioner?

A – I have known the petitioner and cousin all my life since her mother is sister
to my mom and during my entire childhood, we had constant communications
and interactions with each other.

Q3- How about the respondent?

A – I only knew of the respondent since the time he married my cousin, JAIMIE
in 2013

Q4- Can you describe the petitioner as the person you know?

A – I would say that my cousin is pretty calm by nature. She doesn’t get angry
easily even when teased or provoked. She felt sad when the doctor said that the
couple will have difficulty conceiving a child. Despite such setback in their
marriage, she is a very committed, and a responsible wife and daughter. Her
weakness is her family. She is very devoted to her husband taking care of his
needs both at home and at work and she takes care of everything for her
mother.

Q5 – Can you cite an instance/s where you observed what you have just
mentioned about the petitioner?

A – As I have said, the petitioner is my cousin and I have known her since we
were young. She used to come and stay at our place whenever possible since
she is close with my mom and in those instances, I cannot but observe how she
reacts, her demeanor, and likes and dislikes. When we became adults, our
interactions and communications were mostly through the world wide web,
internet, and social media platforms but because our family is closely-knit
family, we almost always meet each other during important occasions and
events within the family so we almost always interact with each other talking
mostly about recent events in our lives, problems at home and all sort of
things. And in those interactions, she was always calm and in control of herself
despite problems at home and when she got married, problems with her
relationship with her husband. Despite of it all, I can surmise she is a devoted
wife to her husband, and a nurturing one. I remember during our interaction
in one of the many social family gatherings we have had, she intimated to me
that she wants to make her marriage work and will do all possible to make it
work and last because she does not want her marriage to suffer the same fate
as what had happened with her parents.

Q6 - How about the respondent, can you describe him as the person you
know?
A – DION is a quiet person and aloof but good natured. I haven’t witnessed any
untoward behavior when he is around or during family gatherings. But for
one, I noticed the whenever he talks with our family members including myself,
he does not look straight in the eye of the person he was talking with. Most of
the time, respondent looked lost, confused, and talks only when spoken to, and
he never initiates a conversation. I also observed him to be one who is not
really the marrying type or a responsible type of a husband because he talks so
much about her parents especially with his mother and he was always at the
beck and call of his parents, which is usually his excuse for not being present
in some of our family gatherings. He would rather spend his time with his
parents instead of accompanying his wife (petitioner) to our family gatherings.

Judicial Affidavit of Marxellos R. Barcelon Page 3 of 6

Q7 – Can you cite an instance/s where you observed what you have just
mentioned?

A – I had limited chances of observing him, and in most instances that I have
the chance to interact with him are during family gatherings where he
accompanies the petitioner. And during these times, he is obviously detached
from the mainstream activities and discussions and content at being at the
sidelines waiting for the time for them to leave for home.

Q8- Do you have any idea why their (both petitioner and respondent)
marriage failed?

A – As I have previously said, the respondent is really not the marrying type of
person, at least from my own point of view. Their marriage failed because
petitioner could not get the support of respondent the she deserved as a wife
from her husband, but despite of this obvious reality in their relationship,
petitioner tried to save their marriage by adjusting to the immaturity of
respondent. One big issue which really affected my cousin is when she learned
from her doctor that they will have difficulty conceiving a child and as a result,
petitioner wanted to try “intrauterine insemination” so they can have a child of
their own, but the respondent was not supportive of the procedure and just
shrugged it off from their discussions, only to find out later that respondent
had an extra-marital affair with one, Kat Delantar, with whom he had a son.
Again despite of it, petitioner being the nurturing partner and one who wants
her marriage to work out with the respondent, forgave him even if the
respondent did not show any remorse and even rationalized his actions and in
fact was even supported and defended by her parents.

Q9 - Other than what you have cited, is/are there any other issue/s that
finally broke their marriage?

A – Yes, sir. The last straw that really broke their marriage was when my
cousin/petitioner found out for the second time that respondent again lied to
her when during the COVID-19 pandemic lockdown, respondent always leave
their home to report to his office at _________, but by accident, my cousin got
hold of a CIGNAL subscription receipt in the name of one, _______ who lives at
____________ and another gate pass application form for _________, which raised
my cousin’s suspicion to investigate and found out from the security guard of
DION’s office that nobody had ever reported for work at the office since the
pandemic lockdown began and for two (2) years (2020-2021) DION was leaving
the conjugal place on the pretext of going to his office but it turns out that he
was spending the time in another place, and it appears at another girl’s house
as evidenced by the CIGNAL subscription receipt discovered by my cousin and
the corresponding gate pass application over the subdivision where the girl’s
address is located. This second ISSUE of what appears to involve another
woman, really got into my cousin and she confided that she can no longer take
it and she felt she do not deserve what DION is doing to her and to their
marriage and this time, she is fully convinced that the marriage won’t work.

Q11- The petitioner is your cousin and it appears you are also concerned
about what happened to her marriage with DION, did you not) try to help
them settle their issues?

A – I really felt I have no business meddling with their affairs. But in my own
little way, I expressly told my cousin that I am at her side and she can ask my
help on anything she needs anytime and in whatever way possible.

Judicial Affidavit of Marxellos R. Barcelon Page 4 of 6

Q12 – Do you see any possibility that their marriage can still be saved?

A – Personally I am against it, but I will leave the decision to them if there is
any possibility for them to reconcile their differences and give their marriage
another chance to work out. I will support my cousin on whatever decision she
make in relation to her marriage with the respondent.

Q15 - Do you have other things to say?

A – No more, sir.

Q16 - Do you understand everything you stated in this Judicial affidavit?

A – Yes, sir.

Q17 – Do you affirm and attest as to the veracity and truthfulness of all
your statements in this Judicial Affidavit?
A – Yes, sir.

MARXELLOS R. BARCELON
Affiant

SUBSCRIBED AND SWORN to before me this __day of

_________________2023 in San Juan, La Union, affiant exhibited to me
his_________________________________________________.

___________________________________
Notary Public

Doc. No. ;
Page No. ;
Book No. ;
Series of .

Judicial Affidavit of Marxellos R. Barcelon Page 5 of 6

 SWORN ATTESTATION OF THE LAWYER

I, REYNALDO M. MOSUELA of legal age, Filipino citizen, married, a

resident of and with postal address at Ma. Cristina West, Bangar, La Union,
Philippines, after having been duly sworn in accordance with law, depose and
say that:

1. I am the lawyer who conducted the examination of the witness

MARXELLOS R. BARCELON;

2. I faithfully recorded or caused to be recorded the questions I asked of

him and his corresponding answers to the questions and that, I nor any other
person or persons then present or assisting him did not coach him of his
answers; and

3. I execute this affidavit for all legal purposes.

FURTHER AFFIANT SAYETH NAUGHT.

REYNALDO M. MOSUELA
Affiant

SUBSCRIBED AND SWORN to before me this __day of

_________________2023 in ________________________________________, affiant
exhibited to me hisTIN ID NO. ___________________________.

________________________________
Notary Public

Doc. No. ;
Page No. ;
Book No. ;
Series of .

Judicial Affidavit of Marxellos R. Barcelon Page 6 of 6