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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


REGION VII
BRANCH 123
CEBU CITY

JUANA DELA CRUZ CIVIL CASE NO. 12345


Petitioner, FOR: NULLITY OF MARRIAGE

versus

JUAN DELA CRUZ


Respondent.

JUDICIAL AFFIDAVIT OF
PETITIONER

I, JUANA DELA CRUZ , of legal age, married, and living at ________________, Cebu City, petitioner in this
case, after having been duly sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. May Pagasa with office address at _____________ Cebu City. The
examination is being held at the same address. I am answering her questions fully conscious that I do
so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of petitioner JUANA DELA CRUZ is being offered to prove that
the respondent JUAN DELA CRUZ contracted marriage twice, the first on ______________, and the second
one on _________________ with petitioner, while the respondents previous marriage with was still valid
and has not yet legally dissolved. The petitioners testimony is also offered to prove the legal basis for
the declaration of nullity of the petitioners marriage with the respondent, the same being bigamous
and therefore VOID.

1. Q. Please state your name and other personal circumstances for the record.
A. JUANA DELA CRUZ

2. Q. Are you the same JUANA DELA CRUZ, the petitioner in this case?
A. Yes sir.

3. Q. Do you know a certain JUAN DELA CRUZ?


A. Yes sir. He was the man I married on _____________.

4. Q. How did you meet respondent JUAN DELA CRUZ?


A. ____________________________________.

5. Q. Are you still cohabiting with JUAN DELA CRUZ?


A. No, we have been living separately for five (5) years now since ___________.

6. Q. Do you have of proof your marriage with JUAN DELA CRUZ?


A. Yes sir, I have a NSO Certified marriage contract as my Exhibit "A"

7. Q. Did you have children with JUAN DELZ CRUZ?


A. No, we have no children.

8. Q. What is the reason for your separation?


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

9. Q. How about a certain MARIANG MAKILING do you know her?

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

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

A. Yes sir, I have their NSO certified marriage contract which is my Exhibit "B"

11. Q. Would you know what was the status of the marriage between JUAN and MARIA
when JUAN contracted his second marriage with you and _________.

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

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

13. Q: Do you have proof of your allegations?


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

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

15. Q: Did you have a pre-nuptial agreement with the respondent regarding your
properties?
A: None sir.

16. Q: What are you asking this court with respect to this case?
A: I am praying that the Honorable Court would grant my petition for Declaration of
Nullity of my marriage with Juan dela Cruz on the grounds that our marriage is void ab initio for
being BIGAMOUS.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of 2015 at Cebu City.

___________________
Affiant

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

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

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SWORN ATTESTATION

I, ATTY. MAY PAGASA, of legal age, Filipino, with office address at ______________________ Cebu
City after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Juana dela Cruz at my afore-
stated office.

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

3. Neither I nor any other person then present or assisting her coached the witness
regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2015 at ___________.

ATTY. MAY PAGASA


Affiant

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

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

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