Judicial affidavit - sample

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MANDALUYONG CITY, BRANCH 158 CARLOS GATMAITAN, Petitioner, -versus-

CIVIL CASE NO. 1433 FOR: DECLARATION OF NULLITY OF

MARRIAGE CARLA GATMAITAN, Respondent, x-----------------------------------x JUDICIAL AFFIDAVIT OF CECILIA LUNA I, Cecilia Luna, Filipino citizen and resident of Lot 1, Block 90, Atlas St., Filinvest II, Barangay Batasan Hills, Quezon City, Metro Manila, after having been duly sworn in accordance with law, hereby depose and state: That I am a registered social worker who conducted the Social Case Study Report on the Gatmaitan family; This Judicial Affidavit is executed to serve as my direct testimony in the instant case, and prove all the allegations in the Petition including all annexes appended thereto and all other related matters, facts and circumstances relevant and material to this case; This Judicial Affidavit was taken at the office of Atty. Norita Paderna at Unit 5437, RCBC Tower, 108 Legaspi St., Legaspi Village, Makati City; The questions asked by Atty. Norita Paderna and the answers I gave are as follows, to wit: 1. Q) Please introduce yourself and indicate your profession. A) I am Cecilia Luna, a registered social worker, having passed the social worker board exam in 2000, and currently working at

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2. Q) Ms. Luna, how long have you been working as a social worker in DSWD? A) since 2000, after I passed the board exam, I have been employed in DSWD.

3. Q) Do you know Carla and Carlos Gatmaitan? A) Yes. 4. Q) In what capacity do you know Carla and Carlos? A) I conducted a Social Case Study Report on their family. 5. Q) Under whose request did you conduct this Social Case Study Report? A) Under Mr. Carlos Gatmaitan 6. Q) How is a Social Case Study conducted? A) We invite the client for an interview about his/her family background and problems. The findings are encoded and signed by a licensed social worker, and thereafter, the Report shall be released to the client. 7. Q) So, which members of the Gatmaitan family did you interview? A) Mr. Carlos, Mrs. Carla, and their children Jim and Jenny. 8. Q) According to your interview with Carlos, what was the family’s situations and problems? A) According to Mr. Gatmaitan, he is no longer happy with his marriage with Mrs. Gatmaitan. Mr. Gatmaitan claims that Mrs. Gatmaitan is not the woman he married; that she is a drug and alcohol addict, had other lovers, and does not make time to take care of their children. He also claims Mrs. Gatmaitan is not financially responsible—that she is too waldas. He also said that Mrs. Gatmaitan tried to kill him while he was sleeping. 9. Q) Did Mr. Gatmaintan tell you how he responded to these alleged behaviors of his wife? A) Mr. Gatmaitan said that at first he tried to tolerate her for the sake of their children. However, he said he could not bear living under the same roof with Mrs. Gatmaitan and so he left by himself. 10.Q) Why, according to Mr. Gatmaitan, did he not bring the children with him? A) Mr. Gatmaitan said he planned to but Mrs. Gatmaitan threatened him that should he insist on bringing the children, Mrs. Gatmaitan will commit suicide and take the children with her. 11.Q) Let’s now go to Mrs. Gatmaitan. According to your interview with Carla Gatmaitan, what was the family’s situations and problems? 2

A) She says their marriage was tranquil at first. However, she soon found out that Mr. Gatmaitan has been keeping strings of lovers. 12.Q) What was her course of action when she found out? A) She said she kept it to herself for fear that if she confronts Mr. Gatmaitan, he will leave them and their children behind. 13.Q) Did Mrs. Gatmaitan admit Mr. Gatmaitan’s claim that she is a drug and alcohol addict? A) Mrs. Gatmaitan said that she used to be an addict but she has undergone rehabilitation and has been clean since. 14.Q) Is it correct that you also interviewed Jim, Jenny, Joy, and Jaya? A) I did not interview Jaya as she is a special child and cannot communicate well. I also did not interview Joy as she is too young and lacks understanding of the situation. 15.Q) In your interview with Jim and Jenny, what did they think about their parents’ situation? A) They are all saddened by the situation. They say their parents have been fighting for years now and they are no longer happy when they get home and find them always fighting. 16.Q) What did they think was the cause of the endless fighting? A) They both think it’s their mother’s tendency to be violent. “Laging sumisigaw”, the children said. She also throws things at their father. At some point, a ceramic plate hit Jim but the mother did not even care. 17.Q) According to Jim and Jenny, why did they not come with their father when he left the house? A) They said their mother needed their assistance more than their father so they decided to stay with their mother. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of August 2015 at Quezon City.

(SGD.) CECILE LUNA Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Quezon City this 29th day of August 2015. Affiant personally came and appeared with her Philippine Passport with no. 081181 issued by the Department of Foreign Affairs on 15th day of August 2013 bearing her photograph and signature, known to me as the same person who personally

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signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument. (SGD.) ALICIA FLORRES Notary Public for Quezon City Until Dec. 31, 2015 Roll of Attorneys No. 11322 PTR No. 12345, 2/2/2015, Quezon City City IBP No. 89655, Lifetime member, Quezon City Chapter MCLE Compliance No. IV-010123, 8/10/15 PTR No. 654123; 2/2/2015; Quezon City Doc No. 11; Page No. 11; Book No. 11; Series of 2015. ATTESTATION I, Norita Paderna, of legal age, Filipino, with postal address Unit 5437, RCBC Tower, 108 Legaspi St., Legaspi Village, Makati City after being duly sworn depose and say that: 1.

I was the one who conducted the examination of witness Jennifer Gatmaitan at my aforementioned office in Unit 5437, RCBC Tower, 108 Legaspi St., Legaspi Village, Makati City

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I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave;

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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 28th day of August 2015 at Mandaluyong City. (SGD.) NORITA PADERNA Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Quezon City this 29th day of August 2015. Affiant personally came and appeared with her Philippine Passport with no. 081181 issued by the Department of Foreign Affairs on 15th day of August 2013 bearing her 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. 4

(SGD.) ALICIA FLORRES Notary Public for Quezon City Until Dec. 31, 2015 Roll of Attorneys No. 11322 PTR No. 12345, 2/2/2015, Quezon City City IBP No. 89655, Lifetime member, Quezon City Chapter MCLE Compliance No. IV-010123, 8/10/15 PTR No. 654123; 2/2/2015; Quezon City Doc No. 11; Page No. 11; Book No. 11; Series of 2015.

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