REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Manila, ____________

_________________
Petitioner;

- vs - Civil Case No. ______

For: Declaration
of Nullity of
Marriage

______________,
Respondent;
X------------------------------X

JUDICIAL AFFIDAVIT
(Charlie Rivera)

Offer of testimony

The judicial affidavit of the witness for the

petitioner, Clinical Psychologist _____________, is being
presented as an expert witness, in lieu of her direct
testimony and offer to prove that a clinical
identification of the root causes, antecedence, gravity
and incurability of the psychological incapacity of the
respondent to perform his essential marital obligations
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has been made and that it was found that respondent’s
psychological incapacity is in the form of a mental
disorder known as ANTI-SOCIAL PERSONALITY
DISORDER.

The witness, _____________, 35 years old, married,

with address at_________, Clinical Psychologist.

1. Atty. Peralta (manifestation): Your honor, I will

conduct a qualification examination on the witness as
an expert witness.

2. Atty. Peralta (counsel for the petitioner): What is

your educational attainment?

3. Witness: I’m a college graduate, sir.

4. Atty. Peralta: What degree did you finish?

5. Witness: Bachelor in Clinical Psychology, sir.

6. Atty. Peralta: What year did you graduate?

7. Witness: 1990, sir.

8. Atty. Peralta: From what school?

9. Witness: San Beda College, sir.

10. Atty. Peralta: Do you have any achievement in your

school?
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11. Witness: I’m a resident scholar, sir. A dean’s lister.

12. Atty. Peralta: Do you have any postgraduate

course, Mr. Witness?

13. Witness: Yes, sir. I had a Diploma in Industrial

Relations from the School of Labor and Industrial
Relations of the University of the Philippines.

14. Atty. Peralta: What is your major course?

15. Witness: Human Resources Development, sir.

16. Atty. Peralta: What year did you finish your course,
Mr. Witness?

17. Witness: In 1999, sir.

18. Atty. Peralta: Is there any other postgraduate

course that you have?

19. Witness: I’m a candidate for doctorate in

psychology, sir.

20. Atty. Peralta: From what school, Mr. Witness?

21. Witness: From the College of Social Sciences and

Philosophy of the University of the Philippines, sir.

22. Atty. Peralta: What is your major?

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23. Witness: Developmental Psychology, sir.

24. Atty. Peralta: Were you able to practice your

degree, Mr. Witness?

25. Witness: Yes, sir. I’m at present the Administrative

Officer IV of the Human Resources and Management
Office at the City of Manila, sir.

26. Atty. Peralta: In regard to this case, Mr. Witness, is

this your first time to conduct psychological
examination?

27. Witness: No, sir. I had been conducting

psychological examination and evaluation since year
2005 until the present time.

28. Atty. Peralta (manifestation): Your honor, this

representation are done with the qualification of the
witness and I’m submitting her as an expert witness
for your consideration.

29. Atty. Peralta: Mr. Witness, why are you here

before this Honorable Court?

30. Witness: To testify on the psychological

examination I made, sir.

31. Atty. Peralta: What psychological examination was

that?
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32. Witness: A psychological examination to determine
psychological incapacity, sir.

33. Atty. Peralta: What is the purpose of having

determining the psychological incapacity?

34. Witness: To determine the person’s capacity to

comply with the essential marital and parental
obligations.

35. Atty. Peralta: Who was the subject of your

psychological examination?

36. Witness: I made a psychological examination on

the person of Ana Soriano-Reyes, sir.

37. Atty. Peralta: Is she the petitioner in this case, Mr.

witness?

38. Witness: Yes, sir.

39. Atty. Peralta: What procedure did you make on the

petitioner?

40. Witness: I personally met petitioner and assess her

psychological make-up and mental capacities through
interview and written examination.

41. Atty. Peralta: What is your assessment on the

petitioner?
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42. Witness: Petitioner is psychologically healthy to
comply with the essential marital and parental
obligations.

43. Atty. Peralta: What about the respondent

_____________? Did you examine him also?

44. Witness: Yes, sir.

45. Atty. Peralta: What procedure did you make on the

respondent?

46. Witness: I made a psychological analysis of his

behavioral manifestations with the use of data
coming from the petitioner and persons who knew the
respondent and came up with a psychodiagnostic
impression of the respondent.

47. Atty. Peralta: Did you meet also the respondent?

48. Witness: I don’t have the opportunity, sir.

49. Atty. Peralta: Why not?

50. Witness: Because Dante did not respond to the

invitation letter I sent to him.

51. Atty. Peralta: What was the purpose of that letter-

invitation, Mr. Witness?

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52. Witness: So that I can conduct personal
examination on him, sir.

53. Atty. Peralta: What is your assessment on

respondent’s unresponsive conduct?

54. Witness: It indicate his refusal to undergo

interview and psychological testing, sir.

55. Atty. Peralta: Do you have a copy of that letter-

invitation, Mr. Witness?

56. Witness: Yes, sir.

57. Atty. Peralta: Will you please show to this

honorable court the letter-invitation.

58. Witness: Here it is, sir.

(at this juncture the witness hand-over the letter-

invitation to counsel)

59. Atty. Peralta: What is the relation of this letter-

invitation to the one you mentioned?

60. Witness: That is the letter-invitation I sent to

_________________, sir.

61. Atty. Peralta (Manifestation): Your Honor, the

witness have just identified a letter-invitation she
sent to the respondent. The letter consisting of 1
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 page has been previously marked as Exhibit “D” last
December 7, 2014 during the pre-trial conference.

This representation is handing over to the prosecutor

the letter-invitation and respectfully request to
manifest whether it is the original copy.

62. Atty. Peralta: Did the respondent receive the

letter-invitation?

63. Witness: Yes, sir.

64. Atty. Peralta: What proof do you have?

65. Witness: A return card, sir.

66. Atty. Peralta: Will you please show to this

honorable court the return card.

67. Witness: Here it is, sir.

(at this juncture the witness hand-over the return

card to counsel)

68. Atty. Peralta (Manifestation): Your Honor, the

witness have shown a return card that has been
previously marked as Exhibit “E” last December 7,
2014 during the pre-trial conference.

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69. Atty. Peralta: At the back of this return card, a
certain _____________ received the letter-invitation,
does the name sound familiar to you, Mr. Witness?

70. Witness: Yes, sir. It is the same name as what

petitioner told me to be the paramour of respndent
whom he met in Dubai, which he begot a son.

71. Atty. Peralta (Manifestation): It is requested

that the signature Christine Miranda be marked as
Exhibit “E-1”

This representation is handing over to the prosecutor

the return card and respectfully request to manifest
whether it is the original copy.

72. Atty. Peralta: Going back to respondent, Mr.

witness, what do you mean by psychodiagnostic
impression?

73. Witness: It is a best clinical impression given

based on available information in the absence of the
respondent.

74. Atty. Peralta: Given your psychodiagnostic

impression of the respondent, how do you assess his
mental and psychological behavior toward marital
life?

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75. Witness: Respondent is psychologically
incapacitated to perform his marital and parental
obligations.

76. Atty. Peralta: In psychological or clinical terms,

how would you call this mental disorder of the
respondent?

77. Witness: Respondent’s psychological condition is

clinically labeled as ANTI-SOCIAL PERSONALITY
DISORDER.

78. Atty. Peralta: What are the features of a person

suffering with this kind of disorders?

79. Witness: People suffering from Anti-Social

Personality Disorder display a pervasive pattern of
disregard for and violation of, the rights of others as
well as failure to conform to social norms with
respect to lawful behaviors that begins from
adolescence and continues into adulthood. They are
impulsive and deceitful for personal profit and
pleasure. Individuals with Antisocial Personality
Disorder also tend to be consistently and extremely
irresponsible and have reckless disregard for
personal safety of others, yet unremorseful. In
addition, they are also aggressive and irritable.

80. Atty. Peralta: Did you detect all of these in the

respondent?

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81. Witness: Yes, sir.

82. Atty. Peralta: Would this mental disorder be

consistent with her psychological incapacity to
perform the essential marital and parental
obligations.

83. Witness: Yes, sir. In fact, it is constitutive of his

psychological incapacity to perform his essential
marital and parental obligations.

84. Atty. Peralta: Would you be able to know at what

point in respondent’s life did his anti-social
personality disorder occur?

85. Witness: During his childhood, sir.

86. Atty. Peralta: Why did you say that?

87. Witness: Because respondent have shown to have

an unhealthy childhood development.

88. Atty. Peralta: Could you please elaborate on that

Mr. Witness?

89. Witness: He grew up in a dysfunctional family that

harbors faulty moral values. The mere existence of
the relationship of his father to his step mother who
was also his aunt regards for his faulty moral
development. There was also no authority figure and
that nobody would provides proper guidance,
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 genuine love and care and proper nurturance for his
adequate and healthy personality development.

90. Atty. Peralta: Does respondent have manifested

during his marriage his having an antisocial
personality disorder?

91. Witness: His having an extramarital relationship to

4 women and begotten two children to two of them
and in fact, he lives with his present paramour to the
house of his parents where he and petitioner used to
lived is a manifestation of his lack of respect and
love to the petitioner, which is characteristic of
respondent’s pathological behavior.

92. Atty. Peralta: What else Mr. Witness do you

consider as manifestation of respondent’s antisocial
personality disorder?

93. Witness: His not giving support to his son with the
petitioner. Respondent even introduced his paramour
to his son after he left the conjugal dwelling. He
finds it hard to even recognize the needs and the
feelings of his son.

94. Atty. Peralta: To what extent is the psychological

incapacity of the respondent, Mr. witness?

95. Witness: It is grave and incurable.

96. Atty. Peralta: Why did you say it is grave?

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97. Witness: Respondent is incapable of showing
commitment, fidelity, trust, support and love toward
the petitioner and to his child.

98. Atty. Peralta: Can you further explain on this or

what are the manifestations of this gravity?

99. Witness: The failure of the marriage between the

parties was due mainly to the pathological or
unhealthy psychological constructs respondent has
been harboring long before he married petitioner.
Without a doubt respondent is clearly
psychologically incapacitated to properly assume
the obligations of a married man and a father. He is
immature, irresponsible and unremorseful. He finds
it hard to even recognize the needs and the feelings
of others. His lack of insight on his behaviors has
dragged his wife and child into a life of misery. He is
also a person who has a deficient perception of his
duties as a family man and his reckless disregard for
the feelings and welfare of his family.

100. Atty. Peralta: Why do you say that it is incurable?

101. Witness: The psychological incapacity of the

respondent is indeed deeply rooted in his personality
development. It is already his character. No amount
of therapy, no matter how intensive, can possibly
change the respondent in so far as incapability to
perform his essential marital obligations with the
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 petitioner and to their child concerned. The
petitioner made efforts to try to save the marriage
but to no avail. He would always be in denial of his
own psychological incapacity and therefore he would
likewise resist any treatment or therapy.

102. Atty. Peralta: Does respondent have shown

manifestation of his incurability of his psychological
incapacity?

103. Witness: Yes, sir.

104. Atty. Peralta: What is that?

105. Witness: After respondent asked petitioner and her

parents to pay his placement fee for Dubai,
respondent still did not give support to the petitioner
and their son and even have another paramour while
in Dubai to whom he got another son.

106. Atty. Peralta: You said this is deeply rooted, what

are the root causes of this psychological incapacity
of the respondent?

107. Witness: The root cause of respondent’s

incapacitating behaviors can be traced back to his
psychologically unhealthy childhood. The absence of
genuine parental guidance, authentic love, affection
and discipline during his formative years made
respondent a very deprived individual who
constantly longs for attention and satisfaction which
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 made evident during his grown up years. Thriving in
a lifestyle that is devoid of values and morality, he
thus has learned to adopt ways that would enable
him to fulfill his own desires without regards to
others. Social criticism do not seem to bother him at
all as he is without insight of his actions, thereby
making it almost impossible to him to realize that his
ways are faulty and unacceptable. His condition has
been so deeply rooted in his personality structure
thereby making is to be permanent and incurable.

108. Atty. Peralta: Did you reduce your psychological

findings into writing?

109. Witness: Yes, sir.

110. Atty. Peralta: Do you have a copy of your

psychological findings, Mr. Witness?

111. Witness: Yes, sir.

112. Atty. Peralta: Will you please show to this

honorable court the psychological findings.

113. Witness: Here it is, sir.

(at this juncture the witness hand-over the

psychological findings to counsel)

114. Atty. Peralta: What is the relation of this

psychological findings to the one you mentioned?
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115. Witness: That is the psychological findings I
prepared, sir.

116. Atty. Peralta (Manifestation): Your Honor, the

witness have just identified a psychological
findings denominated as psychological report
consisting of 13 pages. This has been previously
marked as Exhibit “C” last December 7, 2014 during
the pre-trial conference.

This representation is handing over to the prosecutor

the psychological report and respectfully request to
manifest whether it is the original copy.

117. Atty. Peralta: There is a signature appearing on

page 13 of this document, whose signature is this?

118. Witness: This is my signature, sir.

119. Atty. Peralta (Manifestation): It is requested

that the signature appearing on page 13 be marked
as Exhibit “C-1”

120. Atty. Peralta: What then would you recommend of

this marriage with petitioner and the respondent,
Mr. witness?

121. Witness: I recommend that this marriage be

annulled. The facts of this case render
reconciliation impossible and totally not healthy as
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 this will only cause continuous pain and suffering
to both of them especially on the part of the
petitioner.

122. Atty. Peralta (manifestation): That will be all for the

witness, your Honor.

STATEMENT UNDER OATH

I, _____________, witness for the petitioner in this

case, have answered the question asked of me by Atty.
Adrian Peralta in the language I knew fully conscious of
the consequences of my testimony and that I might face
criminal liability for false testimony or perjury.

_________________
Affiant

ATTESTATION

I, ATTY. ADRIAN PERALTA, of legal age, counsel for the

petitioner, with office address at Unit 456, One San
Miguel Avenue Bldg, Ortigas, Pasig City, after having
duly sworn in the accordance with law do hereby
depose and say that:

1. I personally conducted the direct

examination of Charlie Rivera in the above
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 captioned and numbered case, in the manner herein
provided;

2. I faithfully recorded or caused to be

recorded the questions I asked and the
corresponding answers that the witness gave;

3. Neither myself nor any other person then

present or assisting me coached the petitioner
regarding her answers.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this ________________, in the City of Manila

____________________
Counsel for the Petitioner

SUBSCRIBED AND SWORN TO before me this 20 th

day of October 2015, in the City of Manila, affiant
exhibited to me his Professional License/ Driver’s
license No. _____________, issued on January 7, 2014, at
Manila.

NOTARY PUBLIC

Doc. No.
Page No.
Page 18 of 19
Book No.
Series of 2015

Copy furnished:

Office of the Solicitor General

134 Amorsolo St., Legaspi Vill.,
1229 Makati City

Manila Prosecution Office

Hall of Justice
Manila

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