Вы находитесь на странице: 1из 103

Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Makati City Branch 1

ERIC C. CONSUNJI
Petitioner,

-versus- Civil Case No. 123-45


FOR: Declaration of
KIMMY D. CONSUNJI Nullity with Demand for
Respondent. Support Pendente Lite

X ----------------------------------------- X

ANSWER

Respondent, through undersigned counsel, most respectfully files her


answer in response to the complaint filed by the Petitioner:

ADMISSIONS

1. Respondent admits the allegations in paragraphs 1, 2, 3, 4, and 5 as to the


facts they seek to establish.

2. Respondent admits in part the averments in paragraphs 6 and 8 as to the


following:
a. That the Petitioner and Respondent first met in Caloocan
sometimes in October;
b. That their sexual relationship resulted in the unexpected pregnancy
of Respondent;
c. That they celebrated their marriage in 2005.

3. Respondent admits in part the averments in paragraph 10 stating that she


was confined to the Droga Foundation.
4. Respondent admits only in part the averment in paragraph 11 and 14
stating that Kimmy resorted to pawning some jewelry belonging to the
community property.

5. Respondent admits to having received allowance in the amount of


P100,000.00 from petitioner, as financial support for her and their
children as stated in paragraph 13.

6. Respondent admits in part the averments in paragraph 14 insofar as it


states that financial support was later on raised to P200,000.00 and that
despite this, the electricity and water supply was cut due to failure to pay
the utility bills.

DENIALS

The respondent specifically denies the following paragraphs, subject to the


allegations in the special and affirmative defenses.

1. Respondent denies paragraph 7 insofar as it states


a. That during their cohabitation, she became more and more
reclusive towards her husband and daughter;
b. That she would become wild and uncontrollable whenever she
could not bear her own anxieties.

2. Paragraph 8 is denied insofar as it states that the spouses Consunji


cohabited for only four years before the celebration of their marriage in
2005. The spouses have cohabited beginning 1996, when Eric vacated his
unit in Kintex Condominium.

3. Respondent denies the allegations in paragraph 9 and 10 stating that she


had worked as a promo girl in bars and disco houses; engaged in escort
services; was addicted to alcohol and drugs to the point of losing
consciousness; and had serious anxiety and personality problems which
led her to become violent.
4. Respondent denies paragraph 11 insofar as it states that shortly after
rehabilitation, Kimmy returned to her vices and resorted to pawning
community property to support her addiction.

5. Respondent denies the allegations in paragraph 12 stating that in 2011,


Kimmy made an attempt on Eric’s life while he was fast asleep. She also
denies that criminal charges were filed against her for attempted
Parricide, although was later on dismissed.

6. Respondent denies the following allegations in paragraph 14:


a. That she mortgaged their BMW car for a meager loan;
b. That she forged petitioner’s signature in the deed of sale in an
attempt to sell their Valenzuela property for an amount way less
than its market value;
c. That her creditors would run after petitioner, as the legal husband,
for the unpaid balance of her debts;
d. That she had run over someone while driving along EDSA in 2012,
while under the influence of alcohol;
e. That petitioner had to pay for the settlement money due to the
families of the victims she had allegedly run over while driving
under the influence.
f. That the old house helper Mrs. Maria is the one primarily
providing the children with parental love and affection.

7. Respondent specifically denies under oath the genuineness and due


execution of Dr. Cenzon’s psychiatric report concluding that respondent
is suffering from antisocial personality disorder, rendering her incapable
of complying with the essential marital obligations. (ANNEX A)

8. Respondent specifically denies under oath the genuineness and due


execution of the case study report by licensed social worker Carolina
Alejo recommending the declaration of nullity of the marriage. The
alleged report states in substance that the relationship had been marred
with complicated issues which render reconciliation no longer feasible.
(ANNEX B)
9. Respondent denies the allegations in paragraph 17 stating that grounds
exist for the declaration of nullity of the Consunji spouses’ marriage,
following the guidelines laid down in the case of Republic v. Molina.

SPECIAL AND AFFIRMATIVE DEFENSES

The following are facts and events that show that the respondent is not suffering
from psychological incapacity; and that the marital problems alleged can be
solved by means other than by this proceeding:

10. It was in 1992 when Kimmy (respondent) met Eric (petitioner), who was
then the manager of the Kintex Condominium in Caloocan. Being a new
tenant and a single parent caring for her son, Maxim, she was one day
approached by Eric. Eric showed interest in Kimmy, exhibiting a caring
and friendly demeanor which she had not felt in a long time. The two
quickly became friends and would often go on trips out of town with each
other. While the two frequently drank together, their alcohol consumption
was nothing to be alarmed about, as it was only an avenue for them to
bond and get more acquainted with one another.

11. When Eric ceased to be the manager of Kintex Condominium in 1996, he


was asked to vacate his unit. As they had already become good friends,
Kimmy offered Eric to stay with her and Maxim in the meantime, while
he looks for a new place to stay. The Condominium Certificate of Title to
the Kintex unit in Caloocan under the name of Kimmy Dora is attached
as ANNEX C.

12. During their time living together, what started out as a friendship turned
into an intimate relationship as the two started falling for each other.
Kimmy later became pregnant with Roxanne, whose conception was
welcomed, although unplanned. In 2000, Kimmy gave birth to Roxanne,
as evidenced by her birth certificate attached as ANNEX D.

13. They had been cohabiting as husband and wife since the birth of their
first child Roxanne. The couple also believed that it would be best for
Roxanne if she was legitimated through their marriage. In 2005, Eric and
Kimmy got married in civil rites, followed by a Catholic ceremony in
2006, as evidenced by the marriage certificate attached as ANNEX E.

14. For the same reason, Eric later legally adopted Maxim, Kimmy’s first
child from a previous relationship. The couple was blessed with two more
children, Joy and Jaya. For a time it seemed as though they were a perfect
family despite the unconventional series of events leading up to that
moment. The certificate of adoption of Maxim and birth certificates of
Joy and Jaya are attached as ANNEX F, G, and H respectively.

15. To accommodate their growing family of six, they moved to a bigger


condominium unit in Makati City in 2010. It was here where their
relationship started to have problems due to Eric’s infidelity. The
Condominium Certificate of Title to their Condominium in Unit #810
Rockwell, Makati is under the name of Eric Consunji, as seen in ANNEX
I.

16. The following turn of events aroused Kimmy’s suspicion. After coming
home from work, Eric would act cold and distant, and would constantly
turn Kimmy down when she would get close to him. This left Kimmy
feeling undesired and inadequate, causing her severe emotional and
mental anguish due to Eric’s upsetting behavior.

17. To cope with the mental anguish of being married to a womanizing


husband Kimmy resorted to drinking alcohol to forget her problems and
fight the loneliness she was feeling.

18. Their relationship became colder and even more distant when Eric began
spending days, and even weeks away from home. One day while Kimmy
was cleaning the house, she came across a nude photo of a woman
inserted in one of the books in the home library. The nude photo
discovered by Kimmy is attached as ANNEX J.

19. This confirmed her suspicions that Eric was cheating on her with another
woman. However, instead of leaving him, she felt more and more the
need to gain his acceptance. The first time she confronted Eric, he simply
denied her accusations. The subsequent confrontations only resulted in
aggression and violence. Being a woman, Kimmy was unable to fend off
Eric’s rage, leaving her bruised and battered. Kimmy once brought
herself to the hospital to treat the wounds and bruises she obtained
because of Eric’s violence. The Hospital Receipt and Medical Report
signed by the attending physician are attached as ANNEX K and
ANNEX L, respectively.

20. The severity of the couple’s problems led Kimmy to become more and
more dependent on alcohol. But recognizing the importance of her role as
a wife and mother, she voluntarily admitted herself into Droga
Foundation in a sincere attempt to get clean. Her progress reports during
her stay in the rehabilitation facility and positive evaluation by the
Director of the Droga Foundation are attached as ANNEX M.

21. After Kimmy was released from Droga Foundation, the couple decided to
move to Quezon City to start their relationship anew. The Transfer
Certificate of Title to their present family home at 24 Butterfly St., Farm
Subdivision, Quezon City is attached as ANNEX N.

22. However, this proved as Eric’s infidelity worsened while Kimmy was
away. Eric’s alcohol abuse has actually worsened, as evidenced by
numerous instances Kimmy brought him to the hospital for alcohol
poisoning. The hospital receipts and medical reports are attached as
ANNEX O and ANNEX P, respectively.

23. In 2011, Eric left Kimmy and their children to live with his mistress. Eric
brought Shirley, his mistress, to live him in their old family condominium
in Makati City.

24. Although Eric gave her a monthly allowance to support their four
children, the same was insufficient to support four growing children.
Grocery receipts, Tuition Fee Receipts, Utility Bills, and Hospital
Receipts for Jaya’s weekly psychiatric therapy for her autism are all
attached as ANNEX Q to prove the insufficiency of Eric’s support.
Moreover, attached in ANNEX R is Kimmy’s bank book to show
intermittent and inconsistent deposit of Php200,000 support from Eric.
25. Kimmy often found herself having to resort to any means necessary to
put food on the table and to bring up a family on her own. At one point,
she had to pawn some jewelry belonging to the community property to
make ends meet. The Pawnshop receipt is attached as ANNEX S.

26. Just when Kimmy was getting used to being separated from Eric, she
learned one day that the latter had filed a Petition for the Declaration of
Nullity of their marriage, alleging that she was psychologically
incapacitated. She received an invitation from Dr. Cenzon for a
psychiatric evaluation, but refused to go when she realized that the
psychiatrist who would conduct the evaluation was the very same
“Shirley” with whom Eric was having an affair. Expecting that the
evaluation would put her in a bad light, she immediately sought the
services of counsel to enable her to refute Eric’s allegations.

27. Kimmy is not psychologically incapacitated. Firstly, alcoholism and


substance abuse is not in itself proof of inability to perform the essential
obligations of marriage. To avail of these circumstances, petitioner has
the burden of proving that the addiction is the external manifestation of
the respondent’s psychological incapacity. This he clearly failed to do.

28. Psychological incapacity must be existing at the time of the


celebration of the marriage, or when the parties give their “I dos.”
Contrarily, the parties herein exhibited a healthy relationship up until a
few years into their marriage. Even assuming that Kimmy’s alcoholism
and substance abuse are manifestations of her psychological incapacity,
this behavior only revealed itself after their marriage.

29. While the Court has consistently held that the findings of experts are to
be given great weight in the determination of whether or not the party/ies
are suffering from psychological incapacity, this cannot be made to apply
to this case because of the conflict of interest attendant in the person of
Dr. Shirley Cenzon.

30. Eric’s attempt to have their marriage nullified is a result of his


wanting to marry his mistress, Shirley Cenzon. However, it is of great
significance that Eric and Kimmy had known each other for thirteen years
before they were married (1992-2005) -- majority thereof spent in
habitual cohabitation with the other (1996-2005). This fact points to only
one conclusion -- that the choice of Eric to marry Kimmy in 2005 was
brought about by (a) their mutual love for each other; and (b) his belief
that she was fit to be his wife and a mother to their children.

31. It is submitted that Eric had full and free consent in deciding to marry
Kimmy. Pursuant to the Family Code, the grounds to have their marriage
annulled are not present; and thus Eric desperately seeks recourse in
Article 36 thereof, clinging to his theory that Kimmy is suffering from
psychological incapacity.

32. However, Article 36 is likewise unavailing because it is absurd to


contemplate a situation where a person opts to remain impervious to the
unfitness of his or her partner to discharge the essential duties of
marriage, only to marry them afterwards, and then to take cognizance of
such incapacity only when they have been pronounced husband and wife.

33. Undoubtedly, Kimmy was never ill-equipped to discharge her essential


marital obligations. Eric cannot now seek redress by fabricating facts
tending to show that she is suffering from the circumstances referred to in
Article 36. Considering the appreciable length of time the parties had
been cohabiting before their marriage, the alleged psychological
incapacity of Kimmy would have made itself apparent to him before they
were wed; and in all likelihood this would have urged him not to marry
her. In conclusion, his decision to marry her after many years of living
together militates against the idea that Kimmy is suffering from
psychological incapacity.

PRAYER

WHEREFORE, Respondent respectfully prays that this Honorable court (a)


dismiss the petition for utter lack of merit; (b) require the petitioner to continue
furnishing consistent monthly allowance as support pendente lite; and (c) other
just and equitable reliefs the situation may demand.
REPUBLIC OF THE PHILIPPINES)
Makati City )S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING

I, Kimmy D. Consunji, Filipino, of legal age, with address at 24 Butterfly St.,


Farm Subdivision, Quezon City, after being sworn in accordance with law,
hereby depose and state:

1. I am the respondent in the above-stated case;

2. I caused the preparation of the foregoing Answer;

3. I have read and understand the contents of the Answer, and attest that the
allegations therein are true and correct based on my personal knowledge
or on authentic records.

4. I have not commenced any other action or filed any other claim involving
the same issues in any court, tribunal or quasi-judicial agency, and, to the
best of my knowledge, no such other action or claim is pending. If I
should thereafter learn that another similar action or claim has been filed
or is pending, I shall report that fact to the Honorable Court within five
(5) days from notice thereof.

IN WITNESS WHEREOF, I have affixed my signature on this 28th of August


2017 in Makati City.

Kimmy D. Consunji
JURAT

Subscribed and sworn to before me, a Notary Public in and for Makati City,
affiant exhibiting to me his Community Tax Certificate No. CC11405 issued
in Makati City on March 24, 2017 and his Philippine Passport No. EB
7891234 issued at DFA Manila and expiring on March 27, 2020, who was
identified by me through competent evidence of identity to be the same person
who presented the foregoing instrument and signed the instrument in my
presence, who took an oath before me as to such instrument.

Witness my hand and seal this 28th day of August 2017.

Nootar No
Notary Public for Makati City
Appointment No. 12345 until December 31, 2018
353 San Roque St., sa ilalim ng tulay, Makati City
Roll No.1223; January 30, 2017; IBP Makati Chapter
PTR No.12345; January 28, 2017; Makati City

Doc. No. 1234;


Page No. 48;
Book No. 76;
Series of 2017.
PROOF OF SERVICE

I, Speedy Gonzales, messenger of [AAA], herein counsel for Kimmy D.


Consunji, hereby certify that I personally delivered ** to Plaintiff’s Formal **
dated 4 February 2010 to Atty. **, counsel for the Plaintiff, with address at ***.
The Answer to Plaintiff’s Complaint was received by counsel personally.

JURAT

SUBSCRIBED AND SWORN to before me this 31st day of August 2017 at


Makati City, Metro Manila, personally appeared affiant KIMMY CONSUNJI
and exhibiting to me his Driver’s License with License No. N-12345, issued at
the Quezon City on 14 February 2016.

Nootar No
Notary Public for Makati City
Appointment No. 12345 until December 31, 2018
353 San Roque St., sa ilalim ng tulay, Makati City
Roll No.1223; January 30, 2017; IBP Makati Chapter
PTR No.12345; January 28, 2017; Makati City

Doc. No. 1234;


Page No. 48;
Book No. 76;
Series of 2017.
 

Republic​  ​of​  ​the​  ​Philippines  


REGIONAL​  ​TRIAL​  ​COURT  
National​  ​Capital​  ​Judicial​  ​Region  
Makati​  ​City​  ​Branch​  ​1  
   
ERIC​  ​C.​  ​CONSUNJI  
Petitioner,  
 
​  ​  ​  ​  ​  ​-­versus-­   Civil​  ​Case​  ​No.​  ​123-­45
FOR:​  ​Declaration​  ​of    
KIMMY​  ​D.​  ​CONSUNJI Nullity​  ​with​  ​Demand​  ​for    
​  ​  ​  ​  ​  ​  ​  ​  ​Respondent. Support​  ​Pendente​  ​Lite  
 
X​  ​-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­​  ​X  
 
JUDICIAL​  ​AFFIDAVIT​  ​OF​  ​KIMMY​  ​D.CONSUNJI  
 
I,   KIMMY   D.   CONSUNJI​,   47   years   old,   married,   Filipino,   residing   at   24  
Butterfly   St.,   Farm   Subdivision,   Quezon   City,   the   respondent   in   this   case,  
states​  ​under​  ​oath​  ​that:  
 
PRELIMINARY​  ​STATEMENT  
   
  The   person   examining   me   is   Atty.   Yuri   Chan   with   address   at   123-­A,  
Magis   St.,   Crystal   Condominium,   Quezon   City.   The   examination   is   being  
held   at   the   office   of   Chan,   Dimaandal   and   Associates   Law   Office   at   Unit  
123,   Emerald   City   Plaza,   45   Rockwell   Drive   Rockwell   Center,  Makati  City,  
Philippines.   I   am   answering   his   questions   voluntarily,   to   the   best   of   my  
knowledge   and  fully  conscious  that  I  do  so  under  oath  and  may  face  criminal  
liability​  ​for​  ​false​  ​testimony​  ​and​  ​perjury.    
 
PURPOSE  
   
  This   affidavit/testimony   of   witness   Kimmy   D.   Consunji,   the  
respondent   herein,   is   being   offered   to   disprove   her   psychological   incapacity  
and   eventually   show   that   there   are   no   grounds   for   Eric   C.   Consunji   to   file   a  
Petition   for   Nullity   of   Marriage   on   the   Ground   of   Psychological   Incapacity  
under​  ​Article​  ​36​  ​of​  ​the​  ​Family​  ​Code.  
 
The   questions   asked   by   Atty.   Yuri   Chan   and   the   answers   I   gave   are   as  
follows,​  ​to​  ​wit:  
 
 

1. Q:​  ​Please​  ​state​  ​your​  ​name​  ​and​  ​personal​  ​circumstances​  ​for​  ​the​  ​record.  
A:   I   am   Kimmy   D.   Consunji,   47   years   old,  married,  Filipino,  residing  
at   24   Butterfly   St.,   Farm   Subdivision,   Quezon   City.   I   am   the  
respondent​  ​in​  ​this​  ​case.    
 
2. Q:   How   are   you   related   to   Mr.   Eric   C.   Consunji,   the   petitioner   in  this  
case?    
A:​  ​He​  ​is​  ​my​  ​husband.    
 
3. Q:​  ​When​  ​did​  ​you​  ​and​  ​Eric​  ​got​  ​married?  
A:   We   got   married   in   January   20,   2005   in   civil   rites,   followed   by   a  
church​  ​wedding​  ​in​  ​2006.    
 
4. Q:​  ​How​  ​long​  ​had​  ​you​  ​known​  ​Eric​  ​before​  ​you​  ​married​  ​him?  
A:​  ​I​  ​had​  ​known​  ​Eric​  ​since​  ​1992,​  ​or​  ​14​  ​years​  ​prior​  ​to​  ​our​  ​marriage.  
 
5. Q:​  ​How​  ​did​  ​you​  ​and​  ​Eric​  ​first​  ​meet​  ​or​  ​know​  ​each​  ​other?  
A:   Eric   was   then   the   manager   of   the   Kintex   Condominium   in  
Caloocan   City,   and,   at   that   time,   I   was   residing   in   that   condominium.  
One   day   he   just  approached  me  in  the  condominium  and  invited  me  to  
go​  ​out.    
 
6. Q:   Who   was   residing   with   you   in   the   Kintex   Condominium   at   that  
time?  
A:​  ​I​  ​was​  ​with​  ​Maxim.  
 
7. Q:​  ​Who​  ​is​  ​Maxim?  
A:   Maxim   is   my   son   from   another   man   prior   to   my   marriage   with  
Eric.    
 
8. Q:​  ​When​  ​was​  ​Maxim​  ​born?    
A:​  ​  ​Maxim​  ​was​  ​born​  ​on​  ​March​  ​3,​  ​1990.    
 
9. Q:   What   was   your   job,  career,  occupation  or  what  had  you  been  doing  
prior​  ​to​  ​your​  ​giving​  ​of​  ​birth​  ​to​  ​Maxim?  
A:   I   grew   up   having   big   dreams.  Prior  to  Maxim’s  birth,  I  had  been  in  
the​  ​show​  ​business.​  ​I​  ​used​  ​to​  ​be​  ​a​  ​popular​  ​celebrity.    
 
10.​  ​Q:​  ​Why​  ​did​  ​you​  ​leave​  ​your​  ​show​  ​business​  ​career?  
  A:  I  had  to  take  an  indefinite  leave  from  show  business  to  take  care  of  
my​  ​son.    
 
 

11.Q:   What   was   your   job,  career,  occupation  or  what  had  you  been  doing  
at​  ​the​  ​time​  ​that​  ​you​  ​met​  ​Eric?  
A:   I   was   an   actress   dabbling   in   a   few   mini   series   and   feature   films.  
Modesty   aside,   I   think   I   was   pretty   popular   back   in   the   day.   One   of  
my   biggest   blockbuster   hits   was   Toto   Villareal’s   ​Masakit   Pala  
Magmahal​.​  ​(Giggles)  
 
12.​  ​Q:​  ​Where​  ​was​  ​Eric​  ​residing​  ​at​  ​the​  ​time​  ​that​  ​you​  ​first​  ​met​  ​him?  
A:   At   the   time   that   I   met   him,   Eric   was   also   residing   in   Kintex  
Condominium.    
 
13.Q:​  ​How​  ​did​  ​you​  ​and​  ​Eric​  ​become​  ​more​  ​acquainted​  ​with​  ​each​  ​other?  
A:   Eric   and   I   quickly   became   friends   since   the   first   time   we   met.  
Since   then,   we   had   been   going   out   of   town,   and   we   frequently   drank  
alcohol   together.   We   became   closer   when   Eric   ceased   to   be   the  
manager   of   Kintex   Condominium.   Since   he   was   eventually   asked   to  
vacate   his   unit,   I   offered   him   to   stay   with   Maxim   and   I   in   our   own  
unit,​  ​given​  ​that​  ​he​  ​was​  ​also​  ​a​  ​close​  ​friend​  ​of​  ​mine.    
 
14.Q:   How   long   had   Eric   lived   with   you   in   the   same   condominium   unit  
before​  ​your​  ​marriage?  
A:​  ​Eric​  ​and​  ​I​  ​had​  ​cohabited​  ​since​  ​1996,​  ​  ​prior​  ​to​  ​our​  ​marriage​  ​in​  ​2005.  
 
15.Q:   What   happened   when   Eric   lived   with   you   and   Maxim   in   the   same  
unit?  
A:   During   the   time   that   Eric   and   I   lived   together,   my   friendship   with  
him   turned   into   an   intimate   relationship,   as   we   both   started   falling   in  
love   for   each   other.   Eventually,   I   became   pregnant  with  Roxanne,  our  
eldest​  ​child.    
 
16.Q:​  ​When​  ​was​  ​Roxanne​  ​born?    
A:​  ​Roxanne​  ​was​  ​born​  ​in​  ​April​  ​19,​  ​2000.  
 
17.Q:   How   did   you   and   Eric   feel   or   react   upon   your   discovery   of   your  
pregnancy​  ​with​  ​Roxanne?  
A:   We   both   did   not   expect   my   pregnancy   with   Roxanne,   but  we  were  
of​  ​course​  ​very​  ​happy​  ​to​  ​be​  ​pregnant​  ​with​  ​a​  ​child​  ​together.  
 
18.Q:​  ​What​  ​made​  ​you​  ​and​  ​Eric​  ​decide​  ​to​  ​get​  ​married?  
A:   We   just   thought  that  it  was  the  logical  next  step  in  our  relationship.  
We   were   in   love   and   were   practically   family   to   each   other.   It   was  
something  that  we  had  been  thinking  about  but  just  never  came  around  
to.   When   Roxanne   was  not  accepted  in  the  Catholic  school  we  wanted  
 

to   enroll  her  in  because  our  unmarried  status,  that  was  when  Eric  and  I  
decided   that   it   was   time.   We   also   thought   that   it   would   be   best   for  
Roxanne​  ​to​  ​become​  ​legitimized​  ​through​  ​our​  ​marriage.    
 
19.Q:​  ​How​  ​was​  ​the​  ​relationship​  ​of​  ​Eric​  ​and​  ​Maxim?  
A:   Eric   and   Maxim   got   along   together,  and  eventually  Eric  decided  to  
legally  adopt  Maxim  for  his  legitimization  as  well.  Eric  treated  Maxim  
no   different   from   how   he   would   treat   his   own   daughter   Roxanne.   On  
Maxim’s​  ​part,​  ​he​  ​knew​  ​of​  ​no​  ​other​  ​person​  ​to​  ​call​  ​dad​  ​than​  ​Eric.    
 
20.Q:​  ​What​  ​happened​  ​after​  ​you​  ​and​  ​Eric​  ​got​  ​married​  ​in​  ​2005?  
A:​  ​Our​  ​marriage​  ​was​  ​further​  ​blessed​  ​with​  ​two​  ​more​  ​children,​  ​Joy​  ​and    
Jaya.    
   
21.Q:​  ​When​  ​was​  ​Joy​  ​and​  ​Jaya​  ​born?    
A:   Joy   was   born   on   August   20,   2007,   whereas   Jaya   was   born   on  
March​  ​20,​  ​2009.  
 
22.Q:   Where  had  you,  Eric  and  your  four  (4)  children  been  residing  at  the  
time​  ​that​  ​Joy​  ​and​  ​Jaya​  ​were​  ​born?  
A:   Initially,   we   were   still   residing   at   Kintex   Condominium,   but  
subsequently,   we   transferred  our  residence  to  another  condominium  in  
Makati   City.   We   needed   a   bigger   place   to   accommodate   our   growing  
family​  ​and​  ​space​  ​for​  ​our​  ​children​  ​to​  ​play​  ​and​  ​grow.    
 
23.Q:   How   did   your   marital   relationship   with   Eric   go   when   you  
transferred​  ​your​  ​residence​  ​to​  ​Makati​  ​City?  
A:   When   we   transferred   to   our   new   residence   in   Makati   City,   our  
relationship   started   to   turn   for   the   worse.   I   also   began   suspecting   that  
Eric   was   sleeping   around   with   other   women,   since   he   started   to  
become   cold   and  distant  to  me.  He  also  started  to  spend  days  and  even  
weeks   away   from   home  without  telling  me  his  destination  and  reasons  
for​  ​doing​  ​so.  
 
24.Q:   How   did   you   feel   about   and   react   upon   these   changes   you   had  
observed​  ​in​  ​Eric?  
A:   These   circumstances   left   me   feeling   undesired   and   inadequate.   It  
was   since   then   that   symptoms   of   my   alcoholism   also   started   to  
manifest,   since   drinking   helped   me   cope   with   my   suspicions,   sadness  
and​  ​frustrations​  ​from​  ​having​  ​a​  ​cheating​  ​husband.    
 
25.Q:​  ​What​  ​happened​  ​to​  ​your​  ​suspicions​  ​as​  ​to​  ​Eric’s​  ​cheating?    
 

A:​  ​As​  ​my​  ​suspicion​  ​grew​  ​stronger,​  ​I​  ​began​  ​prying​  ​into​  ​Eric’s​  ​life​  ​and
decided   to   confront   him   regarding   the   matter.   I   even   overheard   him  
planning​  ​his​  ​trysts.  
 
26.Q:​  ​What​  ​happened​  ​when​  ​you​  ​confronted​  ​Eric​  ​on​  ​these​  ​matters?  
A:   Eric   merely   denied   all   my   accusations   and   suspicions   as   to   his  
cheating.   This   was   also   the   reason   why   I   resorted   to   drinking   to   calm  
myself​  ​down​  ​and​  ​ease​  ​my​  ​anxieties.  
 
27.Q:​  ​How​  ​did​  ​you​  ​deal​  ​with​  ​his​  ​denial​  ​and​  ​what​  ​did​  ​you​  ​do​  ​after​  ​that?    
A:   I   felt   the   need   to   find   concrete   evidence   to   confirm   all   my  
suspicions   as   to   Eric’s   infidelity,   aside   from   overhearing   his  
conversations​  ​in​  ​planning​  ​one​  ​of​  ​his​  ​affairs​  ​with​  ​other​  ​women.    
 
28.Q:​  ​What​  ​were​  ​your​  ​further​  ​findings​  ​on​  ​Eric’s​  ​alleged​  ​infidelity?  
A:   There   was   a   time   when   I   was   cleaning   the   house,   I   came   across   a  
nude   photo   of   a   woman   inserted   in   one   of   the   books   in   the   home  
library.​  ​This​  ​confirmed​  ​my​  ​suspicion​  ​that​  ​Eric​  ​was​  ​cheating​  ​on​  ​me.  
 
29.Q:   How   did   you   and   Eric   interact   after   your   confirmation   of   his  
infidelities?    
A:   Our   marriage   got   worst   and   the   situation   at   home   intensified.   We  
often   engaged   into   arguments   and   fights.   Eric   had   also   become   more  
violent,​  ​to​  ​the​  ​extent​  ​that​  ​I​  ​was​  ​left​  ​bruised​  ​and​  ​battered.    
 
30.Q:   How   did   you   cope   with   Eric’s   love   affairs  and  violent  treatment  to  
you?  
A:   I   began   to   become   more   and   more   dependent   to   alcohol   due  to  the  
severity   of   my   problems.   But   since   I   want   to   take  care  of  my  children  
and   continue   to   become   good   mother   to   them,   I   voluntarily   admitted  
myself​  ​into​  ​the​  ​Droga​  ​Foundation​  ​to​  ​rehabilitate​  ​myself.    
 
31.Q:​  ​When​  ​did​  ​you​  ​admit​  ​yourself​  ​into​  ​the​  ​Droga​  ​Foundation?  
A:​  ​In​  ​2010,​  ​I​  ​voluntarily​  ​admitted​  ​myself​  ​into​  ​the​  ​Droga​  ​Foundation.  
 
32.Q:   What   happened   with   the   relationship   of   Eric   with   your   children  
after​  ​your​  ​confinement?  
A:   Because   we   wanted   to   start   anew,   we   decided   to   move   to   a  house  
in   a   subdivision   in   Quezon   City.   But   this   did   not   really   do   much   for  
our   relationship   as   Eric   just   became   more   distant   and   cold   towards  
me.   He   eventually   left   our   home   to   live   with   his   mistress,   Shirley   in  
2011.   As   if   that   was   not   bad   enough,   Eric   decided   to  house  her  in  our  
old   Makati   condominium.   Eric   continued   to  give  us  monthly  financial  
 

support   after   he   left,   although   it   was   intermittent   and   not   enough.   It  


began   with   P100,000   but   he   later   on   increased   it   to   P200,000   as   the  
children’s​  ​needs​  ​and​  ​expenses​  ​also​  ​increased.  
 
33.Q:   What   are   the   expenses   that   are   covered   by   the   monthly   allowance  
that​  ​Eric​  ​gives?    
A:   The   monthly   allowance   that   Eric   gives   is   supposed   to   answer   for  
expenses​  ​on​  ​food,​  ​utility​  ​bills,​  ​tuition​  ​fees​  ​of​  ​the​  ​four​  ​children.    
 
34.Q:​  ​What​  ​is​  ​the​  ​average​  ​total​  ​monthly​  ​expenses​  ​of​  ​the​  ​four​  ​children?  
A:​  ​225,000.00  
 
35.Q:   Where   do   you   get   the   money   necessary   to   pay   for   the   remaining  
balance​  ​of​  ​the​  ​expenses?    
A:   I   resort   to   any   means   to   sustain   the   necessary   expenses   of   the  four  
children,​  ​such​  ​as​  ​pawning​  ​our​  ​jewelries.    
 
36.Q:​  ​What​  ​did​  ​Eric​  ​further​  ​do​  ​after​  ​leaving​  ​you​  ​and​  ​the​  ​four​  ​children?  
A:   I   just   learned   one   day   that   he   also   filed   a   Petition   for   the  
Declaration   of   Nullity   of   our   marriage   based   on   my   alleged  
psychological​  ​incapacity.  
 
37.Q:​  ​How​  ​did​  ​Eric​  ​try​  ​to​  ​prove​  ​your​  ​psychological​  ​incapacity?  
A:   I   was   invited   by   Dr.   Shirley   Cenzon   to   undergo   a   psychiatric  
evaluation.  
 
38.Q:​  ​How​  ​did​  ​the​  ​psychological​  ​evaluation​  ​go?  
A:   I   refused   to   accept   Dr.   Cenzons’s   invitation,   when   I   realized   that  
the   psychiatrist   who   would   conduct   the   evaluation   was   the   very   same  
“Shirley”​  ​with​  ​whom​  ​Eric​  ​was​  ​having​  ​an​  ​affair.    
 
39.Q:   Why   did   you   refuse   to   undergo   the   psychological   evaluation  
conducted​  ​by​  ​Dr.​  ​Cenzon?  
A:   I   expect   that   she   would   put   me   in   a   bad   light   and   make   it   appear  
that   I   am   psychologically   incapacitated   to   further   her   and   Eric’s   plan  
to   nullify   my   marriage   with   Eric,   thereby   making   Eric   eligible   again  
to​  ​marry​  ​Dr.​  ​Cenzon.    
 
40.Q:​  ​What​  ​did​  ​you​  ​do​  ​thereafter​  ​upon​  ​learning​  ​that​  ​Dr.?    
A:   Kimmy  immediately  sought  the  services  of  counsel  to  enable  her  to  
refute​  ​Eric’s​  ​allegations.  
 
Atty.​  ​Chan:​  ​No​  ​further​  ​questions​  ​for​  ​the​  ​witness.  
 

 
 
This   affidavit   is   being   executed   to   attest   to   the   truthfulness   and  
veracity   of   the   foregoing   facts   which   are   based   on   my   personal  
knowledge​  ​and​  ​belief.  
 
IN  WITNESS  WHEREOF,  Ihave  hereunto  affixed  my  signature  
this​  ​30th​  ​day​  ​of​  ​August,​  ​2017​  ​at​  ​Makati​  ​City.  
 
​  ​  ​  ​  ​  ​  ​  ​KIMMY​  ​D.​  ​CONSUNJI    
​  ​  ​  ​  ​  ​  ​Affiant    
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary  
public   in   Makati   City,   on   August   30,   2017.   Affiant   personally   came  
and   appeared   with   Driver’s  License  No.  N04-­88-­123456  issued  by  the  
Land   Transportation   Office   on   August   31,   2016,   bearing   his  
photograph   and   signature   and  Community  Tax  Certificate  No.  456789  
issued   by   Quezon   City   on   March   3,   2016,   and   having   proved   his  
identity   by   competent   proof   of   identity   as   the   same   person   who  
personally   signed   the   foregoing   instrument   before   me   and   avowed  
under   penalty   of   law   to   the   whole   truth   of   the   contents   of   said  
instrument.  
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​12  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
ATTESTATION  
 
I,​  ​Atty.​  ​Yuri​  ​Chan,​  ​of​  ​legal​  ​age,​  ​Filipino,​  ​with​  ​office​  ​address​  ​at​  ​Unit  
304,​  ​Emerald​  ​City​  ​Plaza,​  ​19​  ​Rockwell​  ​Drive​  ​Rockwell​  ​Center,​  ​Makati​  ​City,  
Philippines,​  ​after​  ​being​  ​duly​  ​sworn​  ​depose​  ​and​  ​say​  ​that:  
 
1.​  ​I​  ​personally​  ​conducted​  ​the​  ​examination​  ​of​  ​Kimmy​  ​D.​  ​Consunji​  ​for  
 

Civil​  ​Case​  ​No.​  ​123-­45​  ​entitled​  ​Eric​  ​D.​  ​Consunji​  ​v.​  ​Kimmy​  ​Consunji​  ​for  
Declaration​  ​of​  ​Nullity​  ​with​  ​Demand​  ​for​  ​Support​  ​Pendente​  ​Lite    
 
2.   I   have   faithfully   recorded   or   caused   to   be   recorded   the   questions   I  
asked​  ​and​  ​the​  ​corresponding​  ​answer​  ​that​  ​the​  ​witness​  ​gave;;​  ​and  
 
3.   I   nor   any   other   person   then   present   or   assisting   him   coached   the  
witness​  ​regarding​  ​his​  ​answers;;  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   set   my   hand   on   this   13th  
day​  ​of​  ​June​  ​2016​  ​at​  ​Makati​  ​City.  
 
 
  ​  ​  ​ATTY.​  ​YURI​  ​CHAN  
  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​Counsel​  ​for​  ​Plaintiff  
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   June   13,   2016.   Affiant   personally   came   and   appeared   with  
Driver’s   License   No.   N12-­05-­12984   issued   by   the   Land   Transportation  
Office   on   December   11,   2016,   bearing   her   photograph   and   signature   and  
Community   Tax   Certificate   No.   0045215   issued  by  the  Barangay  Poblacion,  
Makati   City   on   May   17,   2016,   known   to   me   as   the   same   person   who  
personally   signed   the   foregoing   instrument   before   me   and   avowed   under  
penalty​  ​of​  ​law​  ​to​  ​the​  ​whole​  ​truth​  ​of​  ​the​  ​contents​  ​of​  ​said​  ​instrument.  
 
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​13  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
   
 

Republic​  ​of​  ​the​  ​Philippines  


REGIONAL​  ​TRIAL​  ​COURT  
National​  ​Capital​  ​Judicial​  ​Region  
Makati​  ​City​  ​Branch​  ​1  
   
ERIC​  ​C.​  ​CONSUNJI  
Petitioner,  
 
​  ​  ​  ​  ​  ​-­versus-­   Civil​  ​Case​  ​No.​  ​123-­45
FOR:​  ​Declaration​  ​of    
KIMMY​  ​D.​  ​CONSUNJI Nullity​  ​with​  ​Demand​  ​for    
​  ​  ​  ​  ​  ​  ​  ​  ​Respondent. Support​  ​Pendente​  ​Lite  
 
X​  ​-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­​  ​X  
 
JUDICIAL​  ​AFFIDAVIT​  ​OF​  ​MAXIM​  ​D.​  ​CONSUNJI    
 
  I,   MAXIM   D.   CONSUNJI​,   of   legal   age,   single,   and   living   at   24  
Butterfly   St.,   Farm   Subdivision,   Quezon   City,   Philippines,   witness   for   the  
respondent​  ​in​  ​this​  ​case,​  ​states​  ​under​  ​oath​  ​that:  
 
PRELIMINARY​  ​STATEMENT  
 
  The   person   examining   me   is   Atty.   Yuri   Chan   with   address   at   123-­A,  
Magis   St.,   United   Village,   Makati   City.  The  examination  is  being  held  at  the  
office   of   Chan,   Dimaandal   and   Associates   Law   Office   at   Unit  123,  Emerald  
City   Plaza,   45   Rockwell   Drive   Rockwell   Center,   Makati   City,   Philippines.  I  
am   answering   his   questions   voluntarily,   to   the   best   of   my   knowledge   and  
fully   conscious   that   I   do   so   under   oath   and   may   face   criminal   liability   for  
false​  ​testimony​  ​and​  ​perjury.  
   
PURPOSE  
   
  This   affidavit/testimony   of   witness   Maxim   D.   Consunji   being   offered  
to   prove   that   Mrs.   KIMMY   D.   CONSUNJI   is   not   psychologically  
incapacitated​  ​to​  ​fulfill​  ​her​  ​marital​  ​and​  ​parental​  ​obligations.  
   
  The   questions   asked   by   Atty.   Yuri  Chan  and  the  answers  I  gave  are  as  
follows,​  ​to​  ​wit:  
 
1. Q:   Please   state   your   name   and   other   personal   circumstances   for   the  
record.  
 

A:   I   am   Maxim   D.   Consunji,   of   legal   age,   single,   and   residing   at   24  


Butterfly​  ​St.,​  ​Farm​  ​Subdivision,​  ​Quezon​  ​City.  
 
2. Q:​  ​What​  ​is​  ​your​  ​relationship​  ​with​  ​the​  ​parties​  ​in​  ​this​  ​case?  
A:   The   petitioner   is   my   adoptive   father   and   the   respondent   is   my  
mother.    
 
3. Q:   You   mentioned   that   the   petitioner   is   your   adoptive   father,   can   you  
expound​  ​on​  ​this?  
A:   My   mother   had   me   before   she   had  a  relationship  with  my  adoptive  
father.   After   they   got   married,   my   adoptive   father   formally   adopted  
me​  ​as​  ​his​  ​child.    
 
4. Q:​  ​Can​  ​you​  ​describe​  ​your​  ​relationship​  ​with​  ​your​  ​adoptive​  ​father?  
A:   My   relationship   with   my   father   was   very   good   at   first.   I   was   so  
happy   to   be   recognized   as   his   own   child   and   I   am   very   grateful   for  
him   in   this   regard.  However,  as  the  time  pass-­by  and  as  I  was  growing  
up,   I   am   seeing   that   my   adoptive   father   is   unfaithful   to   my   mother.  
Since   I   am   still   my   mother’s  child,  I  have  grown  a  bit  distant  from  my  
adoptive   father.   Also,   there   was   a   time   when   my   father   physically  
abused   my   mom   and   my   mom   went   to   get   professional   medical   help  
in   Medical   City.   I   was   somehow   relieved   when   my   father   left   so   that  
my​  ​mother​  ​will​  ​no​  ​longer​  ​be​  ​physically​  ​abused​  ​by​  ​anyone  
 
5. Q:​  ​Can​  ​you​  ​describe​  ​your​  ​relationship​  ​with​  ​your​  ​mother?  
A:   My   relationship   with   my   mother   has   never   been   bad.   Ever   since   I  
was   a   child,   my   mother   has   always  been  beside  me.  She  went  to  all  of  
my   activities   in   school   and   in   the   parent-­teacher’s   consultation.   In  
addition,   my   mother   gave   me   life   advices   which   helped   mold   my  
current   self.   My   mother   has   never   left   me   and   has   supported   me  even  
until​  ​my​  ​current​  ​studies.    
 
6. Q:​  ​How​  ​was​  ​your​  ​relationship​  ​with​  ​your​  ​mother​  ​after​  ​your​  ​father​  ​left?  
A:   It   strengthened   our   relationship   because   I   am   helping   in   the  
everyday​  ​work​  ​around​  ​the​  ​house​  ​especially​  ​in​  ​the​  ​chores.    
 
7. Q:​  ​After​  ​your​  ​father​  ​left​  ​you,​  ​how​  ​was​  ​your​  ​mother?  
A:   My   mother   is   sometimes   sad   but   she   tries   her   best   to   hide   her  
feelings   from   us.   However,   I   can   feel   her   sadness   sometimes   due   to  
her   actions.   My   mother   is   a   strong   woman   and   I   do   not   think   that   the  
leaving​  ​of​  ​my​  ​adoptive​  ​father​  ​will​  ​break​  ​her​  ​spirit.    
 
 

8. Q:   How   was   your   way   of   life   different   from   before   and   after   your  
father​  ​left.    
A:   We   could   see   our   mother’s   struggles   in   raising   four   kids   on   her  
own.   Even   with   yaya   Maria   around   to   help   out   in   the   household  
chores,   I   could   still   see   my   mom   struggle   to   make   ends   meet.   We   try  
to   pick   do   our   share   of   the   chores,   but   of   course   it’s   not   the   same  
without​  ​dad.  
   
9. Q:​  ​What​  ​is​  ​the​  ​employment​  ​of​  ​your​  ​mother?    
A:   My   mother   is   unemployed   and   devotes   all   of   her   time   to   us,   her  
children.   She   used   to   an   actress   in   her   twenties   but  dad  convinced  her  
that​  ​it​  ​would​  ​be​  ​best​  ​for​  ​us​  ​kids​  ​if​  ​she​  ​became​  ​a​  ​full-­time​  ​mom.    
 
10.   Q:   if   your   mother   is   unemployed,   how   do   you   think   your   mother   is  
able​  ​to​  ​afford​  ​your​  ​way​  ​of​  ​life?  
​  ​A:​  ​My​  ​mother​  ​said​  ​that​  ​my​  ​adoptive​  ​father​  ​still​  ​sends​  ​money​  ​to​  ​her.    
 
11.​  ​  ​Q:​  ​Would​  ​you​  ​know​  ​how​  ​much​  ​it​  ​is?    
  A:   Unfortunately,   my   mother   did   not   inform   us   of   how   much.   But   I  
do​  ​not​  ​think​  ​it​  ​is​  ​enough.    
 
12.​  ​  ​Q:​  ​Why​  ​would​  ​you​  ​say​  ​it​  ​is​  ​not​  ​enough?    
  A:   I   saw   my   mother   counting   the   bills   and   sometimes   looks   sad  
which​  ​I​  ​think​  ​means​  ​that​  ​the​  ​amount​  ​given​  ​is​  ​not​  ​enough.​  ​She  
 
Atty.​  ​Chan:​  ​No​  ​further​  ​questions​  ​for​  ​the​  ​witness.  
 
This   affidavit   is   being   executed   to   attest   to   the   truthfulness   and  
veracity   of   the   foregoing   facts   which   are   based   on   my   personal   knowledge  
and​  ​belief.  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   affixed   my   signature   this  
30th​  ​day​  ​of​  ​August,​  ​2017​  ​at​  ​Makati​  ​City.  
 
​  ​  ​  ​  ​  ​  ​  ​Maxim​  ​D.​  ​Consunji    
​  ​  ​  ​  ​  ​  ​Affiant    
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N04-­11-­970956   issued   by   the   Land  
Transportation   Office   on   March   11,   2016,   bearing   his   photograph   and  
signature   and   Community   Tax   Certificate   No.   410042   issued   by   Quezon  
City   on   July   6,   2017,   and   having   proved   his   identity   by   competent   proof   of  
 

identity   as   the   same   person   who   personally   signed   the   foregoing   instrument  
before   me   and   avowed   under   penalty   of   law   to   the   whole   truth   of   the  
contents​  ​of​  ​said​  ​instrument.  
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​2  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
ATTESTATION  
 
I,   Atty.   Yuri   Chan,   of   legal   age,   Filipino,   with   office   address   at   Unit  
123,   Emerald   City   Plaza,   45   Rockwell   Drive   Rockwell   Center,  Makati  City,  
Philippines,​  ​after​  ​being​  ​duly​  ​sworn​  ​depose​  ​and​  ​say​  ​that:  
   
1.   I   personally   conducted   the   examination   of   Jane   D.   Healer   for   Civil  
Case   No.   123-­45   entitled   Eric   Consunji   versus   Kimmy   D.   Consunji   for  
nullity   of   marriage   with   support   pendente   lite   at   the   aforementioned   office  
address;;  
 
2.   I   have   faithfully   recorded   or   caused   to   be   recorded   the   questions   I  
asked​  ​and​  ​the​  ​corresponding​  ​answer​  ​that​  ​the​  ​witness​  ​gave;;​  ​and  
 
3.   I   nor   any   other   person   then   present   or   assisting   him   coached   the  
witness​  ​regarding​  ​his​  ​answers;;  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   set   my   hand   on   this   30th  
day​  ​of​  ​August​  ​2017​  ​at​  ​Makati​  ​City.  
 
 
  ATTY.​  ​YURI​  ​CHAN  
  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​Counsel​  ​for​  ​Respondent  
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N12-­05-­015247   issued   by   the   Land  
 

Transportation   Office   on   December   11,   2014,   bearing   her   photograph   and  


signature   and   Community   Tax   Certificate   No.   0045215   issued   by   the  
Barangay   Poblacion,   Makati   City   on   May   10,   2017,   known   to   me   as   the  
same   person   who   personally   signed   the   foregoing   instrument   before   me   and  
avowed   under   penalty   of   law   to   the   whole   truth   of   the   contents   of   said  
instrument.  
 
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​3  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
   
 

 
Republic​  ​of​  ​the​  ​Philippines  
REGIONAL​  ​TRIAL​  ​COURT  
National​  ​Capital​  ​Judicial​  ​Region  
Makati​  ​City​  ​Branch​  ​1  
   
ERIC​  ​C.​  ​CONSUNJI  
Petitioner,  
 
​  ​  ​  ​  ​  ​-­versus-­   Civil​  ​Case​  ​No.​  ​123-­45
FOR:​  ​Declaration​  ​of    
KIMMY​  ​D.​  ​CONSUNJI Nullity​  ​with​  ​Demand​  ​for    
​  ​  ​  ​  ​  ​  ​  ​  ​Respondent. Support​  ​Pendente​  ​Lite  
 
X​  ​-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­​  ​X  
 
JUDICIAL​  ​AFFIDAVIT​  ​OF​  ​SANSA​  ​D.​  ​STAR  
   
  I,   SANSA   D.   STAR​,   35   years   old,   single,   and   living   at   23   Butterfly  
St.,   Farm   Subdivision,   Quezon   City.,   witness   for  the  respondent  in  this  case,  
states​  ​under​  ​oath​  ​that:  
 
PRELIMINARY​  ​STATEMENT  
 
  The   person   examining   me   is   Atty.   Yuri   Chan   with   address   at   123-­A,  
Magis   St.,   United   Village,   Makati   City.  The  examination  is  being  held  at  the  
office   of   Chan,   Dimaandal   and   Associates   Law   Office   at   Unit  123,  Emerald  
City   Plaza,   45   Rockwell   Drive   Rockwell   Center,   Makati   City,   Philippines.  I  
am   answering   his   questions   voluntarily,   to   the   best   of   my   knowledge   and  
fully   conscious   that   I   do   so   under   oath   and   may   face   criminal   liability   for  
false​  ​testimony​  ​and​  ​perjury.  
   
PURPOSE  
   
  This   affidavit/testimony   of   witness   Sansa   D.   Star   being   offered   to  
prove   that  Mrs.  KIMMY  D.  CONSUNJI  is  not  psychologically  incapacitated  
to​  ​fulfill​  ​her​  ​marital​  ​and​  ​parental​  ​obligations.  
   
  The   questions   asked   by   Atty.   Yuri  Chan  and  the  answers  I  gave  are  as  
follows,​  ​to​  ​wit:  
1. Q:   Please   state   your   name   and   other   personal   circumstances   for   the  
record.  
 

A:   I   am   Sansa   D.   Star,   35   years   old,   single,   and   residing   at   24  


Butterfly​  ​St.,​  ​Farm​  ​Subdivision,​  ​Quezon​  ​City.  
 
2. Q:​  ​What​  ​is​  ​your​  ​relationship​  ​with​  ​the​  ​parties​  ​in​  ​this​  ​case?  
A:​  ​They​  ​are​  ​my​  ​neighbors  
 
3. Q:​  ​What​  ​can​  ​you​  ​say​  ​about​  ​the​  ​relationship​  ​between​  ​the​  ​spouses?    
A:  Just  like  with  most  marriages,  the  relationship  between  the  husband  
and   the   wife   is   far   from   perfect.   However,   it   went   downhill   when   the  
husband,​  ​Eric,​  ​left​  ​the​  ​family.    
 
4. Q:​  ​What​  ​do​  ​you​  ​know​  ​about​  ​the​  ​reason​  ​Eric​  ​left​  ​the​  ​family?    
A:   Kimmy   informed   me   that   she   found   a   nude   photo   of   a   certain  
“Shirley”​  ​and​  ​she​  ​thinks​  ​she​  ​is​  ​one​  ​of​  ​his​  ​girls.    
 
5. Q:​  ​You​  ​mentioned​  ​“one​  ​of​  ​his​  ​girls”,​  ​what​  ​do​  ​you​  ​mean​  ​by​  ​this?  
A:   Kimmy   mentioned   that   Eric   is   a   womanizer   and   he   is   seeing   a  
number​  ​of​  ​girls​  ​aside​  ​from​  ​Kimmy,​  ​the​  ​wife.    
 
6. Q:​  ​When​  ​Eric​  ​left​  ​the​  ​family,​  ​who​  ​is​  ​left​  ​to​  ​take​  ​care​  ​of​  ​the​  ​children?  
A:   Kimmy   is   the   one   who   takes   care   of   the  children.  Kimmy  is  now  a  
full   time   mother   and   is   no   longer   working   to   give   all   of   her   time   for  
her​  ​kids.​  ​She​  ​prioritizes​  ​her​  ​kids​  ​now.    
 
7. Q:   Would  you  know  if  there  is  still  contact  or  communication  between  
the​  ​spouses?  
A:   Kimmy   once   told   me   to   look   after   the   children.   She   reasoned   that  
she   needs   to   bring   Eric   to   the   hospital   because   she   saw   him  
unconscious   in   the  hospital.  She  even  stayed  in  the  hospital  to  monitor  
his​  ​recovery.    
 
8. Q:   When   Kimmy   was   in   the   hospital,   who   is   looking   after   the  
children?  
A:   As   mentioned   earlier,   in   the   evening,   I   was   asked   to   look   after   the  
children.   The   children   know   me   due   to   the   proximity   of   our   houses.  
Kimmy   and   I   have   become   close   as   she   sometimes   confides   her  
problems   with   me.   In   the  morning,  Kimmy’s  mother  comes  to  pick  up  
the   children   and   lives   with   her   until   Eric   is   discharged   from   the  
hospital.    
 
9. Q:​  ​After​  ​Eric’s​  ​discharge,​  ​what​  ​happens​  ​next?    
 

A:   Kimmy   will   go   home   and  Eric  is  not  with  her.  I  think  he  goes  back  
to​  ​his​  ​own​  ​place​  ​after​  ​the​  ​discharge.    
 
Atty.​  ​Chan:​  ​No​  ​further​  ​questions​  ​for​  ​the​  ​witness.  
 
This   affidavit   is   being   executed   to   attest   to   the   truthfulness   and  
veracity   of   the   foregoing   facts   which   are   based   on   my   personal   knowledge  
and​  ​belief.  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   affixed   my   signature   this  
30th​  ​day​  ​of​  ​August,​  ​2017​  ​at​  ​Makati​  ​City.  
 
​  ​  ​  ​  ​  ​  ​  ​SANSA​  ​D.​  ​STAR    
​  ​  ​  ​  ​  ​  ​Affiant    
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N04-­11-­992256   issued   by   the   Land  
Transportation   Office   on   September   09,   2016,   bearing   his   photograph   and  
signature   and   Community   Tax   Certificate   No.   523742   issued   by   Quezon  
City   on   August   21,   2017,  and  having  proved  his  identity  by  competent  proof  
of   identity   as   the   same   person   who   personally   signed   the   foregoing  
instrument   before   me   and   avowed   under   penalty  of  law  to  the  whole  truth  of  
the​  ​contents​  ​of​  ​said​  ​instrument.  
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​4  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
ATTESTATION  
 
I,   Atty.   Yuri   Chan,   of   legal   age,   Filipino,   with   office   address   at   Unit  
123,   Emerald   City   Plaza,   45   Rockwell   Drive   Rockwell   Center,  Makati  City,  
Philippines,​  ​after​  ​being​  ​duly​  ​sworn​  ​depose​  ​and​  ​say​  ​that:  
 
 

1.   I   personally   conducted   the   examination   of   Sansa   D.   Star   for   Civil  


Case   No.   123-­45   entitled   Eric   Consunji   versus   Kimmy   D.   Consunji   for  
nullity   of   marriage   with   support   pendente   lite   at   the   aforementioned   office  
address;;  
 
2.   I   have   faithfully   recorded   or   caused   to   be   recorded   the   questions   I  
asked​  ​and​  ​the​  ​corresponding​  ​answer​  ​that​  ​the​  ​witness​  ​gave;;​  ​and  
 
3.   I   nor   any   other   person   then   present   or   assisting   him   coached   the  
witness​  ​regarding​  ​his​  ​answers;;  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   set   my   hand   on   this   30th  
day​  ​of​  ​August​  ​2017​  ​at​  ​Makati​  ​City.  
 
 
  ATTY.​  ​YURI​  ​CHAN  
  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​Counsel​  ​for​  ​Respondent  
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N12-­05-­015247   issued   by   the   Land  
Transportation   Office   on   December   11,   2014,   bearing   her   photograph   and  
signature   and   Community   Tax   Certificate   No.   0045215   issued   by   the  
Barangay   Poblacion,   Makati   City   on   May   10,   2017,   known   to   me   as   the  
same   person   who   personally   signed   the   foregoing   instrument   before   me   and  
avowed   under   penalty   of   law   to   the   whole   truth   of   the   contents   of   said  
instrument.  
 
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​5  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
 
 
 

   
 

Republic​  ​of​  ​the​  ​Philippines  


REGIONAL​  ​TRIAL​  ​COURT  
National​  ​Capital​  ​Judicial​  ​Region  
Makati​  ​City​  ​Branch​  ​1  
   
ERIC​  ​C.​  ​CONSUNJI  
Petitioner,  
 
​  ​  ​  ​  ​  ​-­versus-­   Civil​  ​Case​  ​No.​  ​123-­45
FOR:​  ​Declaration​  ​of    
KIMMY​  ​D.​  ​CONSUNJI Nullity​  ​with​  ​Demand​  ​for    
​  ​  ​  ​  ​  ​  ​  ​  ​Respondent. Support​  ​Pendente​  ​Lite  
 
X​  ​-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­​  ​X  
 
JUDICIAL​  ​AFFIDAVIT​  ​OF​  ​MARIA​  ​C.​  ​REYES  
 
I,   MARIA   C.   REYES​,   45   years   old,   married   and   residing   at   1233  
Scout   Rallos   St.,  Quezon  City,  Philippines,  witness  for  the  respondent  in  this  
case,​  ​states​  ​under​  ​oath​  ​that:  
 
PRELIMINARY​  ​STATEMENT  
 
  The   person   examining   me   is   Atty.   Yuri   Chan   with   address   at   123-­A,  
Magis   St.,   United   Village,   Makati   City.  The  examination  is  being  held  at  the  
office   of   Chan,   Dimaandal   and   Associates   Law   Office   at   Unit  123,  Emerald  
City   Plaza,   45   Rockwell   Drive   Rockwell   Center,   Makati   City,   Philippines.  I  
am   answering   his   questions   voluntarily,   to   the   best   of   my   knowledge   and  
fully   conscious   that   I   do   so   under   oath   and   may   face   criminal   liability   for  
false​  ​testimony​  ​and​  ​perjury.  
   
PURPOSE  
   
  This   affidavit/testimony   of   witness   Maria   C.   Reyes   being   offered   to  
prove   that  Mrs.  KIMMY  D.  CONSUNJI  is  not  psychologically  incapacitated  
to   fulfill   her   marital   and   parental   obligations,   to   establish   that   KIMMY  
CONSUNJI   has   been   taking   care   of   their   kids   since   ERIC   CONSUNJI   left  
the   family,   and   to   show   that   ERIC   CONSUNJI   has   been   violent   towards  
KIMMY​  ​CONSUNJI.  
   
  The   questions   asked   by   Atty.   Yuri  Chan  and  the  answers  I  gave  are  as  
follows,​  ​to​  ​wit:  
 

 
1. Q:​  ​Sino​  ​po​  ​sila​  ​and​  ​ano​  ​yung​  ​edad​  ​nila?  
A:​  ​Ako​  ​si​  ​Maria​  ​C.​  ​Reyes.​  ​Ako​  ​po​  ​ay​  ​40​  ​taon​  ​gulang.  
 
2. Ano​  ​po​  ​ang​  ​relasyon​  ​niyo​  ​sa​  ​mag-­asawa?  
A:   ​Ako   yung   katulong   ng   mag-­asawa.   Ako   yung   nag-­aalaga   sa   mga  
bata​  ​pag​  ​wala​  ​yung​  ​mag-­asawa.    
 
3. Q:​  ​Ilang​  ​taon​  ​na​  ​po​  ​kayo​  ​nasa​  ​bahay​  ​ni​  ​Eric​  ​at​  ​ni​  ​Kimmy​  ​at​  ​Kimmy?  
A:   ​Pagsilang   pa   lang   kay   Roxanne,   nandyan   na   po   ako.   Hanggang  
ngayon,   kahit   wala   na   po   si   Sir   Eric,   ako   pa   rin   ang   yaya   ng   mga  
bata.  
 
4. Q:​  ​Kamusta​  ​po​  ​si​  ​Eric​  ​at​  ​si​  ​Kimmy​  ​bilang​  ​mag-­asawa?  
A:   ​Sa   totoo   lang   po,   hindi   masyadong   OK   ang   nakikita   ko   sa   kanila.  
Lagi   po   silang   nag-­aaway   at   nagsisigawan.   Lumala   po   ang   relasyon  
ng   mag-­asawa   nung   umalis   si   Sir  Eric  ng  bahay.  Si  Ma’am  Kimmy  na  
po   yung   naging   tatay   at   nanay   ng   mga   bata   nung   umalis   si   Sir   Eric.  
Sa   totoo   lang   po   sir,   sa   kay   Ma’am   Kimmy   at   sa   mga   bata   po   ako  
naaawa.​  ​Kaya​  ​din​  ​po​  ​ako​  ​di​  ​makaalis.  
 
5. Q:   ​Kamusta   po   ang   reaksyon   ng   mga   bata   nung   umalis   si   Eric   sa  
bahay?  
A:   ​Lagi   po   silang   umiiyak   at   naaawa   sa   nanay   nila.   Sir  Sir  Eric  po…  
Minsan,   nakakatakot   siya.   ​Buti   nalang   at   andyan   palagi   si   Ma’am  
Kimmy   para   sa   mga   anak   kahit   umalis   si   Sir   Eric   sa   bahay.   Sobrang  
hanga​  ​ako​  ​sa​  ​kanya​  ​[Kimmy].    
 
6. Q:   ​Ano   po   yung   ginagawa   ni   Eric   kay   Kimmy   nung   nakatira   pa   siya  
sa​  ​bahay?  
A:   ​Sinasampal   po   ni   Sir   Eric   si   Ma’am   Kimmy,   tinatawag   niyang  
“loshang,”   “pangit,”   “dating   GRO.”   Mga   ganyan   po.   Di   ko   talaga  
alam   kung   paano   natitiis   ni   Ma’am   Kimmy   lahat   ng   pang-­aabuso   ni  
Sir​  ​Eric​  ​sa​  ​kanya.  
 
7. Q:   ​Ano   po   ginagawa   ni   Kimmy   pagkatapos   mangyari   ang   mga  
insidenteng​  ​ganiyan?  
A:​  ​Umiiyak.​  ​Umiinom.​  ​Ganyan.  
 
8. Q:​  ​Meron​  ​pa​  ​rin​  ​bang​  ​komunikasyon​  ​yung​  ​mag-­asawa?  
 

A:   ​Meron   parin   po.   Naalala   ko   umalis   bigla   si   Ma’am   Kimmy   ng  


bahay   para   dalhin   si   Sir   Eric   sa   ospital.   Di   siya  umuwi  ng  bahay  nun  
kasi   busy   sa   pag   intinde   kay   Sir   Eric.   Habang   wala   siya   sa   bahay,  
kami​  ​ni​  ​Ma’am​  ​Sansa​  ​yung​  ​nagbantay​  ​muna​  ​sa​  ​mga​  ​bata.    
 
9. Q:   ​Bumalik   ba   si   Eric   sa   bahay   pagkatapos   niya   ma-­discharge   sa  
ospital?  
A:   ​Hindi   po   sila   magkasama   bumalik.   Si   Ma’am   Kimmy   lang   po  
bumalik​  ​sa​  ​bahay​  ​pagkatapos​  ​ng​  ​insidenteng​  ​yun.    
 
Atty.​  ​Chan:​  ​No​  ​further​  ​questions​  ​for​  ​the​  ​witness.  
 
  This   affidavit   is   being   executed   to   attest   to   the   truthfulness   and  
veracity   of   the   foregoing   facts   which   are   based   on   my   personal  
knowledge​  ​and​  ​belief.  
 
  IN   WITNESS   WHEREOF,   I   have   hereunto   affixed   my  
signature​  ​this​  ​30th​  ​day​  ​of​  ​August,​  ​2017​  ​at​  ​Makati​  ​City.  
 
​  ​  ​  ​  ​Maria​  ​C.​  ​Reyes    
​  ​  ​  ​  ​  ​Affiant      
   
  SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N04-­11-­922222   issued   by   the   Land  
Transportation   Office   on   October   19,   2016,   bearing   his   photograph   and  
signature   and   Community   Tax   Certificate   No.   123455   issued   by   Quezon  
City   on   August   19,   2017,  and  having  proved  his  identity  by  competent  proof  
of   identity   as   the   same   person   who   personally   signed   the   foregoing  
instrument   before   me   and   avowed   under   penalty  of  law  to  the  whole  truth  of  
the​  ​contents​  ​of​  ​said​  ​instrument.  
   
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​6  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
 

Series​  ​of​  ​2017.  


 
 
ATTESTATION  
 
  I,   Atty.   Yuri   Chan,   of   legal   age,   Filipino,   with   office   address   at   Unit  
8F,   8   Rockwell,   Rockwell   Drive   Rockwell   Center,  Makati  City,  Philippines,  
after​  ​being​  ​duly​  ​sworn​  ​depose​  ​and​  ​say​  ​that:  
 
1.   I   personally   conducted   the   examination   of   Maria   C.   Reyes   for   Civil  
Case   No.   123-­45   entitled   Eric   Consunji   versus   Kimmy   D.   Consunji   for  
nullity   of   marriage   with   support   pendente   lite   at   the   aforementioned   office  
address;;  
 
2.   I   have   faithfully   recorded   or   caused   to   be   recorded   the   questions   I  
asked​  ​and​  ​the​  ​corresponding​  ​answer​  ​that​  ​the​  ​witness​  ​gave;;​  ​and  
 
3.   I   nor   any   other   person   then   present   or   assisting   him   coached   the  
witness​  ​regarding​  ​his​  ​answers;;  
 
  IN   WITNESS   WHEREOF,   I   have   hereunto   set   my   hand   on   this   30th  
day​  ​of​  ​August​  ​2017​  ​at​  ​Makati​  ​City.  
 
   
    ATTY.​  ​YURI​  ​CHAN  
    ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​Counsel​  ​for​  ​Respondent  
 
  SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N04-­11-­922222   issued   by   the   Land  
Transportation   Office   on   October   19,   2016,   bearing   her   photograph   and  
signature   and   Community   Tax   Certificate   No.   123455   issued   by   Quezon  
City   on   Aug   19,   2017,   known   to   me   as   the   same   person   who   personally  
signed   the   foregoing   instrument   before   me  and  avowed  under  penalty  of  law  
to​  ​the​  ​whole​  ​truth​  ​of​  ​the​  ​contents​  ​of​  ​said​  ​instrument.  
 
 
 
 
 
   
 

Atty.​  ​Jon​  ​Snow  


Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​7  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
 
 
 
   
 

Republic​  ​of​  ​the​  ​Philippines  


REGIONAL​  ​TRIAL​  ​COURT  
National​  ​Capital​  ​Judicial​  ​Region  
Makati​  ​City​  ​Branch​  ​1  
   
ERIC​  ​C.​  ​CONSUNJI  
Petitioner,  
 
​  ​  ​  ​  ​  ​-­versus-­   Civil​  ​Case​  ​No.​  ​123-­45
FOR:​  ​Declaration​  ​of    
KIMMY​  ​D.​  ​CONSUNJI Nullity​  ​with​  ​Demand​  ​for    
​  ​  ​  ​  ​  ​  ​  ​  ​Respondent. Support​  ​Pendente​  ​Lite  
 
X​  ​-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­​  ​X  
   
JUDICIAL​  ​AFFIDAVIT​  ​OF​  ​JANE​  ​D.​  ​HEALER  
   
  I,   ​Jane   D.   Healer,  25  years  old,  single,  and  living  at  1234  Scout  Rallos  
St.,   Quezon   City,   Philippines,   witness   for   the   Respondent   in  this  case,  states  
under​  ​oath​  ​that:  
   
PRELIMINARY​  ​STATEMENT  
   
  The   person   examining   me   is   Atty.   Yuri   Chan   with   address   at   123-­A,  
Magis   St.,   United   Village,   Makati   City.  The  examination  is  being  held  at  the  
office   of   Chan,   Dimaandal   and   Associates   Law   Office   at   Unit  123,  Emerald  
City   Plaza,   45   Rockwell   Drive   Rockwell   Center,   Makati   City,   Philippines.  I  
am   answering   his   questions   voluntarily,   to   the   best   of   my   knowledge   and  
fully   conscious   that   I   do   so   under   oath   and   may   face   criminal   liability   for  
false​  ​testimony​  ​and​  ​perjury.  
   
PURPOSE  
   
  This   affidavit/testimony   of   witness   Jane   D.   Healer   is   being   offered   to  
prove   that   Mr.   ERIC   C.   CONSUNJI   was   brought   to   the   hospital   in   multiple  
occasions​  ​by​  ​the​  ​wife,​  ​Mrs.​  ​KIMMY​  ​D.​  ​CONSUNJI.  
   
  The   questions   asked   by   Atty.   Yuri  Chan  and  the  answers  I  gave  are  as  
follows,​  ​to​  ​wit:  
 
 

1. Q:   Please   state   your   name   and   other   personal   circumstances   for   the  
record.  
A:   I   am   Jane   D.   Healer,   35   years   old,   single,   and   with   residence   at  
1234   Scout   Rallos   St.,   Quezon   City,   Philippines.   I   am   currently   the  
attending   nurse   in   the   Emergency   Room   unit   of   Medical   City   located  
at​  ​Ortigas​  ​Avenue,​  ​Pasig​  ​City,​  ​Metro​  ​Manila,​  ​Philippines  
 
2.   Q:​  ​How​  ​do​  ​you​  ​know​  ​the​  ​plaintiff​  ​in​  ​this​  ​case?  
A:I   first   met   him   when   he   was   brought   to   the   Emergency   Room   in  
three​  ​separate​  ​occasions.    
 
3.   Q:​  ​Can​  ​you​  ​describe​  ​the​  ​first​  ​occasion?  
A:   The   first   time   was   in   21   January   2017.   He   was   brought   to   the  
hospital   through   an   ambulance   and   accompanied   by   a   woman   who  
identified   herself   as   the   wife   of   the   patient.   The   patient   was   rushed  to  
the​  ​hospital​  ​due​  ​to​  ​  ​alcohol​  ​abuse,​  ​bordering​  ​alcohol​  ​poisoning.    
 
4.   Q:​  ​Can​  ​you​  ​describe​  ​the​  ​second​  ​occasion?  
A:   The   second   time   was   on   05   March   2017.   He   was   brought   to   the  
hospital   by   the   same   woman   who   again,   identified   herself   as   the   wife  
of   the   patient.   This  time,  the  patient  was  confined  in  the  intensive  care  
unit​  ​of​  ​the​  ​hospital​  ​for​  ​alcohol​  ​abuse.    
 
5.   Q:​  ​Can​  ​you​  ​describe​  ​the​  ​third​  ​occasion?  
A:   The   third   time  was  in  18  June  2017.  He  was  brought  to  the  hospital  
by   the   same   woman   who   again,   identified   herself   as   the   wife   of   the  
patient.   The   patient   was   again,   confined   in   the   intensive   care   unit   of  
the​  ​hospital​  ​for​  ​alcohol​  ​abuse.    
 
6.   Q:   Were   you  able  to  get  the  name  of  the  woman  who  identified  as  her  
wife?    
A:Yes.​  ​Her​  ​name​  ​is​  ​Kimmy​  ​D.​  ​Consunji.  
 
7. Q:​  ​How​  ​were​  ​you​  ​able​  ​to​  ​know​  ​her​  ​name?  
A:​  ​That​  ​is​  ​what​  ​she​  ​wrote​  ​in​  ​the​  ​Registration​  ​Form.  
 
8. Q:​  ​How​  ​were​  ​you​  ​able​  ​to​  ​know​  ​her​  ​relationship​  ​with​  ​the​  ​patient?    
A:   She   wrote   in   the   Registration   Form   of   her   relationship   with   the  
patient   and   the   concerned   look   at   the   uneasiness   on   the   part   of   the  
wife   manifested   to   me   that   there   is   a   romantic   relationship   between  
the​  ​woman​  ​and​  ​the​  ​patient.    
 
9. Q:​  ​Are​  ​the​  ​three​  ​instances​  ​your​  ​only​  ​interaction​  ​with​  ​the​  ​parties?    
 

A:   No.   There   was   also   an   instance   where   the   wife,   Kimmy   D.  


Consunji   went   to   the   Emergency   Room  for  the  treatment  of  numerous  
bruises.    
 
10.​  ​Q:​  ​When​  ​did​  ​this​  ​happen?    
  A:   This   happened   sometime   before   hospitalization   of   Eric   Consunji  
in   the   Intensive   Care   Unit.   I   distinctly   remembered   her  because  she  is  
my​  ​first​  ​patient​  ​which​  ​might​  ​be​  ​linked​  ​to​  ​spousal​  ​abuse.    
 
11.Q:​  ​Can​  ​you​  ​describe​  ​the​  ​injury?  
A:   There   were   numerous   soft   tissue   contusions   secondary   to   blunt  
force​  ​trauma​  ​on​  ​the​  ​arms.Asda  
 
12.Q:​  ​Would​  ​you​  ​know​  ​the​  ​cause​  ​of​  ​the​  ​bruising?    
A:   As   medical   professionals,   we   do   not   decide   on   the   cause   of   the  
bruising.    
 
13.Q:   In   your   professional   experience,   how   would   you   categorize   the  
bruising?    
A:   Based   on   experience,   it   is   consistent   with   the   bruising   caused   by  
marital​  ​abuse.    
 
14.​  ​  ​Q:​  ​Why​  ​did​  ​you​  ​not​  ​report​  ​it?    
  A:   The   patient   insisted   that   the   injury   was   due   to   her   tripping   and  
falling   on   the   stairs.   I   just   gave   her   an   advice   to   ask   for   help   the   next  
time​  ​she​  ​fell​  ​down​  ​the​  ​stairs.    
 
Atty.​  ​Chan:​  ​No​  ​further​  ​questions​  ​for​  ​the​  ​witness.  
 
This   affidavit   is   being   executed   to   attest   to   the   truthfulness   and  
veracity   of   the   foregoing   facts   which   are   based   on   my   personal   knowledge  
and​  ​belief.  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   affixed   my   signature   this  
30th​  ​day​  ​of​  ​August,​  ​2017​  ​at​  ​Makati​  ​City.  
 
​  ​  ​  ​  ​  ​  ​  ​JANE​  ​D.​  ​HEALER    
​  ​  ​  ​  ​  ​  ​Affiant    
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N04-­11-­123456   issued   by   the   Land  
Transportation   Office   on   August   10,   2016,   bearing   his   photograph   and  
 

signature   and   Community   Tax   Certificate   No.   456789   issued   by   Quezon  


City   on   April   6,   2017,   and   having   proved   his  identity  by  competent  proof  of  
identity   as   the   same   person   who   personally   signed   the   foregoing   instrument  
before   me   and   avowed   under   penalty   of   law   to   the   whole   truth   of   the  
contents​  ​of​  ​said​  ​instrument.  
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​8  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
ATTESTATION  
 
I,   Atty.   Yuri   Chan,   of   legal   age,   Filipino,   with   office   address   at   Unit  
123,   Emerald   City   Plaza,   45   Rockwell   Drive   Rockwell   Center,  Makati  City,  
Philippines,​  ​after​  ​being​  ​duly​  ​sworn​  ​depose​  ​and​  ​say​  ​that:  
 
1. I   personally   conducted   the   examination   of   Jane   D.   Healer   for   Civil  
Case   No.   123-­45   entitled   Eric   Consunji   versus   Kimmy   D.   Consunji   for  
nullity   of   marriage   with   support   pendente   lite   at   the   aforementioned   office  
address;;  
 
2. I   have   faithfully   recorded   or   caused   to   be   recorded   the   questions   I  
asked​  ​and​  ​the​  ​corresponding​  ​answer​  ​that​  ​the​  ​witness​  ​gave;;​  ​and  
 
3. I   nor   any   other   person   then   present   or   assisting   him   coached   the  
witness​  ​regarding​  ​his​  ​answers;;  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   set   my   hand   on   this   30th  
day​  ​of​  ​August​  ​2017​  ​at​  ​Makati​  ​City.  
 
 
  ATTY.​  ​YURI​  ​CHAN  
  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​Counsel​  ​for​  ​Respondent  
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
 

Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N12-­05-­015247   issued   by   the   Land  
Transportation   Office   on   December   11,   2014,   bearing   her   photograph   and  
signature   and   Community   Tax   Certificate   No.   0045215   issued   by   the  
Barangay   Poblacion,   Makati   City   on   May   10,   2017,   known   to   me   as   the  
same   person   who   personally   signed   the   foregoing   instrument   before   me   and  
avowed   under   penalty   of   law   to   the   whole   truth   of   the   contents   of   said  
instrument.  
 
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​9  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
 
   
 

Republic​  ​of​  ​the​  ​Philippines  


REGIONAL​  ​TRIAL​  ​COURT  
National​  ​Capital​  ​Judicial​  ​Region  
Makati​  ​City​  ​Branch​  ​1  
   
ERIC​  ​C.​  ​CONSUNJI  
Petitioner,  
 
​  ​  ​  ​  ​  ​-­versus-­   Civil​  ​Case​  ​No.​  ​123-­45
FOR:​  ​Declaration​  ​of    
KIMMY​  ​D.​  ​CONSUNJI Nullity​  ​with​  ​Demand​  ​for    
​  ​  ​  ​  ​  ​  ​  ​  ​Respondent. Support​  ​Pendente​  ​Lite  
 
X​  ​-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­-­​  ​X  
 
JUDICIAL​  ​AFFIDAVIT​  ​OF​  ​BEA​  ​T.​  ​RITZ  
   
  I,   BEA   T.   RITZ​,   23   years   old,   single,   and   living   at   2346   Annapolis  
St.,   Greenhills,   San   Juan   City,   Philippines,   witness   for   the   Respondent   in  
this​  ​case,​  ​states​  ​under​  ​oath​  ​that:  
   
PRELIMINARY​  ​STATEMENT  
   
  The   person   examining   me   is   Atty.   Yuri   Chan   with   address   at   123-­A,  
Magis   St.,   United   Village,   Makati   City.  The  examination  is  being  held  at  the  
office   of   Chan,   Dimaandal   and   Associates   Law   Office   at   Unit  123,  Emerald  
City   Plaza,   45   Rockwell   Drive   Rockwell   Center,   Makati   City,   Philippines.  I  
am   answering   his   questions   voluntarily,   to   the   best   of   my   knowledge   and  
fully   conscious   that   I   do   so   under   oath   and   may   face   criminal   liability   for  
false​  ​testimony​  ​and​  ​perjury.  
   
PURPOSE  
   
  This   affidavit/testimony   of   witness   Bea   T.   Ritz   is   being   offered   to  
prove   that   Mr.   ERIC   C.  CONSUNJI  was  brought  to  the  hospital  by  the  wife,  
Mrs.​  ​KIMMY​  ​D.​  ​CONSUNJI.  
 
1. Q:   Please   state   your   name   and   other   personal   circumstances   for   the  
record.  
A:   Bea   T.   Ritz,   23   years   old,   single,   and   living  at  2346  Annapolis  St.,  
Greenhills,   San   Juan   City,   Philippines.   I   am   currently   the   attending  
 

nurse   in   the   Emergency   Room   unit   of   Cardinal   Santos   Hospital  


located   at   Wilson   St.,   Greenhills,   San   Juan   City,   Metro   Manila,  
Philippines  
 
2.   Q:​  ​How​  ​do​  ​you​  ​know​  ​the​  ​plaintiff​  ​in​  ​this​  ​case?  
A:   I   first   met   him   when   he   was   brought   to   the   Emergency   Room   last  
November​  ​9,​  ​2016.    
 
3.​  ​Q:​  ​Can​  ​you​  ​describe​  ​the​  ​occasion?  
A:   He   was   brought   to   the   hospital   through   an   ambulance   and  
accompanied   by   a   woman   who   identified   herself   as   the   wife   of   the  
patient.   The   patient   was   rushed   to   the   hospital   due   to   anxiety   attack  
and​  ​alcohol​  ​abuse,​  ​bordering​  ​alcohol​  ​poisoning.    
 
4. Q:   Were   you   able   to   get   the   name  of  the  woman  who  identified  as  her  
wife?    
A:​  ​Yes.​  ​Her​  ​name​  ​is​  ​Kimmy​  ​D.​  ​Consunji.  
 
5. Q:​  ​How​  ​were​  ​you​  ​able​  ​to​  ​know​  ​her​  ​name?  
A:​  ​That​  ​is​  ​what​  ​she​  ​wrote​  ​in​  ​the​  ​Registration​  ​Form.    
 
6. Q:​  ​How​  ​were​  ​you​  ​able​  ​to​  ​know​  ​her​  ​relationship​  ​with​  ​the​  ​patient?    
A:   She   wrote   in   the   Registration   Form   of   her   relationship   with   the  
patient.   Further,   the   actions   of   the   lady   companion  and  the  uneasiness  
on   the   part   of   the   wife   manifested   to   me   that   there   is   a   romantic  
relationship​  ​between​  ​the​  ​woman​  ​and​  ​the​  ​patient.    
 
Atty.​  ​Chan:​  ​No​  ​further​  ​questions​  ​for​  ​the​  ​witness.  
 
This   affidavit   is   being   executed   to   attest   to   the   truthfulness   and  
veracity   of   the   foregoing   facts   which   are   based   on   my   personal   knowledge  
and​  ​belief.  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   affixed   my   signature   this  
30th​  ​day​  ​of​  ​August,​  ​2017​  ​at​  ​Makati​  ​City.  
 
​  ​  ​  ​  ​  ​  ​  ​Bea​  ​T.​  ​Ritz    
​  ​  ​  ​  ​  ​  ​Affiant    
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N04-­11-­976456   issued   by   the   Land  
Transportation   Office   on   November   11,   2016,   bearing   his   photograph   and  
 

signature   and   Community   Tax   Certificate   No.   416742   issued   by   San   Juan  
City   on   June   6,   2017,   and   having   proved   his   identity   by   competent   proof   of  
identity   as   the   same   person   who   personally   signed   the   foregoing   instrument  
before   me   and   avowed   under   penalty   of   law   to   the   whole   truth   of   the  
contents​  ​of​  ​said​  ​instrument.  
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​10  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
ATTESTATION  
 
I,   Atty.   Yuri   Chan,   of   legal   age,   Filipino,   with   office   address   at   Unit  
123,   Emerald   City   Plaza,   45   Rockwell   Drive   Rockwell   Center,  Makati  City,  
Philippines,​  ​after​  ​being​  ​duly​  ​sworn​  ​depose​  ​and​  ​say​  ​that:  
 
1. I   personally   conducted   the   examination   of   Jane   D.   Healer   for   Civil  
Case   No.   123-­45   entitled   Eric   Consunji   versus   Kimmy   D.   Consunji   for  
nullity   of   marriage   with   support   pendente   lite   at   the   aforementioned   office  
address;;  
 
2. I   have   faithfully   recorded   or   caused   to   be   recorded   the   questions   I  
asked​  ​and​  ​the​  ​corresponding​  ​answer​  ​that​  ​the​  ​witness​  ​gave;;​  ​and  
 
3. I   nor   any   other   person   then   present   or   assisting   him   coached   the  
witness​  ​regarding​  ​his​  ​answers;;  
 
IN   WITNESS   WHEREOF,   I   have   hereunto   set   my   hand   on   this   30th  
day​  ​of​  ​August​  ​2017​  ​at​  ​Makati​  ​City.  
 
 
  ATTY.​  ​YURI​  ​CHAN  
  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​  ​Counsel​  ​for​  ​Respondent  
 
SUBSCRIBED   AND   SWORN   TO   BEFORE   ME,   a   notary   public   in  
 

Makati   City,   on   August   30,   2017.   Affiant   personally   came   and   appeared  
with   Driver’s   License   No.   N12-­05-­015247   issued   by   the   Land  
Transportation   Office   on   December   11,   2014,   bearing   her   photograph   and  
signature   and   Community   Tax   Certificate   No.   0045215   issued   by   the  
Barangay   Poblacion,   Makati   City   on   May   10,   2017,   known   to   me   as   the  
same   person   who   personally   signed   the   foregoing   instrument   before   me   and  
avowed   under   penalty   of   law   to   the   whole   truth   of   the   contents   of   said  
instrument.  
 
 
Atty.​  ​Jon​  ​Snow  
Notary​  ​Public​  ​for​  ​Makati​  ​City  
Appointment​  ​No.​  ​007​  ​valid​  ​until​  ​December​  ​31,​  ​2017  
85​  ​Rockwell​  ​Drive,​  ​Makati​  ​City  
Roll​  ​No.​  ​123;;​  ​January​  ​30,​  ​2017;;​  ​IBP​  ​Makati​  ​Chapter  
PTR​  ​No.​  ​123;;​  ​January​  ​28,​  ​2017,​  ​Makati​  ​City  
   
Doc​  ​No.​  ​11  
Page​  ​No.​  ​1  
Book​  ​No.​  ​1  
Series​  ​of​  ​2017.  
 
 
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1

ERIC C. CONSUNJI
Petitioner,
Civil Case No. 123-45
-versus- For: Nullity of Marriage
with Demand for Support
KIMMY D. CONSUNJI, Pendente Lite
Respondent.

x-------------------------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT OF ROXANNE D. CONSUNJI

I, ROXANNE D. CONSUNJI, Filipino, 17 years of age, single, and residing at 24 Butterfly St., Farm
Subdivision, Quezon City, after having been sworn in accordance with law, hereby respond to the following
questions being propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law Office at Unit 8F 8
Rockwell Dr. Makati City, with full consciousness that my answers are being given under oath and that I may
otherwise face criminal liability for false testimony or perjury.

PRELIMINARY STATEMENT

The person examining me is Atty. Yuri Chan with address at 123-A, Magis St., United Village, Makati City.
The examination is being held at the office of Chan, Dimaandal and Associates Law Office at Unit 123, Emerald
City Plaza, 45 Rockwell Drive Rockwell Center, Makati City, Philippines. I am answering his questions
voluntarily, to the best of my knowledge and fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury.

PURPOSE

The testimony of Roxanne Consunji is being offered to prove that Kimmy D. Consunji, the respondent, is
able and have been fulfilling her parental and marital obligations.

The questions asked by Atty. Yuri Chan and the answers I gave are as follows:

1. Q: What is your name?


A: Roxanne Consunji.

2. Q: How old are you?


A: 17 years old.
3. Q: Where do you currently live?
A: 24 Butterfly St., Farm Subdivision, Quezon City.

4. Q: Do you understand why you are giving this testimony?


A: Yes.

5. Q: In what language do you wish to have this examination be conducted?


A: English.

6. Q: Why are you giving this testimony?


A: To defend my mother from the accusations of my father against her.

7. Q: Do you understand that you are required to answer the questions truthfully, and that you may be liable for
any falsity?
A: Yes.

8. Q: How are you related to Eric C. Consunji?


A: He is my father.

9. Q: How are you related to Kimmy D. Consunji?


A: She is my mother.

10. Q: Who do you live with in Quezon City.


A: My mother, Maxim, my half-brother and Joy and Jaya, my younger sisters. We also have househelp at
home, Maria.

11. Q: How is your relationship with your mother?


A: It is okay.

12. Q: Can you go into details? What does your mother normally do at home?
A: She makes sure we’re well-fed and healthy. Every day, she sends us to school, makes sure we are
prepared for school and gives us ‘baon.’

13. Q: What else does she do?


A: She also helps us with our homework at night when we get home from school.

14. Q: On weekends what do you do?


A: Sometimes, all of us go to the mall together and on Sundays, we go to Church.

15. Q: How about your yaya, Maria, what does she do?
A: She just helps Mama with the work at home. She does the laundry, cleans the house, and she also cooks.

16. Q: Has your relationship with your mother always been this way?
A: It is only recently that the situation at home is peaceful. When Papa was still staying with us, Mama and
Papa kept fighting, and Mama was always disturbed.

17. Q: Would you know why your parents kept fighting?


A: I think it was because Mama found out that Papa had another woman.
18. Q: How did your parents fight?
A: They would scream at each other. Sometimes, it would get physical that Mama would have bruises when
Papa would restrain her.

19. Q: How was your mother during this time?


A: She was depressed. There were times I would see her crying but she did not really showed us. I just see
her inside her room without her noticing.

20. Q: How is your relationship with your father now?


A: I think it is better now. Our setup is more peaceful with Papa away.

21. Q: Does he visit you?


A: Yes, sometimes, although not regularly.

22. Q: Does your father still support you financially?


A: I am not really aware of our finances. I just know Mama takes care of everything. But Papa does not give
us money directly.

23. Q: So your mother has been able to take good care of you?
A: Yes, she takes care of everything at home.

24. Q: Was there ever a time your electricity and water supply at home got cut off?
A: No, I don’t recall a time we didn’t have electricity or water.

Atty. Yuri Chan: No further questions for the witness.

This affidavit is being executed to attest to the truthfulness and veracity of the foregoing facts which are
based on my personal knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of August, 2017 at Makati
City.

Roxanne Consunji
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N04-11-976456 issued by the Land
Transportation Office on November 11, 2016, bearing his photograph and signature and Community Tax
Certificate No. 416742 issued by San Juan City on June 6, 2017, and having proved his identity by competent
proof of identity as the same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

Atty. Jon Snow


Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION

I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit 123, Emerald City Plaza, 45 Rockwell
Drive Rockwell Center, Makati City, Philippines, after being duly sworn depose and say that:

1. I personally conducted the examination of Jane D. Healer for Civil Case No. 123-45 entitled Eric Consunji
versus Kimmy D. Consunji for nullity of marriage with support pendente lite at the aforementioned office
address;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer
that the witness gave; and

3. I nor any other person then present or assisting him coached the witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand on this 30th day of August 2017 at Makati
City.

ATTY. YURI CHAN


Counsel for Respondent

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N12-05-015247 issued by the Land
Transportation Office on December 11, 2014, bearing her photograph and signature and Community Tax
Certificate No. 0045215 issued by the Barangay Poblacion, Makati City on May 10, 2017, known to me as the
same person who personally signed the foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.
Atty. Jon Snow
Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1

ERIC C. CONSUNJI
Petitioner,
Civil Case No. 123-45
-versus- For: Nullity of Marriage
with Demand for Support
KIMMY D. CONSUNJI, Pendente Lite
Respondent.

x-------------------------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT JOY D. CONSUNJI

I, JOY D. CONSUNJI, Filipino, 10 years of age, single, and residing at 24 Butterfly St., Farm Subdivision,
Quezon City, after having been sworn in accordance with law, hereby respond to the following questions being
propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law Office at Unit 8F 8 Rockwell Dr. Makati
City, with full consciousness that my answers are being given under oath and that I may otherwise face criminal
liability for false testimony or perjury.

PRELIMINARY STATEMENT

The person examining me is Atty. Yuri Chan with address at 123-A, Magis St., United Village, Makati City.
The examination is being held at the office of Chan, Dimaandal and Associates Law Office at Unit 123, Emerald
City Plaza, 45 Rockwell Drive Rockwell Center, Makati City, Philippines. I am answering his questions
voluntarily, to the best of my knowledge and fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury.

PURPOSE

The testimony of Joy Consunji is being offered to prove that Kimmy Consunji, the respondent, is able and
have been fulfilling her parental and marital obligations.

The questions asked by Atty. Kristine Uy and the answers I gave are as follows:

1. Q: What is your name?


A: Joy Consunji.

2. Q: How old are you?


A: 10 years old.
3. Q: Where do you currently live?
A: 24 Butterfly St., Farm Subdivision, Quezon City.

4. Q: Do you understand why you are giving this testimony?


A: Yes.

5. Q: In what language do you wish to have this examination be conducted?


A: English.

6. Q: Why are you giving this testimony?


A: I think Mama and Papa are fighting so I am asked what happens at home.

7. Q: Do you understand that you are required to answer the questions truthfully, and that you may be liable for
any falsity?
A: Yes.

8. Q: How are you related to Eric C. Consunji?


A: Eric is my father.

9. Q: How are you related to Kimmy D. Consunji?


A: Kimmy is my mother.

10. Q: Who do you live with in Quezon City.


A: I live with Mama, Maxim, my brother, and Roxanne and Jaya, my sisters, and yaya Maria.

11. Q: How is your relationship with your mother?


A: I love Mama.

12. Q: Can you go into details? What does your mother normally do at home?
A: She takes us to school. She cooks for us and buys us things we need for school.

13. Q: What else does she do?


A: She also takes care of Jaya, who only stays at home since she is special.

14. Q: On weekends what do you do?


A: We go to church and the mall.

15. Q: How about your yaya, Maria, what does she do?
A: She also cooks and cleans at home and help Mama.

16. Q: Has your relationship with your mother always been this way?
A: No, when Papa was with us, the house always felt chaotic.

17. Q: Chaotic? How?


A: Mama and Papa kept fighting and shouting at each other.

18. Q: Would you know why your parents kept fighting?


A: They don’t really tell me why.
19. Q: How did your parents fight?
A: They would shout at each other. Mama would then end up crying.

20. Q: How was your mother during this time?


A: She was always sad and worried.

21. Q: How is your relationship with your father now?


A: He sees us sometimes.

22. Q: So your mother has been able to take good care of you?
A: Yes, she takes care of all of us.

23. Q: Was there ever a time your electricity and water supply at home got cut off?
A: No, I don’t remember a time we didn’t have electricity or water.

Atty. Kristine Uy: No further questions for the witness.

This affidavit is being executed to attest to the truthfulness and veracity of the foregoing facts which are
based on my personal knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of August, 2017 at Makati
City.

Joy Consunji
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N04-11-976456 issued by the Land
Transportation Office on November 11, 2016, bearing his photograph and signature and Community Tax
Certificate No. 416742 issued by San Juan City on June 6, 2017, and having proved his identity by competent
proof of identity as the same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

Atty. Jon Snow


Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION

I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit 123, Emerald City Plaza, 45 Rockwell
Drive Rockwell Center, Makati City, Philippines, after being duly sworn depose and say that:

1. I personally conducted the examination of Jane D. Healer for Civil Case No. 123-45 entitled Eric Consunji
versus Kimmy D. Consunji for nullity of marriage with support pendente lite at the aforementioned office
address;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer
that the witness gave; and

3. I nor any other person then present or assisting him coached the witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand on this 30th day of August 2017 at Makati
City.

ATTY. YURI CHAN


Counsel for Respondent

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N12-05-015247 issued by the Land
Transportation Office on December 11, 2014, bearing her photograph and signature and Community Tax
Certificate No. 0045215 issued by the Barangay Poblacion, Makati City on May 10, 2017, known to me as the
same person who personally signed the foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

Atty. Jon Snow


Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1

ERIC C. CONSUNJI
Petitioner,
Civil Case No. 123-45
-versus- For: Nullity of Marriage
with Demand for Support
KIMMY D. CONSUNJI, Pendente Lite
Respondent.

x-------------------------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT OF BRIENNE TARTH

I, BRIENNE TARTH, Filipino, 30 years of age, single, and residing at Unit 811 Rockwell Condominium,
Makati City, after having been sworn in accordance with law, hereby respond to the following questions being
propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law Office at Unit 8F 8 Rockwell Dr. Makati
City, with full consciousness that my answers are being given under oath and that I may otherwise face criminal
liability for false testimony or perjury.

PRELIMINARY STATEMENT

The person examining me is Atty. Yuri Chan with address at 123-A, Magis St., United Village, Makati City.
The examination is being held at the office of Chan, Dimaandal and Associates Law Office at Unit 123, Emerald
City Plaza, 45 Rockwell Drive Rockwell Center, Makati City, Philippines. I am answering his questions
voluntarily, to the best of my knowledge and fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury.

PURPOSE

The affidavit/testimony of witness Brienne Tarth is being offered to prove that the marriage of Eric Consunji
and Kimmy Consunji was troubled and that Eric became violent.
The questions asked by Atty. Yuri Chan and the answers I gave are as follows:

1. Q: What is your name?


A: Brienne Tarth.
2. Q: How old are you?
A: 30 years old.

3. Q: Where do you currently live?


A: Unit 811 Rockwell Condominium, Makati City.

4. Q: Do you understand why you are giving this testimony?


A: Yes.

5. Q: Why are you giving this testimony?


A: I understand that Eric is filing a case for the nullity of his marriage to Kimmy and I am asked what I
observed from their relationship.

6. Q: In what language do you wish to have this examination be conducted?


A: English.

7. Q: Do you understand that you are required to answer the questions truthfully, and that you may be liable for
any falsity?
A: Yes.

8. Q: How do you know Eric and Kimmy Consunji?


A: Eric and Kimmy used to live in the condominium unit beside me in 2010. Being my new neighbors, I
introduced myself to them when they moved in.

9. Q: How long have you been living in this condominium?


A: Since 2005 up to the present.

10. Q: How would you describe your relationship with the Consunjis?
A: Initially, we were only neighbors and I had limited interaction with them. We usually see each other on
the hallways and corridors of the condominium and we would just say hi or hello.

11. Q: Did you become close to them?


A: Eventually, I became close to Kimmy because she was the one who remained at home while Eric
worked. I think she was lonely because she had no one talk to while she was at home. Naturally, as
neighbors, we would help each other out. We would talk about the condominium’s problems, her kids, and
other domestic concerns. As time went by and I grew closer to Kimmy, she would invite me to special
occasions, like the kids’ birthdays. I would also invite her if I held a party.

12. Q: What did you notice about the Consunjis’ marriage?


A: At first, their marriage seemed normal and nothing felt off. I started noticing that something was wrong
late in 2010. I forgot the exact date. That was the first instance I heard a ruckus from their unit late at night.
As a result, I was awoken from my sleep. I cannot exactly make up what made the sounds but there were
definitely people shouting at each other like they were fighting. As to what they were fighting about, I could
not make out.

13. Q: What happened next?


A: I just went back to sleep. I did not want to interfere as I thought it was normal that couples have
arguments at times.

14. Q: Was that the only time you noticed this?


A: No. Sadly, after that night, I kept on hearing them fighting from my unit. The worse scenario was when
Kimmy came knocking on my door with bruises. Eric angrily came knocking at my door right after
searching for Kimmy. At first, I was afraid because he looked really mad but I talked sense into him and told
him to let his anger pass and promise that I’ll return Kimmy home the following day. I took her in that night
and took care of her. The day after, I think Eric already calmed down and apologized to her so she went back
to their unit.

15. Q: What else do you know of their marital problems?


A: I’m not close to Eric and all I know is what Kimmy has told me. According to her, their fight started
when she discovered that Eric had another woman. When she told Eric that she knew, Eric denied it. When
she kept on insisting, Eric got mad at her and told her to stop accusing him of something that he did not do.

Many times, Kimmy would keep crying and confide in me with their marital problems. She was so troubled
then. She was worried very much for her children and since the kids were still very young, Kimmy wanted to
keep the family together as much as she could bear.

16. Q: This went on for how long?


A: Ever since that first time I heard them fighting, this went on regularly. Around once a week, I would say,
during the time they were my neighbors. After they moved to Quezon City, I did not hear much from
Kimmy anymore.

Atty. Yuri Chan: No further questions for the witness.

This affidavit is being executed to attest to the truthfulness and veracity of the foregoing facts which are
based on my personal knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day of August, 2017 at Makati
City.

Brienne Tarth
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N04-11-976456 issued by the Land
Transportation Office on November 11, 2016, bearing his photograph and signature and Community Tax
Certificate No. 416742 issued by San Juan City on June 6, 2017, and having proved his identity by competent
proof of identity as the same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

Atty. Jon Snow


Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION

I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit 123, Emerald City Plaza, 45 Rockwell
Drive Rockwell Center, Makati City, Philippines, after being duly sworn depose and say that:

1. I personally conducted the examination of Jane D. Healer for Civil Case No. 123-45 entitled Eric Consunji
versus Kimmy D. Consunji for nullity of marriage with support pendente lite at the aforementioned office
address;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer
that the witness gave; and

3. I nor any other person then present or assisting him coached the witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand on this 30th day of August 2017 at Makati
City.

ATTY. YURI CHAN


Counsel for Respondent
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N12-05-015247 issued by the Land
Transportation Office on December 11, 2014, bearing her photograph and signature and Community Tax
Certificate No. 0045215 issued by the Barangay Poblacion, Makati City on May 10, 2017, known to me as the
same person who personally signed the foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

Atty. Jon Snow


Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
ANNEX A
Danny Cenzon, M.D., FCLPP
PSYCHIATRY

CENZON CLINIC
23 BURGOS STREET
MAKATI
123-4567

PSYCHIATRIC EVALUATION

August 17, 2017

GENERAL DATA: The client is Eric C. Consunji, 45 years old, male, married, Roman
Catholic, residing at Unit 810 Rockwell Condominium, Makati City, Metro Manila. He is
currently a Senior Vice President for Nestle Philippines. He has been separated from wife for
more than 6 years. He consulted for the first time on January 3, 2012.

CHIEF COMPLAINT:

“She takes shabu and mixes it with wine”

“She drove over people in the road without being accountable”

“She does take care of her our children” According to the client.

MEDICAL HISTORY:

He has not been diagnosed with any medical condition.

PSYCHIATRIC HISTORY:

No incidents of any psychological condition.

Perinatal and Early Childhood:

Eric is the oldest of two siblings. He was born via Normal Spontaneous delivery, in a
hospital, assisted by a Doctor. The pregnancy was uncomplicated.

He was breastfed. His developmental milestones were at par with age.

His father was a senior manager for Nestle Philippines.

His mother is a housewife, she cared for her children.

He and his sibling helped out in their grandparents’ merchandising store.


Eric was enrolled in Ateneo de Manila University, for elementary. He had outstanding
grades. He was part of the football team on his second grade.
He was more of a leader but was an excellent team player.

Adolescence:

He continued high school in Ateneo. He was part of the Sea Games football team, where
his team won the championship.

He hoped to be an executive in a multinational company.

His family’s lifestyle was simple.

The principles such as “doing everything to support the family”, “education is the best
gift that a parent can give”, were his parents’ priority. They reminded the children to
value their education, and to strive for a better life.

Adulthood:

Eric took a course of BS Mechanical Engineering at the University of the Philippines –


Diliman.

Eric worked part time in his grandparents’ store as a supervisor.

He was earning and saving while he was in college.

During his time in college, he had a girlfriend of ten years. They eventually broke up due
to his girlfriend leaving for Canada.

He started working as a technical supervisor in Nestle Philippines.

With his savings, he was able to buy a Toyota Corolla.

MARITAL AND RELATIONSHIP HISTORY

While Eric was working in Nestle, he met Kimmy in the gym. He was introduced to her
son.

Eric went out with Kimmy for a number of dates before he started visiting Kimmy’s
house.

Eric and Kimmy’s relationship lasted for 5 years before they started to live-in.

Kimmy did not want to marry Eric. They agreed to have a live-in relationship.
Eric and Kimmy lacked communication. He noticed that Kimmy was often out with her
friends, sometimes she did not go home.

Eric asked Kimmy to stay home more often to tend to the children. She reasoned that
they were not married. Eric tried to pressure her into marriage. While Eric focused on
supporting the
family, Kimmy dated other women.

Eric and Kimmy’s Roxanne, passed the examination in Miriam College. She was not
allowed to enroll because Eric and Kimmy were not married.

Because of the enrollment issue, Eric and Kimmy decided to get married to avoid further
difficulties of having their future children being declared illegitimate. He also wanted
Roxanne to have a good education.

Eric and Kimmy married in civil rites on January 20, 2005 at the Regional Trial Court of
Makati City.

After the weeding, Eric adopted Maxim while Roxanne, Joy, and Jaya was legitimated by
virtue of the subsequent marriage of Eric and Kimmy.

Eric again requested that Kimmy worked as a promo girl in bars and disco houses.
Kimmy also engaged in escort services. She also had an addiction to alcohol and drugs.
She also had anxiety problems which make her turn violent.

On 2010, Kimmy was so addicted to alcohol that she would also lose consciousness. She
also had mixed ‘shabu’ with her alcohol.

On 2011, Kimmy became very violent. One night, Kimmy tried to stab Eric in his sleep.
The incident forced Eric to physically separate himself from Kimmy.

The children are not with Kimmy. They are currently staying with Eric. They are being
tended by Eric’s house help who have taken care of Eric while he was growing up.

PSYCHOLOGICAL TESTS:

CULTURE FAIR TEST


BASIC PERSONALITY INVENTORY
HOUSE-TREE-PERSON
DRAW-A-PERSON TEST
BENDER GESTALT VISUAL MOTOR TEST
LUSCHER FULL COLOR TEST
ZUNG DEPRESSION SCALE

DESCRIPTION OF PSYCHOLOGICAL TESTS USED:


The Culture-Fair IQ Test measures intellectual ability, avoiding the cultural biases inherent in
other intelligence tests.

The Projective drawings were used to elicit psycholopathology of the client. They reveal the
client’s views of herself, on sexuality, beliefs, principles, and family orientation.

The Basic Personality Inventory (BPI) is an innovative, multiphasic personality assessment


intended for use with clinical and normal populations to identify sources of maladjustment and
personal strengths. The BPI can be used with both adolescents and adults, and is completed in
half the time of other measures. The BPI measures twelve distinct psychological traits. Scale
names were chosen to avoid potentially inaccurate diagnostic labels while emphasizing construct
dimensions of psychopathology, The BPI makes use of sophisticated procedures to minimize
susceptibility to the social desirability response bias. It is sensitive to the tendency to describe
oneself in favorable and unfavorable terms. The easy reading level makes it suitable for a variety
of populations.

The Bender-gestalt visual motor test, elicit any form of psychosis, such as auditory hallucination,
delusions.

The Luscher color test reveals the client’s desires, dreams, fantasies, coping skills.

The Zung Depression Scale, is used to elicit any forms of depressive tendencies.

The Mental Status Examination, is an interview that reveals the client’s mood, affect, through
process, thought content, memory impairment, abstract thinking, visuo-spatial, judgment, and
insight.

PSYCHOLOGICAL TEST RESULTS

He is confident of his ability to overcome obstacles.

He has high ideals. He puts importance in planning for the future.

Subject expresses only positive feelings towards his mother.

He expresses complete satisfaction with his father’s personality.

He appears to have given up achieving sexual satisfaction.

He is confident of his ability to overcome obstacles.

He shows concern for spirituality.

No depression on Zung Scale.

No Psychosis.
PSYCHODYNAMIC INFERENCES OF KIMMY I. DORA (Based on the narration of ERIC
C. CONSUNJI, AND PROGRESS REPORTS FROM THE DROGA FOUNDATION)

Kimmy is the second of three siblings.

Her father was unemployed.

Her mother was a sales clerk.

She was unable to graduate from college due to financial constraints.

All her siblings used ‘shabu’ because she introduced them to prohibited drug use.

Her family feared her because she provided for them.

She was known to be very flirtatious. Prior to her relationship with Eric, her relationships
were intense and short-lived. She had a daughter named Maxim with another man.

She used prohibited drugs and drank alcohol every day.

She ran over people in EDSA Pasay City in 2012 while under the influence of alcohol.

In order to support her use of drugs and alcohol, Kimmy mortgaged their car for a loan.
She also attempted to sell their property for less than its fair market value.

The root cause is her dysfunctional family, and environment.

INITIAL MENTAL STATUS EXAMINATION:

Seen an adult male, fairly kempt, in polo shirt and pants. Cooperative to queries. Mood is
dysphoric with appropriate affect. He denies perceptual disturbances such as auditory or visual
hallucinations. He shares his frustration in his failed marriage. He is oriented to time, place, and
person. Intact memory. Fair test judgment, partial insight.

DIAGNOSTIC IMPRESSION OF KIMMY I. DORA (BASED ON THE NARRATION OF


ERIC C. CONSUNJI, AND PROGRESS REPORT FROM THE DROGA FOUNDATION)

AXIS I – Partner relational problems


Methamphetamine HCI induced psychotic disorder (in remission since 2010)
Poly-substance dependence

AXIS II – Anti-social personality disorder


Dependent personality traits
AXIS III – None

AXIS IV – Primary support group (Dysfunctional Family)

AXIS V – Global Assessment of Functioning - 5

REMARKS:
Based on interview and examination of Eric Consunji, Kimmy Dora is suffering from an
Anti-Social personality disorder.

This is characterized by

1. Failure to plan ahead


a. She did not value her education
b. She resulted into sex work to satisfy her needs for drugs and alcohol.
c. She has low tolerance for frustration
d. She had relationships, which served her material needs
2. Failure to conform to social norms
a. She stayed out late with friends
b. She used prohibited drugs and drank alcoholic beverages
3. Careless disregard for the safety of others
a. She hit people while driving
b. She almost attempted to kill her husband
4. Lack of remorse

The root cause is her dysfunctional family, which manifested during early adulthood
characterized as PSEUDO-HOSTILE FAMILY, wherein emotions are suppressed.

RECOMMENDATIONS:

Based on the above findings, it is therefore recommended that Eric C. Consunji’s


marriage to Kimmy I. Dora, be declared null and void, on the basis of her psychological
incapacity to handle essential marital obligations, manifested during adolescence. The root cause
is here dysfunctional family. Here personality disorder is GRAVE, SERIOUS, AND
INCURABLE.

DANNY CENZON, M.D., FCLPP


PSYCHIATRIST
ANNEX B
REPUBLIC OF THE PHILIPPINES)
MAKATI CITY )S.S.


AFFIDAVIT

I, Carolina Alejo, Filipino, of legal age, with address at 420 Ocean Drive,
Forbes Village, Makati City, after being sworn in accordance with law, hereby
depsoe and state:

1. I am a licensed social worker, as evidenced by License No. 34052 dated
January 12, 2016, issued by Makati City.

2. From January 5, 2017 to August 5, 2017, I conducted a case study on the
Consunji family, and found that reconciliation is no longer viable.

3. Based on the foregoing, for the benefit of Eric D. Consunji and Kimmy I.
Dora, I recommended for the nullity of their marriage, if legally feasible,
as evidenced by my issued recommendation.

4. I have nothing to further say at this time.

IN WITNESS WHEREOF, I have affixed my signature on this [date] in 8
Rockwell, 8 Rockwell Drive, Makati City.


Carolina Alejo


JURAT


Subscribed and sworn to before me, a Notary Public in and for Makati City,
affiant exhibiting to me her Community Tax Certificate No. EA127689
issued in Makati City on January 29, 2017 and his Philippine Passport No.
EB 1533286 issued at DFA Manila and expiring on May 16, 2020, who was
identified by me through comptent evidence of identity to be the same
person who presented the foregoing instrument and signed the instrument
in my presence, who took an oath before me as to such instrument.

Witness my hand and seal this 27th day of August 2017.


Jaime Lorenzo P. Bañez
Notary Public For Makati City
Appointment No. 2017-009 until December 31, 2018
8 Rockwell, 8 Rockwell Drive, Makati City
Roll No. 12009
IBP No. 901199; January 12, 2016 until 2018; IBP Makati Chapter
PTR No. 2533538; January 20, 2017; Makati City

Doc. No. 19
Book No. 17
Page No. 34
Series of 2017

ANNEX C


ANNEX D


ANNEX E


ANNEX F
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 15
Makati City

IN RE: IN THE MATER OF


ADOPTION OF MINOR
MAXIM DORA AND
CHANGE OF NAME TO
MAXIM CONSUNJI

SPECIAL
PROCEEDING
NO. 6547

ERIC CONSUNJI
Petitioner

RESOLUTION

In February 14, 2006, herein PETITIONER, Eric Consunji, filed a Petition


to legally adopt the minor child of his legal wife, KIMMY DORA CONSUNJI.
The petition herein provides:

COMES, NOW, THE PETITIONER, through his counsel, and unto this Honorable
Court, most respectfully allege the following:

1. That petitioner is of legal age, Filipino, married to the biological mother of


the child, Maxim Dora, and resident of Unit No. 810, Rockwell
Condominium, Makati City.
2. That he desires to adopt the minor child of his wife, Kimmy Dora Consunji.
3. That this minor child, named MAXIM DORA, who is male, fourteen (14)
years of age, Filipino, and likewise residing at Unit No. 810, Rockwell
Condominium, Makati City.
4. That herein subject minor was born on January 5, 1992 at Caloocan Medical
Center to KIMMY DORA, then unmarried, now his legal wife, which proof
of birth was duly registered in the Register of Births of the Office of the
Civil Registrar of Caloocan City, for which a Certificate of Live Birth was
issued.
5. That during the child’s admission in the center, Eric Consunji has been
considerate and affectionate towards him since the Petitioner started living
with them in 1996, when he was 4 years old, until present when the latter
married his mother.
6. That the DSWD made a Child Study Report on the subject minor child and
recommended that as a kid in his teenage years, Maxim needs the guidance
and love of a father figure.
7. That herein petitioner has the capability and ability to extend to said minor
the kind of financial support that a parent can give to his child.

The COURT hereby RESOLVES to APPROVE the PETITION OF ERIC


CONSUNJI to legally adopt Maxim Consunji as his legal son.

APPROVED.
ANNEX G


ANNEX H


ANNEX I

UNIT #810 Rockwell Condominium, 20 sqm, Condominium Unit


ANNEX J


ANNEX K


ANNEX L

,JNNZ%$POTVOKJ

,JNNZ%$POTVOKJ 4PGUUJTTVFDPOUVTJPOTTFDPOEBSZUPCMVOUGPSDFUSBVNBPOCPUIBSNT

%S7BMFSJF7FSBOP

OCTOBER 13, 2008


.BZ
ANNEX L


ANNEX M
Michelle C. Uson
DIRECTOR

DROGA FOUNDATION
NO. 6 MOLAVE EXTENSION STREET
QUEZON CITY
METRO MANILA
101-98181

MONTHLY PROGRESS REPORT

31 August 2011

CLIENT DATA:

The patient is Mrs. Kimmy D. Consunji, 47 years old, female, married to Mr. Eric C. Consunji
and residing at 24 Butterfly St., Farm Subdivision, Quezon City. She voluntarily admitted herself
to the Droga Foundation in 2011 due to her alcohol abuse. She notes that her increasing
dependence in alcohol is a result of all her frustrations from Eric’s infidelities and violence.
Alcohol use has been her means of coping with all the problems that their family is experiencing.
However, she recognizes the need for her to undergo rehabilitation for the sake of her four
children, who needs her care.

The Droga Foundation offers a basic 6-month rehabilitation program for all substance abuse
patients, and the duration of the program varies depending on the severity of the addiction of the
patient, upon evaluation. Nevertheless, the patient may be released earlier than the basic 6-month
rehabilitation program, provided she has exhibited conduct and behavior consistent with the
rehabilitation program’s objectives. The Foundation continuously observes the behavior of the
patient and releases monthly progress reports regarding his or her rehabilitation.

EVALUATION:

Mrs. Kimmy Consunji admitted herself voluntarily and sincerely on May 28, 2017. Afer only
four months of staying in the rehabilitation facility, she has exhibited great progress and positive
results, resulting to a change of outlook in her life. She has recovered faster than everyone who
were admitted in the past two years. She has realigned her goals and only has one thing in mind:
to preserve her family and take care of her loved ones.

RECOMMENDATION:

Given the said evaluation of Mrs. Consunji and other circumstances, the Foundation is
recommending her early release. Mrs. Consunji.

SIGNED:

Michelle Uson
Director, Droga Foundation
ANNEX N

TRANSFER


ANNEX O


















ANNEX P

&SJD$$POTVOKJ

&SJD$$POTVOKJ "MDPIPM"CVTFCPSEFSJOH"MDPIPM1PJTPOJOH

%S(VJZBC"CSBIBN

June 21, 2009


+BOVBSZ
&SJD$$POTVOKJ

&SJD$$POTVOKJ "MDPIPM1PJTPOJOH"ENJUUP*$6GPSUSFBUNFOU

%S&WBOEFS0OH

November 16, 2009


.BSDI
&SJD$$POTVOKJ

&SJD$$POTVOKJ "MDPIPM1PJTPOJOH"ENJUUP*$6GPSUSFBUNFOU

%S.BSJ[:POHLP

+VOF
February 18, 2010
ANNEX Q

















































ANNEX R








ANNEX S