judicial affidavit

 ___________________ VS.  ___________________ VS.  ___________________  CRIMINAL CASE . ___________________  .  ___________________  HON. ___________________________  HON. ___________________________  RTC- _______________   _______________ , BRANCH ___  BRANCH ___ 

JUDICIAL AFFIDAVIT OF PETITIONER ___________________  PETITIONER  ___________________ 

I,  ___________________ , of legal age, married, and living at  ___________________ , petitioner  in this case, state under oath as follows: PRELIMINARY STATEMENT

The person examining me is Atty.  ___________________  with address at  ___________________ . The examination is being held at the same address. I am answering his 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  ___________________ is being offered to prove that the respondent  ___________________  contracted marriage twice,  ___________________  on  ___________________ , and later with the petitioner   ___________________  on  ___________________  while the respondent’s previous marriage with  ___________________  was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage with the respo espon ndent she was previously married to  ___________________  on  ___________________ , which marriage was still valid and subsisting at the time she contracted marriage with the respondent. 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.

1. Q.  A.

Please Please state state your name and other personal personal circumst circumstances ances for the record. record.  ___________________ .

2.

Are you the same ___________________ , the petitioner in this case? Yes sir.

3.

Q. A.

Q. Do you know a certain ___________________ ?  A. Yes sir. He was the man I married married on ___________________ .

4. Q.  A.

How did you meet him? ___________________ .

5. Q. Are you still living with ___________________ ?  A. We have separated since since ___________________ . 6.

Q. A.

7. Q. A. 8.

Q.  A.

Do you have of proof your marriage with ___________________ ? Yes sir, I have a marriage contract (Exhibit “A”). Do you have children with ___________________ ? We have one (1) child namely, ___________________ , now ____ years old. What is the reason for your separation? The respondent’s infidelity of and lack of sense responsibility. He was jobless, a drug addict and did not care to provide the needs of our family. He was dependent on me.

9. Q. How about a certain ___________________ , do you know her? A. Yes si sir, he he wa was th the wo woman  ___________________  previously previously married married on  ___________________ . 10. Q.

A.

Do you have  ___________________ ?

proof

of

marriage

between

Yes sir, I have a marriage contract (Exhibit “B”).

 ___________________ 

11. Q. What was the status of the marriage between  ___________________  and  ___________________ when ___________________ got married to you?  A.

His marriage with  ___________________  was still valid and has not yet been legally dissolved when he married me.

12. Q. Aside from marriage contracts, do you have other documents to prove the  ________________ married ________________ and yourself?  A. Yes sir, I have a Certification (Exhibit “C”) from the National Statistics Office (NSO) showing  ___________________ ’s record of having two marriages, to  ___________________ and myself. 13. Q. How about you, do you have previous marriage when you married when you  ___________________  marry ?  A. Yes sir, I  ___________________ .

was

previously

married

to

 ___________________  on

Do you have proof of your previous marriage with ___________________ ?

14. Q.  A.

Yes sir, I have a marriage contract (Exhibit “D”).

15. Q. Do you have other proof that you are in fact married to  ___________________  and to ___________________ ? A.

Yes sir, the NSO Certification (Exhibit “E”).

16. Q.

What was the status of your marriage with  ___________________  when you married ___________________ ?

 A.

___________________  was still alive and my marriage with his was still valid and has not yet been legally dissolved when I married ___________________ .

17. Q. You are saying that both of you and the respondent have previous marriage at the time you marry each other? A. 18. Q. properties?

Yes sir. Do you have pre-nuptial agreement with the respondent regarding your 

A.

None Sir.

19.

Q. A.

Do you have common properties with the respondent? None sir.

20.

Q. A.

Do you and the respondent have common creditors? None sir.

IN WITNESS WHEREOF, I have hereunto set my hand this  _____ day of  ___________  2013 at ___________ .  ___________________   Affiant

SUBSCRIBED AND SWORN TO BEFORE ME , a notary public in and for   _________(City/Province)____________  this  ____ th day of   ____________  20 ___ . Affiant personally came and appeared with  _____________(Competent Evidence of Identity)______  issued by the  _________(Government Agency) ______  on  ___(date)__  at  ________(place)_________ , 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.

Doc. No. ____  Page No. ____  Book No. ____  Series of 20 __ 

 Atty ___________________________________________  Notary Public Commission Serial No. ____________________________  Notary Public for  _______(Province/City)______________  Until December 31, 20 __  Office: ______________(address)____________________  Roll No. __________  IBP Lifetime Roll No. _________ ; __/__/__ ; _(Province)_  PTR No. _________ ; __/__/__ ; _(Province)_  MCLE Compliance Cert. No. __________ ; __/__/__ 

I,  ___________________ , of legal age, Filipino,  ______________________ after being duly sworn depose and say:

with

postal

address

1. I was the one who conducted the examination of witness ___________________  at my aforementioned office in ___________________ ; 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  ____  2013 at  ___________ .

ATTY. __________________   Affiant

SUBSCRIBED AND SWORN TO BEFORE ME , a notary public in and for   _________(City/Province)____________  this  ____ th day of   ____________  20 ___ . Affiant personally came and appeared with  _____________(Competent Evidence of Identity)______  issued by the  _________(Government Agency) ______  on  ___(date)__  at  ________(place)_________ , 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.

Doc. No. ____  Page No. ____  Book No. ____  Series of 20 __ 

 Atty ___________________________________________  Notary Public Commission Serial No. ____________________________  Notary Public for  _______(Province/City)______________  Until December 31, 20 __  Office: ______________(address)____________________  Roll No. __________  IBP Lifetime Roll No. _________ ; __/__/ __ ; _(Province)_  PTR No. _________ ; __/__/ __ ; _(Province) _  MCLE Compliance Cert. No. __________ ; __/__/__