Republic of the Philippines

REGIONAL TRIAL COURT

BRANCH 04
Second Judicial Region
Tuguegarao City, Cagayan

April Capalungan
Plaintiff, CIVIL CASE NO. 1234

-versus-
For: Annulment of Marriage
June Capalungan
Defendant.
x----------------------------------------x

JUDICIAL AFFIDAVIT OF
LOVELYNARDS BENGSON y DE ASIS

I, LOVELYNARDS BENGSON y DE ASIS, Filipino, of legal age, married, a

resident of Unit 1765 The Columns Ayala Avenue, Barangay Bel-Air 1226 Makati
City, Metro Manila:

PURPOSE
This Judicial Affidavit of the witness Lovelynards D. Bengson is being offered
to prove the following, to wit:
1. That he had an affair both emotionally and sexually with the defendant June
Capalungan;
2. That the said affair was kept in secret and was only known to them;
3. That the defendant, June Capalungan, requested that their relationship not
be disclosed because of the defendants marriage to the plaintiff;
4. That he will also testify on other related and relevant matters.

PRELIMINARY STATEMENT

The person examining me is Atty. Jaycee M. Capalungan with address at ABC

Bldg., Bonifacio St., Tuguegarao City. The examination is being held at the same
address. I am answering his questions fully conscious that I do so under oath and
may face criminal liability for false testimony and perjury.

1. Q. Please state your name and other personal circumstances for the record.
A. I am Lovelynards D. Bengson, of legal age, Filipino, married and a
resident of Unit 1765 The Columns Ayala Avenue, Barangay Bel-Air
1226 Makati City, Metro Manila.

2. Q. How did you know the parties to this case? April Capalungan?

A. I know that she is the wife of June Capalungan.

3. Q. How about June Capalungan?

 A. I knew him since 1985.

4. Q. And what were your relationships to the parties in this case? April
Capalungan?
A. I just met April. She approached me; she said that she found me through
Facebook. When she approached me, she told me that she wanted to know the
truth, the reason why I am here attorney.

5. Q. How about June Capalungan? What is your relationship?

A. He was my longtime boyfriend and partner, we had this relationship since
1985.

6. Q. When you say partner and relationship what do you mean?

A. We both have emotional and sexual relationship.

7. Q. What was the extent of your emotional and sexual relationship?

A. We acted like boyfriends and girlfriends, only that we are both boys.

8. Q. When did your so called relationship started?

A. 1985, if I recall it right its February 21 of that year, its a Thursday.

9. Q. Do you recall that day?

A. I can rarely remember the event, but I can still recall that he mentioned
that he can no longer keep his secret to himself and he knew that we can be
better together and he said the he liked me.

10. Q. What else happened that day?

A. He asked me if I also liked him?

11. Q. What was your reply?

A. I said that I also like him.

12. Q. What happened after that?

A. Our relationship started.

13. Q. This was the relationship that you mentioned a while back?
A. Yes, that started our relationship.

14. Q. During your relationship, did you go out and had dates?
A. Yes, we usually have dinners and frequent meet ups.

15. Q. Where do you usually go? Do you have any favorite place/s?
A. We dont usually go out.

16. Q. You did not go on restaurants or bars or even fast foods for date?
A. No Attorney, we do not go to restaurants, we never went out on a date, at
times I would take out foods and we eat it together.

17. Q. Where do you eat together?

 A. We usually have our dinner at my place.

18. Q. Where is this place?

A. Saguijo Street, in Makati. I used to live in an apartment at the same
street.

19. Q. Is it your choice not to go out?

A. No attorney, he always opted not to eat out. We seldom go out together.

20. Q. Did you ever asked him to eat out?

A. Yes attorney.

21. Q. What was his response?

A. He always rejected my offer and would tell me that he is not yet ready to
be seen with his boyfriend. He would tell me, that he is not yet out with hbis
family and he is afraid that he might be seen by his friends or family.

22. Q. What other things were you doing during the span of your relationship?
A. Usual things that boyfriends and girlfriends would do.

23. Q. Can you be more specific Mr. Witness?

A. He usually sleeps over, because it is accessible to his workplace.

24. Q. What do you usually do when he sleeps over?

A. We sleep together, and do the deed.

25. Q. When you say deed, are we referring to sex?

A. Yes attorney.

26. Q. How many times if you can recall have you had sex with June
Capalungan?
A. We usually do it whenever hes on break or whenever it is his day off,
but as to how many times we have done it, I can no longer recall Attorney.

27. Q. How many years have you been in a relationship with June Capalungan.
A. Four years Attorney, from 1985 to 1989.

28. Q. That is long for a relationship, did you ever met any of his friends or
family members?
A. No attorney, I never met any of them, he never introduced me to any of
them, because he used to say that he is not yet ready to come out.

29. Q. Come out with you? You mean to go out with you?
A. No Attorney, when we say come out, we usually mean, tell the people
about our sexual preference.

30. Q. Did you already come out Mr. Witness, if I may be allowed to inquire
on your personal preferences.
A. No attorney, I am discreet like June.
31. Q. When you say discreet, what do you mean?
A. That my sexual preference is gay, however I choose not to be loud and
not to tell the public of my sexual preference.

32. Q. How about June Capalungan, is he discreet?

A. Yes attorney, he is discreet that is why we seldom go out for our date.

33. Q. Did anyone know about your sexual preference?

A. A few friends attorney, and of course June.

34. Q. Those few friends, did they know about your relationship with June?
A. No attorney, I loved him so much and I never wanted to do something
that he doesnt want me to do.

35. Q. Does that include keeping his sexuality and your relationship?
A. Yes attorney.

36. Q. You mentioned that you broke up with him in 1989, do you still
remember your breakup?
A. I can barely recall that I begged him not to leave me, it was a painful
day, I gave him my all, a sad Monday afternoon in August.

37. Q. Why did you break up?

A. He told me that he doesnt love me anymore; he told me that he is
getting married to a girl.

38. Q. What was your reaction when he said that he is marrying a girl?
A. I almost laughed because he is the more feminine in the relationship, but
the pain is overpowering.

39. Q. After you broke up, did you ever saw each other again?
A. Yes attorney, we saw each other once.

40. Q. Does this meeting planned or was it accidental?

A. It was planned attorney; he went to my apartment and talked to me.

41. Q. Despite the pain, you still entertained him?

A. Yes attorney, I entertained him and talked to him because I still love
him.

42. Q. What happened that day?

A. He said sorry and asked me a favor.

43. Q. What was his favor?

A. He asked me not to disclose our relationship to anyone because he is
getting married.

44. Q. What was your reply to him?

A. I was so furious that I hit him hard.
 45. Q. What did he do?
A. He hugged me and said sorry many times.

46. Q. What happened next?

A. He started kissing me and caressing me and we had sex.

47. Q. Was that the last time you had sex?

A. Yes attorney, that was the last time, before he left he asked me not to tell
anyone about our secret relationship, and I told him that I will not divulge it.

48. Q. Why are you disclosing all this now if you promised him not to disclose
your relationship?
A. I pitied April when she went to me, she was crying, and I know this is
the right thing to do.

49. Q. Do you still love June?

A. No more, Attorney, I have long moved on.

50. Q. What is your purpose of going here?

A. To disclose the truth your honor, because it would be unfair to April.

51. Q. Did you ever meet June again after your last encounter?
A. I just saw him this morning your attorney, and this is our first meeting
after our last sex.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of

__________, 2012 in Tuguegarao City, Cagayan.

LOVELYNARDS D. BENGSON
Affiant

SUBSCRIBED AND SWORN to before me, this ___ day of ____________,

at Tuguegarao City, Cagayan, by the affiant who exhibited his Drivers License
with License No. ___________, issued on ___________, at _________________.

NOTARY PUBLIC
Doc No. ______;
Page No. ______;
Book No.______;
Series of 20____.

ATTESTATION
 I, Atty. JAYCEE M. CAPALUNGAN, of ABC Bldg., Bonifacio St., Tuguegarao
City, under oath, depose and state that:

1 I am the Lawyer who conducted and supervised the examination of the

witness Lovelynards D. Bengson.
2 I faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the witness gave.
3 Neither I nor any other person present or assisting the witness coached her
regarding the latters answers.

ATTY. JAYCEE M. CAPALUNGAN

Roll of Attorneys No. 1000673354
IBP Lifetime Member No. 43596944
MCLE Certificate No. 35984538
PTR No. 56489I2 01/17/16 Tuguegarao,
Cagayan

Doc. No. 721

Page no. 76
Book no. 12
Series of 2012