Judicial Affidavit Lapiez

Republic of the Philippines REGIONAL TRIAL COURT 7TH Judicial Region Branch 27 Lapu-Lapu City

ARIEL A. LAVAPIEZ, Petitioner, CIVIL CASE 06743-W

NO.

R-LLP-13-

-versusFOR: DECLARATION OF NULLITY OF MARRIAGE UNDER ART. 36 OF THE NEW FAMILY CODE MARILYN GONZAGA—LAVAPIEZ, Respondent. x- - - - - - - - - - - - - - - - - - - - - - - - - - - -/

JUDICIAL AFFIDAVIT OF PETITIONER ARIEL A. LAVAPIEZ I am Ariel A. Lavapiez, of legal age, married, presently residing in #62 Block 27 Deca Homes Mactan IV, Bankal, Lapu-Lapu City, petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT This examination on Petitioner Ariel A. Lavapiez is conducted at the residence of Atty. Orvi G. Ortega in Cebu City by the undersigned counsel for petitioner himself. Petitioner prior to the examination is duly and fully appraised by undersigned counsel of the consequences of his answers to the questioned posited to him. Further, the testimony of petitioner Ariel A. Lavapiez as stated herein will constitute his direct testimony in Court in support of the purpose or purposes the same is to be offered in Court. ___________________________________________________ PURPOSE:

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1. Q: Could you please state for the record your personal circumstances? A: I am Ariel A. Lavapiez, of legal age, married, Filipino, a seafarer by profession and presently residing in #62 Block 27 Deca Homes Mactan IV, Bankal, Lapu-Lapu City. 2. Q: this case? A: 3. Q: Lavapiez? A:

Are you the same Ariel A. Lavapiez who is the petitioner in Yes. Do you know the respondent in this case, Marilyn GonzagaYes, she is my wife.

4. Q: What proof can you show that you are legally married with the respondent in this case? A: I have a Certificate of Marriage issued to me by the NSO. (At this juncture the witness will be showing said Certificate of Marriage which was earlier marked as Exhibit “B” in the Pre-Trial Brief for the Petitioner) 5. Q: How and when did you come to meet your wife for the first time? A: We were introduced to each other by a common friend in the house of the latter on June 24, 1997. I was visiting a friend of mine nicknamed “Doko” at that time whose house is just few meters away from the house of respondent in Fermont Village, Victorias City, Negros Occidental. It so happened that respondent was inside the house of said friend at that time and thus we were introduced to each other. 6.

Q: What transpired after that first meeting with respondent? A: I was enamored and captivated by her beauty so I decided to court her. I visited her house on the following day and after three (3) days of successive and intense courtship I was able to capture the sweet “yes” of respondent. 7.

Q: After you became sweethearts what happened next? A: A month after I returned to my work as seafarer on board an ocean-going vessel. At this time I was already sending allowance to respondent. On March 1998 I arrived back in the country after my tour-ofduty as seafarer and immediately see my sweetheart, herein respondent. On the following month, April 1998 respondent announced to me that she was pregnant. 8. Q: When respondent broke to you the news that you are going to be a father, how did you react and what did you feel? A: It was a mixed feeling of joy over the prospect of becoming a father as I really wanted to settle down being 28 years old already at that time. However, there was also sort of apprehension as I have not yet saved enough money to build a family. We just informed the mother of respondent 2

who upon hearing the news wanted us to get married immediately. We however explained to her the situation and she agreed that marriage will come later when we are prepared already financially. 9.

Q: What did you do then? A: I asked my manning agency that I be abled to report back for work as I need to earn money for my forthcoming child and also for preparation of our wedding. On June 1998 I boarded another ocean-going vessel and this time around I had my pregnant future wife moved to a more spacious and comfortable abode in the neighboring Dream Village still at Victorias City, Negros Occidental. While I was on board, my future wife gave birth to our first child on January 10, 1999 whom we named as KYLLE GONZAGA LAVAPIEZ. 10.

Q: Do you have proof as to the birth of the said child? A: Yes. (At this juncture petitioner is showing copy of the Certificate of Live Birth of the said child issued by NSO earlier marked as Annex “C” in the Pre-Trial Brief for the Petitioner) 11. Q: You said that you were still on your tour-of-duty when respondent gave birth with your first child. When did you come back to the country from work? A: In July 1999 I arrived back in time for our forthcoming wedding and baptismal of our first-born child. 12.

Q: When did the wedding and baptismal occurred? A: On August 28, 1999 we tied the knot in a civil wedding ceremony officiated before the Honorable Presiding Judge of the City Court of Victorias City, Negros Occidental and right thereafter was the bapstism of our child, Kylle Gonzaga Lavapiez. That was the happiest day of my life; 13. Q: After the wedding and then baptism of your child what did you do? A: I stayed for a year before I boarded again an ocean-going vessel. It was during this time that I reviewed for the examination for my licensure as 3rd Mate Seafarer. I wanted also to spend some quality time for my budding family especially with our new-born son. 14. Q: What did you do to support your family during that oneyear lull period? A: I put up a modest grocery store out of my savings from my work as a seaman. 15. Q: Prior to the marriage or during the period of engagement as sweethearts up to the time you decided to tie the knot, how do you describe the respondent as a person and as your sweetheart? A: She was sweet or “malambing”, caring and thoughtful. 3

16. Q: Now, what about after the solemnization of your marriage how do you described herein respondent as a wife and as a person? A: I noticed some significant changes in her attitude which I did not able to observe before the marriage. For one, from being caring and thoughtful person respondent used to be, she became somewhat irritable or a nagger. However, I simply brushed that aside thinking that somewhat this change in attitude is brought about by adjustment on the part of respondent from being single and unattached to being a mother and wife at the same time. 17. Q: Aside from what you observed regarding significant change of attitude of respondent, what did you come to realize if there was any, about her as a wife and as a person relative to events that transpired in your married life as a couple? A: After earning my 3rd Mate Licensure as a Seafarer, I went back to work as seaman on board ocean-going vessels for several times spanning couple of years. All this time while on my tour-of-duty I sent all my earnings by way of allotment to my wife, herein respondent, but every time I go back to the country and go home to my wife no savings whatsoever is left of the hard-earned money I send despite of the fact that I am very confident that my entire earnings is more than enough what my family needs at that time. In fact, the grocery store I have put up got closed which I could not understand why it was losing when in fact I made it a point to fill up the stocks before I go back to work on board ocean-going vessel. I also heard rumors that allegedly my wife was having an illicit affair and indulged herself in vices like drinking and smoking with her friends or “barkadas” while I am still on board a ship. 18.

Q: What did you do regarding this matter? A: I confronted my wife why there was no savings despite all of my earnings as seafarer was sent to her but every time I do so she only got infuriated and will not give me a clear-cut answer and respondent would resort to hysterics. As to the alleged illicit affair and indulging in vices respondent denied everything and insinuated to me that these are just mere product of intrigues coming from certain people who may be at odds with her. 19.

Q: Do you believe what your wife told you? A: Initially, I afforded her the benefit of the doubt but soon thereafter I came to discover myself that all these rumors have badges of truth. 20.

Q: How did you come to know the truth about these things? A: Two (2) days after I arrived on May 31, 2003 my wife asked permission that she will go to the market even if it was already late in the afternoon. Seeing nothing wrong with it I gave my nod. What was wrong was that she went home at late night in the evening around 11:00 o’clock thereof and worst respondent smelled liquor. When I confronted her she 4

simply reasoned out that on her way to the market she met a lady friend who was celebrating an occasion and got invited wherein she took one shot too many of intoxicating beverages. This was not the first offense. On the following day and almost daily thereafter, respondent would leave home at around 5:00 o’clock in the afternoon and would go home around 7:30 o’clock to 8:00 o’clock in the evening looking tired and haggard and every time I confronted her she would give different hundred reasons which explanations most often than not are contrary to human experience. 21.

Q: What else did you observe about your wife? A: My wife turned from bad to worse. She would refuse her marital obligation of procreation. She became a nagger and irreverent wife with a harsh tongue. 22. Q: What else happened aside from those you have mentioned, if there be any? A: Sometime in the month of July 2003 while I was attending a training in Manila in connection with my application for promotion to the rank of Second (2nd) Mate Seaman I got a shocking revelation from my cousin regarding the veracity of the rumors particularly on the alleged illicit affair of my wife while on board an ocean-going vessel. My cousin explained to me that he has personal knowledge about what is going on with my wife but he and my other relatives hesitated to share it with me out of fear what will happened thereafter but this time around he further explained that he is forced to reveal the veracity of the illicit affair of respondent because my cousin and all my relatives cannot stomach anymore that I became the butt of jokes by our neighbors and peers. 23.

Q: What did you do then upon knowing this revelation? A: I immediately went back home and confronted my wife but she flatly and boldly denied the truth about the unpleasant news I got from my cousin. This time around I could truly sense that there was really an iota of truth to these rumors particularly on the alleged illicit affair because also of the sudden change of attitude of my wife especially on her marital obligation of procreation which she was depriving me already plus all the other indicators I have mentioned earlier. 24.

Q: What happened after that? A: I need some breathing space so I decided to back to my parents’ house in Bacolod City though I kept on monitoring my kids. 25.

Q: Why do say kids? A: Before this problem cropped up she gave birth to our second child named MA. KRISHIA GONZAGA LAVAPIEZ on December 23, 2001. 26.

Q:

Do you have proof regarding the birth of your second child? 5

A: Yes. (At this point petitioner is showing copy of the Certificate of Live Birth of the second child issued by the NSO which was earlier marked as Exhibit “D” in the Pre-Trial Brief for the Petitioner). 27.

Q: What did you do after? A: I went back to work as a Seafarer and continued doing my obligations to my family especially to my children by giving them support financially and otherwise. This time around I channeled the needs of my children be it monetary or otherwise thru my close relative as in fact at one point in time the support was channeled thru DSWD. 28. Q: What did you come to know about your wife during this period in time? A: Still what I got to know are all unpleasant and wanton acts of respondent like leaving the conjugal abode and their two (2) children almost every night. When I came back home my wife deprived me of visiting and seeing my children. She even charged me of “kidnapping” our very own children which was ultimately dismissed. 29. Q: You said that you have good reason to believe that indeed your wife was having an illicit affair, did you ever come to confirm this? A: Yes. 30.

Q: How? A: In the most unexpected way. One time my children asked to see me in Bacolod City which I gladly complied as I missed them terribly. It turned out that it was a set-up by my two (2) children to let me and my wife see each other. I checked them in a hotel in Bacolod City and for the sake of the children I tried to talk sensibly with my wife. I noticed my wife not eager about any conversation and treated me dryly but I just pretended not to notice it for the sake of the children. While we were billeted in the hotel my wife went out as she usually does while we were still living under one roof. Alas and behold as fate would have it, I noticed a USB Stick which my wife may have inadvertently left. And out of curiosity what is inside the USB Stick I had it inserted in a computer and to my great chagrin and surprise I found all the damning evidence against her infidelity. (At this juncture petitioner is showing pictures he is referring to as evidence. We humbly request that these be marked accordingly) 31.

Q: What did you do then? A: When my wife came back I confronted her while holding back my temper as I do not wish to tarnish my hand with blood. 32.

Q: What happened? A: Perhaps realizing with that pictures in her USB Stick she cannot anymore deny, she boldly told me right in my face that she does not love me anymore and she does not want me in her life. Right at that moment I felt as 6

if the whole world came crushing on me. She left tagging along our two (2) children and I never saw her again. 33.

Q: What did you do after that? A: Honestly I do not know what to do at that time. All I have in my mind is to leave and find a place far away from home that only gave me bitter and sad memories. By GOD’S WILL I meet an old friend who is close to me and is already based in Lapu-Lapu City, Cebu. I seek refuge in his place and there through meditation and reflection I found myself again and decided to make Lapu-Lapu City as my new home since 2011. 34.

Q: Did you acquire any real properties during your marriage? A: Absolutely none as nothing was saved from all my earnings that I have given to my wife during our cohabitation and marriage. 35.

Q: What do you ask of this Honorable Court? A: I most sincerely ask of this Honorable Court to declare my marriage with respondent last August 28, 1999 as NULL AND VOID AB INITIO on the ground of Psychological Incapacity on the part of respondent which can be established/supported clinically/medically by an expert witness in the field of psychology. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of June 2014 at Cebu City, Philippines. ARIEL A. LAVAPIEZ Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Cebu City this ____th day of ________ 2014. Affiant personally came and appeared with _______________________ issued by the ______________ on _______ at _________________, bearing 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. Atty. __________________________ Notary Public Doc. No. ____ Page No. ____ Book No. ____ Series of 20__

Commission Serial No. ________________ Notary Public for ____________________ Until December 31, 20__ Office: __________________________ Roll No. __________ IBP Lifetime Roll No. _________; __/__/__ ; __ 7

PTR No. _________ ; __/__/__ ; ___ MCLE Compliance Cert. No. __________; __/__/__

I, ORVI G. ORTEGA, of legal age, Filipino, with postal address Rahmann Extension, Kamputhaw, Cebu City, after being duly sworn depose and say: 1. I was the one who conducted the examination of witness ARIEL A. LAVAPIEZ at my aforementioned residence in Cebu City; 2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; 3. 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 June 2014 at Cebu City, Philippines.

ATTY. ORVI G. ORTEGA Affiant SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Cebu City this ____th day of ________ 2014. Affiant personally came and appeared with _______________________ issued by the ______________ on _______ at _________________, bearing 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.

Atty. __________________________ Notary Public Doc. No. ____ Page No. ____ Book No. ____ Series of 20__

Commission Serial No. ________________ Notary Public for ____________________ Until December 31, 20__ Office: __________________________ Roll No. __________ IBP Lifetime Roll No. _________; __/__/__ ; __ PTR No. _________ ; __/__/__ ; ___ MCLE Compliance Cert. No. __________; __/__/__ 8