Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT
BRANCH 140, MAKATI CITY
Maria Mercedes H. Angeles
Petitioner, Civil Case No. 18-777888
- versus-
Declaration of Nullity of Marriage under Art. 36 of the Family Code of the Philippines
Cardo P. Angeles
Respondent,
x-----------------------------------x
JUDICIAL AFFIDAVIT AFFIDAVIT OF GIRLIE S. SY
I, GIRLE S. SY, of legal age, Filipino, married, a resident of 123 Lopez St., Green Meadows Subdivision in Quezon City, Metro Manila, after having been sworn in accordance with law, states that:
The person who examined me in the language I understood is ATTY. DEANNA CARMELLI L. GO of the Coloquio, Go, and Associates, in her office at 10th floor One Rockwell Building, Rockwell Center, Makati City.
I am executing this Affidavit to serve as my direct testimony. I answered Atty. Go’s Go’s questions truthfully and based on my personal knowledge, fully conscious that I do so under oath, and that I may face criminal liability for false testimony and perjury.
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Atty. Deanna Carmelli L. Go:
Your Honor, we respectfully submit her Judicial Affidavit to form part and be adopted as Ms. Sy’s direct testimony for the following purposes:
a) To prove that the declaration of nullity of marriage case filed by Petitioner Angeles has no legal basis and is only employed so that Petitioner Angeles can re-marry; b) To prove that Petitioner Angeles has been having an affair with Hernando Gutierrez, that Gutierrez asked Petitioner Angeles to marry him, and that Petitioner Angeles agreed to do so; and c) To testify on other matters relevant to this case.
QUESTIONS AND ANSWERS
1.
2.
3.
4.
5.
Q:
Please state your name and other personal circumstances for the record.
A:
I am Girlie Sy, 28 years if age, Filipino, with residence and postal address at 123 Lopez St., Green Meadows Subdivision, Quezon City, Metro Manila.
Q:
Do you know why you are here today?
A:
Yes, Ma’am. I am here to testify in the declaration of nullity of marriage case filed by Maria against Cardo.
Q:
How do you know Mrs. Maria Angeles, the Petitioner in this case?
A:
We are childhood friends, Ma’am. We both went to Poveda for grade school and high school.
Q:
After high school, did you two stay in touch?
A:
Yes, we did. We live near each other, and our children are also playmates.
Q:
Can you please describe your relationship now with Mrs. Maria Angeles?
A:
We are still very close. We usually have dinner out together, and we exchange text messages often.
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6.
7.
8.
9.
Q:
How about the Respondent in this case, Mr. Cardo Angeles, do you know him?
A:
Yes, I know him, Ma’am. He is the husband of Maria, and the father of her two children. I was also there during their wedding in Palawan.
Q:
Aside from the wedding, were there other times that you met him?
A:
Yes. I do not remember the exact dates, but I think I first met Cardo sometime in October 2015, when Maria introduced him to me as her boyfriend.
Q:
Can you please repeat to the court your address?
A:
I live at 123 Lopez St., Green Meadows Subdivision. That is in Quezon City.
Q:
Do you know where Maria lives?
A:
Yes. She lives in the same subdivision, Ma’am, at 7 Owl, Green Meadows Subdivision.
10. Q: A: 11. Q: A: 12. Q: A: 13. Q: A: 14. Q:
Do you know who is she living with?
She lives with her two children and her parents. Do you know where Cardo lives?
Yes, Ma’am. Cardo lives in Forbes, in Makati. Do you know why they are not living together?
Well, yes, Ma’am. Maria told me that they separated. Do you know when Petitioner Maria moved to Green Meadows Subdivision?
Yes, it was around April 13, 2018. And how do you know this?
A:
It is because I helped Maria move to the house of her parents in Green Meadows.
15. Q:
So are you saying that since April 13, 2018 Mrs. Maria Angeles and Mr. Cardo Angeles have not been living together?
A: 16. Q:
Yes, that is correct, Ma’am. Do you know why Mrs. Maria Angeles is filing this case
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only now when they have already been separated? A: 17. Q: A: 18. Q: A: 19. Q: A: 20. Q: A: 21. Q: A: 22. Q: A:
Yes. She filed this case so she can marry her boyfriend now, Hernando Gutierrez. How do you know this?
Maria told me. She actually texted me when Hernando proposed to her. She even sent me a picture of the ring. Do you have proof of this?
Yes, Ma’am. I have screenshots of our messages. What cellphone did you use in taking a screenshot of the text?
I used an iPhone 6S to take a screenshot of the text. Who is the owner of the iPhone 6S used in taking the screenshot?
It was mine, Ma’am. Who else has access and can use your phone?
I am the only one who has access and can use the phone. When did you take the picture of the text?
April 14, 2018, Ma’am.
23. Q:
How did you take a screenshot of the text you are referring to?
A:
I opened my iPhone to messages. I looked for her message to me and pressed the home and power button at the same time since it was a screenshot feature of the iPhone. Afterwards, I saved it in my photos.
24. Q:
After taking the photo, what did you do?
A:
I printed the photo to have a copy of the screenshot of the text message.
25. Q:
I am showing you a screenshot of a text dated April 14, 2018. Is this the same text you are referring to?
A:
Yes, it is.
Your honor, I would like the screenshot of the text be marked as Exhibit O. 26. Q:
Before Maria told you that Mr. Hernando proposed to her,
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did you know of their relationship? A: 27. Q:
Yes, Ma’am. How do you know of this?
A:
Like I have said, we are close friends. I was also there when she met Hernando.
28. Q:
Since you said that you were present when Maria and Mr. Hernando met, can you recall how they first met?
A:
Yes. Maria and I attended an event of our friend, and one of our friends, Teresa Dela Cruz, introduced Hernando to Maria.
29. Q: A: 30. Q:
And do you remember when that is?
Yes, it was around June 2017. And ever since then, they have been going out. How do you know of this?
A:
Well, she told me. Sometimes, Maria even leaves her child in my house so that she can go out on a date with Hernando.
31. Q:
Would you remember how many times Maria has done this?
A:
From what I remember, maybe four times. Maria leaves her child, Uno, in our house, then she goes out with Hernando.
32. Q:
And how do you know that Maria is with Mr. Hernando Gutierrez during those times?
A:
Well, it is Hernando who picks her up from my house.
33. Q:
From your knowledge, do you know how long Maria and Mr. Hernando have been seeing each other?
A:
Like I have said, they started going out in July of last year, so that means they have been going out for about nine months.
34. Q:
So if they have been going out for around nine months, do you know why Maria is only filing this case now?
A:
As I have said, it is because she wants to marry Hernando. After Hernando proposed to her, she filed this case.
35. Q:
In answering the questions asked of you, are you fully conscious that you are doing so under oath, and that you may face criminal liability for false testimony or perjury?
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A:
Yes, I am fully conscious of such repercussion.
NOTHING FURTHER.
IN WITNESS WEREOF, After answering the questions with full knowledge that I do so under oath and I may face criminal criminal liability for false testimony or perjury, set my hand this 23rd of April 2018 in Makati City.
GIRLIE S. SY
Affiant
ATTESTATION
I, ATTY. DEANNA CARMELLI GO, of legal age, single, Filipino, and with office address at 10th floor One Rockwell Building, Rockwell Center, Makati City, after having duly sworn in accordance with law, hereby depose and state that:
1) I conducted the foregoing examination of the witness Girlie S. Sy; 2) I faithfully caused to be recorded the questions asked and the corresponding answers that the witness gave; and 3) Neither I nor any other person then present or assisting him coached the witness regarding the latter’s answers.
Affiant further sayeth naught.
Makati City, 23 April 2018.
SUBSCRIBED AND SWORN TO BEFORE ME, on the 23rd of April 2018 in Makati City, affiant, who is personally known to me, appeared in person and presented her driver’s license 1212345567 valid until 14 April
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2020, bearing her photograph and signature, known to me as the same person who personally signed the foregoing instrument.
RAYMART LIM NOTARY PUBLIC
Doc. No. ____; Page No. ____; Book No. ____; Series of 2018.
Respectfully submitted.
Makati City, 23 April 2018.
DEANNA CARMELLI L. GO
PTR No. 2648203 / Makati City / 22 April 2017 IBP No. 438247 / Metro Manila / 9 January 2017 Roll of Attorneys No. 122222 MCLE No. V-0009777 / Makati City/ 9 June 2015 E-Mail Address:
[email protected]
Copy furnished to:
Atty. Chloe Chrysilla A. Laxa Andres, Bello, and Laxa Law
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20 Rockwell Drive, Rockwell Center, Makati City
