Judicial Affidavit Annulment Sample

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT REGION VII BRANCH 123 CEBU CITY

JUANA DELA CRUZ Petitioner,

CIVIL CASE NO. 12345 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 respondent’s previous marriage with was still valid and has not yet legally dissolved. The petitioner’s testimony is also offered to prove the legal basis for the declaration of nullity of the petitioner’s marriage with the respondent, the same being bigamous and therefore VOID. 1. Q. record. A. 2. Q. case? A. 3.

Q. A.

4. Q. A. 5. Q. A. 6.

Q. A.

Please state your name and other personal circumstances for the JUANA DELA CRUZ Are you the same JUANA DELA CRUZ, Yes sir. Do you know a certain JUAN DELA CRUZ? Yes sir. He was the man I married on _____________. How did you meet respondent JUAN DELA CRUZ? ____________________________________.

Are you still cohabiting with JUAN DELA CRUZ? No, we have been living separately for five (5) years now since ___________. Do you have of proof your marriage with JUAN DELA CRUZ? Yes sir, I have a NSO Certified marriage contract as my Exhibit "A"

7. Q. A.

Did you have children with JUAN DELZ CRUZ? No, we have no children.

8.

What is the reason for your separation?

Q.

the petitioner in this

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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. A.

How about a certain MARIANG MAKILING do you know her? 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. Exhibit "B"

Yes sir, I have their NSO certified marriage contract which is my

11. Q. and MARIA _________.

Would you know what was the status of the marriage between JUAN when JUAN contracted his second marriage with you and

A.

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

and

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: A: Juan Dela

Do you have proof of your allegations? Yes, Attorney. I have a NSO certified Birth Certificate of the child of 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: your A:

Did you have a pre-nuptial agreement with the respondent regarding properties? 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.

Doc. No. ____ Page No. ____

___________________________________________ Notary Public Commission Serial No. ____________________________ Notary Public for Cebu City. Page 2 of 3

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. __________; __/__/__

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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