JA - Nabua

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 30 San Fernando City, La Union ONOFRE G. MANUEL, JR., Petitioner - versus -

Civil Case No. 9114 For: DECLARATION OF

NULLITY OF MARRIAGE JOANNE M. MANUEL, Respondent. x--------------------x

JUDICIAL AFFIDAVIT OF MICHELLE E. NABUA I, MICHELLE E. NABUA, of legal age, married, Filipino citizen and with residence at Pedro Elena Estate, Purok 5, Pagudpud, City of San Fernando, La Union, a witness in this case, state under oath as follows: 1. That I executed this Judicial Affidavit to serve as my direct testimony in this case; 2. That this Judicial Affidavit is offered to prove: a. To prove that she conducted a psychological evaluation on the person of the Petitioner and Respondent; b. To prove that either of the parties or both parties are suffering from psychological incapacity to perform essential marital obligations; c. To prove that such psychological incapacity of the parties is permanent, serious, incurable and existing prior to marriage; and d. To testify on other relevant matters and identify other relevant documents. 3. That the QUESTIONS were propounded by petitioner’s counsel, Atty. GILBERT R. HUFANA, in the English language;

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4. That the examination was held at the office of Atty. GILBERT R. HUFANA at Block 1 Lot 16 Manna Residences, Pagdaraoan, San Fernando City, La Union. 5. That the ANSWERS were given by me, also in the English language; 6. That I answered the questions asked of me intelligently and truthfully with full consciousness under oath; and 7. I fully understand that I may face criminal liability for false testimony and perjury. The following were questions propounded on me by my counsel, Atty. GILBERT R. HUFANA, with my corresponding answers: Q1: Please state your name, age, address, occupation and other personal circumstances. A1: I am MICHELLE E. NABUA, 38 years old, psychologist, Filipino citizen, married and a resident of Pedro Elena Estate, Purok 5, Pagudpud, City of San Fernando, La Union. Q2: Madam Witness, do you know the Petitioner ONOFRE G. MANUEL, JR. in this case? A2: Yes sir, I met him when I conducted a psychological evaluation upon his person last April 29, 2014. Q3: Do you have proof that you indeed conducted a psychological evaluation upon his person? A3: Yes sir, the findings were reduced into writing in the form of a Psychological Analysis Report. Q4: If that Psychological Evaluation Report will be shown to you, will you be able to identify it? A4: Yes sir. Q5: I am showing to you a Psychological Evaluation Report consisting of fifteen pages including the cover page will you go over the same and tell me if this is the Psychological Evaluation Report that you have prepared for the Petitioner. A5: Yes sir, this is the Psychological Evaluation Report that I have prepared for Onofre G. Manuel, Jr. Q6: How do you know ma’am? A6: I signed the report sir. Civil Case No. 9114 Judicial Affidavit of Michelle E. Nabua Page 2 of 8

Q7: On page fourteen (14) of said report is a signature above the printed text “Michelle E. Nabua”. Do you know whose signatures is this? A7: That is my signature, sir. Q8: You said that you conducted a psychological analysis upon the person of Onofre G. Manuel, Jr., for what purpose was it? A8: It was in relation to the case that he filed for the declaration of his marriage with his wife, Joanne M. Manuel, to be null and void ab initio. Q9: How did you conduct the psychological analysis? A9: I interviewed the Petitioner to gather information about his family background and marital history. After that, I administered psychological tests. Q10: What were the psychological tests given to Petitioner? A10:The tests given were Intelligence Test, Emotional Intelligence Test, Sack’s Sentence Completion Test, Hand Test and Draw a Person Test. Q11: What were your findings? A11: The results of the tests given to the Petitioner indicate that he is suffering from PassiveAggressive Personality Disorder. Q12: What kind of disorder is this, Madam Witness? A12: It is a disorder exhibited by the Petitioner’s feeling of weakness which prohibits him from adjusting to the challenges of everyday living, having a poor coping style and willingness to set aside his wishes and feelings. Q13: What made you conclude that Petitioner is suffering from this kind of personality disorder? A13: Out of the twelve symptoms of this kind of personality disorder, Petitioner exhibited three, namely: having the feeling of insecurity, withdrawing into long silences to avoid either confronting or connecting with others, and fear of competition. Q14: In particular, what are the acts of the Petitioner which exhibits these three symptoms? A14: The first symptom, sir, is exhibited by Petitioner’s willingness to submit himself to his wife’s attitude and his lack of confidence to deal with her infidelity and irresponsible attitude. Civil Case No. 9114 Judicial Affidavit of Michelle E. Nabua Page 3 of 8

Q15: How about the second symptom – withdrawing into long silences to avoid either confronting or connecting with others? A15:Petitioner never had the courage to argue with his wife. He prefers to come into silence and just do his responsibility as the head of the family. Q16: And the third symptom? A16:Petitioner has a fear of competition as he prefers to live with simplicity, practically with how his parents taught him. He never had the chance to develop himself to compete with others. Q17: When was this personality disorder developed? A17: Based on the information gathered and the tests conducted, it developed during his early childhood, sir. Q18: Aside from the Petitioner, Madam Witness, were you able to interview other persons in the preparation of your report? A18: Yes sir, I also interviewed his mother, VALENTINA MANUEL, who knows him and his wife and who had the chance to observe their behaviors prior and after the celebration of their marriage. Q19: And what were your findings, based on your interview of his brother? A19:The result of my interview with his mother only strengthened the basis of my findings on Petitioner’s personality disorder, sir. Q20: Were you also able to interview Petitioner’s wife? A20:No sir because according to Petitioner, she no longer had any communication with his wife after their separation, hence, he does not know of any way to contact her. But based on the data gathered from Petitioner and his mother, I was also able to make an evaluation of the Respondent’s personality. Q21: And what was the result of this evaluation? A21:Respondent is suffering from Anti-Social Personality Disorder sir, as exhibited by her attitude towards handling her relationship with Petitioner, being socially venturesome and extravagant as to her way of living and has an attitude which tend to Civil Case No. 9114 Judicial Affidavit of Michelle E. Nabua Page 4 of 8

antagonize, manipulate or treat others either harshly or with callous indifference. Q22: What is the meaning of this ma’am? A22:These characteristics typically make people with antisocial personality disorder unable to fulfill responsibilities related to family, work or school. Q23: Can these personality disorders of the parties be cured? A23:No sir. It is permanent and can no longer be cured considering that it was developed during their early childhood which are their formative stages. They are deeply rooted in their personality structures and had been developed long before the solemnization of their marriage although only explicitly manifested along their married life. Q23: But what if they submit themselves into counseling, medical treatment or intervention? A23: No amount of counseling nor familypsychotherapy can modify their personality disorder, Ma’am, because it is permanent and curable since it is profoundly embedded in their personality during their developmental years so much that they shall never be able to assume marital obligations. Q24: Is it serious? A24: Yes sir, because it affects the way they perform their marital obligations. As I have said earlier, people afflicted with these disorders are unable to fulfill responsibilities related to family, work or school. Q25: Based on your findings, Madam Witness, what do you recommend? A25:I recommend to this Honorable Court that the Petition for the Declaration of Nullity of Marriage between ONOFRE G. MANUEL, JR. and JOANNE M. MANUEL be granted due to psychological incapacity of both parties. Affiant further sayeth naught. IN WITNESS WHEREOF, I have hereunto set my hand this ______________ at San Fernando City, La Union. MICHELLE E. NABUA Affiant/Witness Civil Case No. 9114 Judicial Affidavit of Michelle E. Nabua Page 5 of 8

Proof of Identity shown: _____________________

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of San Fernando, Province of La Union this ____________. Affiant personally came and appeared, known to me as the same person who personally signed the foregoing instrument and avowed under penalty of law to the whole truth of the contents of said instrument. Doc. No. ____ Page No. ____ Book No. ____ Series of 2015.

GILBERT RUIZ HUFANA Notary Public until December 31, 2015 Roll No. 61392 (03.27.2012) IBP No. 974966 (01.06.2015) PTR No. 0316906 (01.06.2015) TIN 920-960-030

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SWORN ATTESTATION I, GILBERT R. HUFANA, of legal age, Filipino, with postal address Block 1 Lot 16 Manna Residences, Pagdaraoan, San Fernando City, La Union after being duly sworn depose and say: 1. I was the one who conducted the examination of witness MICHELLE E. NABUA at my aforementioned office in Block 1 Lot 16 Manna Residences, Pagdaraoan, San Fernando City, La Union; 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 his answers. IN WITNESS WHEREOF, I have hereunto set my hand this __________________ at San Fernando City, La Union. GILBERT R. HUFANA Affiant SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of San Fernando, Province of La Union this ________________. Affiant personally came and appeared with his Driver’s License bearing the number A04-08-004875 issued by the Land Transportation Office at San Fernando City, La Union, valid until April 4, 2017. The identification contains his photograph and signature, 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. Doc. No. ____ Page No. ____ Book No. ____

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Series of 2015.

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