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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


REGION VII
BRANCH 123
MAKATICITY

JUANA DELA CRUZ


Petitioner,

CIVIL CASE NO. 12345


FOR: NULLITY OF MARRIAGE

versus
JUAN DELA CRUZ
Respondent.

JUDICIAL AFFIDAVIT OF
PETITIONER
I, JUANA DELA CRUZ , of legal age, married, and living at ________________, MakatiCity,
petitioner in this case, after having been duly sworn, hereby attests that:
PRELIMINARY STATEMENT
The person examining me is Atty. May Pagasa with office address at _____________
MakatiCity. The examination 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: This affidavit/testimony of petitioner JUANA DELA CRUZ is being offered
to prove that the respondent JUAN DELA CRUZ contracted marriage twice, the first on
______________, and the second one on _________________ with petitioner, while the
respondents previous marriage with was still valid and has not yet legally dissolved.
The petitioners testimony is also offered to prove the legal basis for the declaration
of nullity of the petitioners marriage with the respondent, the same being bigamous
and therefore VOID.
1. Q.
record.
A.
2. Q.
case?
A.
3.

Q.
A.

4. Q.
A.
5. Q.
A.
6.

Q.
A.

Please state your name and other personal circumstances for the
JUANA DELA CRUZ
Are you the same JUANA DELA CRUZ,
Yes sir.
Do you know a certain JUAN DELA CRUZ?
Yes sir. He was the man I married on _____________.
How did you meet respondent JUAN DELA CRUZ?
____________________________________.

Are you still cohabiting with JUAN DELA CRUZ?


No, we have been living separately for five (5) years now since
___________.
Do you have of proof your marriage with JUAN DELA CRUZ?
Yes sir, I have a NSO Certified marriage contract as my Exhibit "A"

7. Q.
A.

Did you have children with JUAN DELZ CRUZ?


No, we have no children.

8.

What is the reason for your separation?

Q.

the petitioner in this

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A.

JUAN DELA CRUZ was unfaithful to me for several times during our
marriage.
He was also often jobless, drunk often with his "barkada", and
failed to provide
for me and his family.

9. Q.
A.

How about a certain MARIANG MAKILING do you know her?


Yes sir, I discovered very recently that he was the woman JUAN first
married on _____________.

10. Q.
Do you have proof of this previous marriage between JUAN
DELA CRUZ AND
MARIANG MAKILING?
A.
Exhibit "B"

Yes sir, I have their NSO certified marriage contract which is my

11. Q.
and MARIA
_________.

Would you know what was the status of the marriage between JUAN
when JUAN contracted his second marriage with you and

A.

Yes, attorney. Juan's first marriage with Mariang Makiling was still valid
existing when he married me on __________.

and

12. Q:
Would you know the status of the marriage between Juan and
Mariang Makiling
now?
A:
Yes attorney. Their marriage is still existing. I have even heard that
Juan and
Mariang Makiling got back together two (2) years ago
and they had a child
together.
13. Q:
A:
Juan Dela

Do you have proof of your allegations?


Yes, Attorney. I have a NSO certified Birth Certificate of the child of
Cruz and Mariang Makiling which is my Exhibit "C"

14. Q:
Do you have common properties with the respondent during
your marriage?
A:
None sir.
15. Q:
your
A:

Did you have a pre-nuptial agreement with the respondent regarding


properties?
None sir.

16. Q:
What are you asking this court with respect to this case?
A:
I am praying that the Honorable Court would grant my petition for
Declaration of Nullity of my marriage with Juan dela Cruz on the grounds that our
marriage is void ab initio for being BIGAMOUS.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of 2015
at MakatiCity.
___________________
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
city of Makati this ____th day of ____________ 2015.
Affiant personally came and
presented to me her ___________________ ID issued by the ________________ on 2012 at
MakatiCity, as valid and competent proof of her identity, known to me as the same
person who personally signed the foregoing judicial affidavit before me and avowed
under penalty of law to the veracity of the contents of said instrument.

Doc. No. ____


Page No. ____

___________________________________________
Notary Public
Commission Serial No. ____________________________
Notary Public for MakatiCity.
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Book No. ____


Until December 31, 20__
Series of 2015.
Office:
______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________; __/__/__ ; MakatiCity
PTR No. _________ ; __/__/__ ; MakatiCity
MCLE Compliance Cert. No. __________; __/__/__

SWORN ATTESTATION
I, ATTY. MAY PAGASA, of legal age, Filipino, with office address at
______________________ MakatiCity after being duly sworn depose and say:
1. I was the one who conducted the examination of witness Juana dela Cruz
at my afore-stated office.
2. I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answer that the witness gave;
3. Neither I nor any other person then present or assisting her coached the
witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____
2015 at ___________.
ATTY. MAY PAGASA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
city of Makati this ____th day of ____________ 2015.
Affiant personally came and
presented to me her ___________________ ID issued by the ________________ on 2012 at
MakatiCity, as valid and competent proof of her identity and swore to me under oath
of the veracity of her allegations.

___________________________________________
Notary Public
Doc. No. ____
Commission Serial No. ____________________________
Page No. ____
Notary Public for MakatiCity.
Book No. ____
Until December 31, 20__
Series of 2015.
Office:
______________(address)____________________
Roll No. __________
IBP Lifetime Roll No. _________; __/__/__ ; MakatiCity
PTR No. _________ ; __/__/__ ; MakatiCity
MCLE Compliance Cert. No. __________; __/__/__

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