Republic of the Philippines )

City of Manila
) S.S.
AFFIDAVIT
I, Marj Cruz-Padilla , Filipino citizen, of legal age, married to
Dannie Padilla, and a resident of 510, Lacon Street, Sampaloc,
Manila, after having been duly sworn in accordance with law, hereby
depose and say:
1. That I am the sister of Melanie Batumbakal, the respondent in a
custody case over Scarlett Batumbakal filed by Frank
Batumbakal.
2. That according to our sister, Greta Cruz, Melanie separated
with her husband Frank Batumbakal sometime in 2004, and left
their house to live with Joey Cedric Lee.
3. That from the time Melanie left their house, Frank took care of
their daughter Scarlett.
4. That every weekend, Frank would bring Scarlett to our house to
play with my two kids her cousins, Julia and Claudia.
5. That during one of her weekend visits, I saw Scarlett crying.
When I asked her the reason why, she told me she was sad
because her mother did not attend the Family Day on August
11, 2004 in her school. So, I comforted her and assured her that
everything will be okay.
6. That on Claudias birthday, August 17, 2004, I noticed that
Scarlett was not mingling with the other kids and did not
participate in the parlor games. When I asked her what was
wrong, she told me some of her classmates were bullying her at
school because of her mothers absence in the Family Day.

7. That sometime on October 2004 when Scarlett spent the night

at our house, she woke up in the middle of the night screaming
No mommy, no!
8. That after the nightmare incident, I talked to Frank and told him
what happened. He told that Scarlett was having nightmares in
their house too. So, Frank asked my opinion about getting help
from a child psychologist.
9. That I noticed after several sessions with the child psychologist,
Scarlett seemed to be slowly coping up with her depression.
She would tell me stories about how happy she was with her
bonding moments with her dad. She told me they would go to
Church every Sunday and go to the amusement park
afterwards.
10.
That on May 10, 2005, Scarletts birthday, her depression
manifested again because her mother did not attend the
celebration. She locked up in her room and shouted My mom
does not love me!. I was so worried so I called Melanie. But
she did not answer any of my calls. So I called, Greta knowing
Melanie is living with her, then she told me she saw Melanie
using drugs.
11.
That I accompanied Frank in taking Scarlett again to the
child psychologist. The doctor sauid that Scralett was having
separation anxiety and trust issues because of what happened
to her and her mother.
12.
That sometime in Semptember 2006, I noticed that
Scarlett did not come to our house anymore. So I asked Frank
why, and he told me that Melanie took Scarlett from school
without his permission and she even texted him threats and
demanded for money.
Further Affiant sayeth none.

IN WITNESS WHEREOF, I have hereunto affixed

my signature this 27th day of September, 2006 in Manila, Philippines.

Marj Cruz-Padilla
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 27 th day of

September 2006, affiant exhibiting to me his Drivers License No. N04-0021230 bearing his photograph and signature, issued on 11
March 2004 at the City of Manila and valid until 11 March 2007.

Notary Public for Manila

Doc. No. 33
Page No. 3
Series of 2006