Professional Documents
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Answer Attachments
Answer Attachments
ERIC C. CONSUNJI
Petitioner,
X ----------------------------------------- X
PRELIMINARY STATEMENT
PURPOSE
This affidavit/testimony of witness Kimmy D. Consunji, the
respondent herein, is being offered to disprove her psychological incapacity
and eventually show that there are no grounds for Eric C. Consunji to file a
Petition for Nullity of Marriage on the Ground of Psychological Incapacity
under Article 36 of the Family Code.
The questions asked by Atty. Yuri Chan and the answers I gave are as
follows, to wit:
1. Q: Please state your name and personal circumstances for the record.
A: I am Kimmy D. Consunji, 47 years old, married, Filipino, residing
at 24 Butterfly St., Farm Subdivision, Quezon City. I am the
respondent in this case.
2. Q: How are you related to Mr. Eric C. Consunji, the petitioner in this
case?
A: He is my husband.
4. Q: How long had you known Eric before you married him?
A: I had known Eric since 1992, or 14 years prior to our marriage.
5. Q: How did you and Eric first meet or know each other?
A: Eric was then the manager of the Kintex Condominium in
Caloocan City, and, at that time, I was residing in that condominium.
One day he just approached me in the condominium and invited me to
go out.
9. Q: What was your job, career, occupation or what had you been
doing prior to your giving of birth to Maxim?
A: I grew up having big dreams. Prior to Maxims birth, I had been in
the show business. I used to be a popular celebrity.
11.Q: What was your job, career, occupation or what had you been doing
at the time that you met Eric?
A: I was an actress dabbling in a few mini series and feature films.
Modesty aside, I think I was pretty popular back in the day. One of
my biggest blockbuster hits was Toto Villareals Masakit Pala
Magmahal. (Giggles)
12. Q: Where was Eric residing at the time that you first met him?
A: At the time that I met him, Eric was also residing in Kintex
Condominium.
13. Q: How did you and Eric become more acquainted with each other?
A: Eric and I quickly became friends since the first time we met.
Since then, we had been going out of town, and we frequently drank
alcohol together. We became closer when Eric ceased to be the
manager of Kintex Condominium. Since he was eventually asked to
vacate his unit, I offered him to stay with Maxim and I in our own
unit, given that he was also a close friend of mine.
14. Q: How long had Eric lived with you in the same condominium unit
before your marriage?
A: Eric and I had cohabited since 1996, prior to our marriage in
2005.
15. Q: What happened when Eric lived with you and Maxim in the same
unit?
A: During the time that Eric and I lived together, my friendship with
him turned into an intimate relationship, as we both started falling in
love for each other. Eventually, I became pregnant with Roxanne, our
eldest child.
17. Q: How did you and Eric feel or react upon your discovery of your
pregnancy with Roxanne?
A: We both did not expect my pregnancy with Roxanne, but we were
of course very happy to be pregnant with a child together.
20. Q: What happened after you and Eric got married in 2005?
A: Our marriage was further blessed with two more children, Joy and
Jaya.
22. Q: Where had you, Eric and your four (4) children been residing at
the time that Joy and Jaya were born?
A: Initially, we were still residing at Kintex Condominium, but
subsequently, we transferred our residence to another condominium in
Makati City. We needed a bigger place to accommodate our growing
family and space for our children to play and grow.
23. Q: How did your marital relationship with Eric go when you
transferred your residence to Makati City?
A: When we transferred to our new residence in Makati City, our
relationship started to turn for the worse. I also began suspecting that
Eric was sleeping around with other women, since he started to
become cold and distant to me. He also started to spend days and even
weeks away from home without telling me his destination and reasons
for doing so.
24. Q: How did you feel about and react upon these changes you had
observed in Eric?
A: These circumstances left me feeling undesired and inadequate. It
was since then that symptoms of my alcoholism also started to
manifest, since drinking helped me cope with my suspicions, sadness
and frustrations from having a cheating husband.
27. Q: How did you deal with his denial and what did you do after that?
A: I felt the need to find concrete evidence to confirm all my
suspicions as to Erics infidelity, aside from overhearing his
conversations in planning one of his affairs with other women.
29. Q: How did you and Eric interact after your confirmation of his
infidelities?
A: Our marriage got worst and the situation at home intensified. We
often engaged into arguments and fights. Eric had also become more
violent, to the extent that I was left bruised and battered.
30. Q: How did you cope with Erics love affairs and violent treatment to
you?
A: I began to become more and more dependent to alcohol due to the
severity of my problems. But since I want to take care of my children
and continue to become good mother to them, I voluntarily admitted
myself into the Droga Foundation to rehabilitate myself.
31. Q: When did you admit yourself into the Droga Foundation?
A: In 2010, I voluntarily admitted myself into the Droga Foundation.
32. Q: What happened with the relationship of Eric with your children
after your confinement?
A: Because we wanted to start anew, we decided to move to a house
in a subdivision in Quezon City. But this did not really do much for
our relationship as Eric just became more distant and cold towards
me. He eventually left our home to live with his mistress, Shirley in
2011. As if that was not bad enough, Eric decided to house her in our
old Makati condominium. Eric continued to give us monthly financial
support after he left, although it was intermittent and not enough. It
began with P100,000 but he later on increased it to P200,000 as the
childrens needs and expenses also increased.
33. Q: What are the expenses that are covered by the monthly allowance
that Eric gives?
A: The monthly allowance that Eric gives is supposed to answer for
expenses on food, utility bills, tuition fees of the four children.
34. Q: What is the average total monthly expenses of the four children?
A: 225,000.00
35. Q: Where do you get the money necessary to pay for the remaining
balance of the expenses?
A: I resort to any means to sustain the necessary expenses of the four
children, such as pawning our jewelries.
36. Q: What did Eric further do after leaving you and the four children?
A: I just learned one day that he also filed a Petition for the
Declaration of Nullity of our marriage based on my alleged
psychological incapacity.
Doc No. 12
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
304, Emerald City Plaza, 19 Rockwell Drive Rockwell Center, Makati City,
Philippines, after being duly sworn depose and say that:
3. I nor any other person then present or assisting him coached the
witness regarding his answers;
Doc No. 13
Page No. 1
Book No. 1
Series of 2017.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1
ERIC C. CONSUNJI
Petitioner,
X ----------------------------------------- X
PRELIMINARY STATEMENT
PURPOSE
This affidavit/testimony of witness Maxim D. Consunji being offered
to prove that Mrs. KIMMY D. CONSUNJI is not psychologically
incapacitated to fulfill her marital and parental obligations.
The questions asked by Atty. Yuri Chan and the answers I gave are as
follows, to wit:
1. Q: Please state your name and other personal circumstances for the
record.
A: I am Maxim D. Consunji, of legal age, single, and residing at 24
Butterfly St., Farm Subdivision, Quezon City.
3. Q: You mentioned that the petitioner is your adoptive father, can you
expound on this?
A: My mother had me before she had a relationship with my adoptive
father. After they got married, my adoptive father formally adopted me as
his child.
6. Q: How was your relationship with your mother after your father left?
A: It strengthened our relationship because I am helping in the
everyday work around the house especially in the chores.
8. Q: How was your way of life different from before and after your
father left.
A: Our way of life is the same. We eat the same food, we still go out
and enjoy lifes simple joys. Basically, nothing has changed.
Maxim D. Consunji
Affiant
Doc No. 2
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
123, Emerald City Plaza, 45 Rockwell Drive Rockwell Center, Makati City,
Philippines, after being duly sworn depose and say that:
3. I nor any other person then present or assisting him coached the
witness regarding his answers;
Doc No. 3
Page No. 1
Book No. 1
Series of 2017.
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 1
ERIC C. CONSUNJI
Petitioner,
Civil Case No.
123-45
-versus- For: Nullity of
Marriage
with Demand for
Support
KIMMY D. CONSUNJI, Pendente Lite
Respondent.
x-------------------------------------------------------------------------------------------
------x
JUDICIAL AFFIDAVIT
of Roxanne Consunji
Offer of Testimony:
The testimony of Roxanne Consunji is being offered to prove that
Kimmy Dora, the respondent, is able and have been fulfilling her
parental and marital obligations.
Testimony Proper:
12. Q: Can you go into details? What does your mother normally do at
home?
A: She makes sure were well-fed and healthy. Every day, she sends us
to school, makes sure we are prepared for school and gives us baon.
15. Q: How about your yaya, Maria, what does she do?
A: She just helps Mama with the work at home. She does the laundry,
cleans the house, and she also cooks.
16. Q: Has your relationship with your mother always been this way?
A: It is only recently that the situation at home is peaceful. When Papa
was still staying with us, Mama and Papa kept fighting, and Mama was
always disturbed.
Roxanne Consunji
Affiant
JURAT
(Signature)
Atty. Jon Snow
Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City
Doc No. 1
Page No. 1
Book No. 1
Series of 2017.
Attestation
I, Kristine Uy, after having been sworn in accordance with law, hereby
depose and state:
Atty. Kristine Uy
Affiant
JURAT
(Signature)
Atty. Jon Snow
Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City
Doc No. 14
Page No. 1
Book No. 1
Series of 2017.
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 1
ERIC C. CONSUNJI
Petitioner,
Civil Case No.
123-45
-versus- For: Nullity of
Marriage
with Demand for
Support
KIMMY D. CONSUNJI, Pendente Lite
Respondent.
x-------------------------------------------------------------------------------------------
------x
JUDICIAL AFFIDAVIT
of Joy Consunji
Offer of Testimony:
Testimony Proper:
12. Q: Can you go into details? What does your mother normally do at
home?
A: She takes us to school. She cooks for us and buys us things we need
for school.
15. Q: How about your yaya, Maria, what does she do?
A: She also cooks and cleans at home and help Mama.
16. Q: Has your relationship with your mother always been this way?
A: No, when Papa was with us, the house always felt chaotic.
22. Q: So your mother has been able to take good care of you?
A: Yes, she takes care of all of us.
23. Q: Was there ever a time your electricity and water supply at home
got cut off?
A: No, I dont remember a time we didnt have electricity or water.
Joy Consunji
Affiant
JURAT
(Signature)
Atty. Jon Snow
Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City
Doc No. 3
Page No. 1
Book No. 1
Series of 2017.
Attestation
I, Kristine Uy, after having been sworn in accordance with law, hereby
depose and state:
Atty. Kristine Uy
Affiant
JURAT
(Signature)
Atty. Jon Snow
Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City
Doc No. 4
Page No. 1
Book No. 1
Series of 2017.
ERIC C. CONSUNJI
Petitioner,
X ----------------------------------------- X
PURPOSE
The questions asked by Atty. Yuri Chan and the answers I gave are as
follows, to wit:
1. Q: Please state your name and other personal circumstances for the
record.
A: I am Sansa D. Star, 35 years old, single, and residing at 24
Butterfly St., Farm Subdivision, Quezon City.
3. Q: What can you say about the relationship between the spouses?
A: Just like with most marriages, the relationship between the
husband and the wife is far from perfect. However, it went downhill when
the husband, Eric, left the family.
4. Q: What do you know about the reason Eric left the family?
A: Kimmy informed me that she found a nude photo of a certain
Shirley and she thinks she is one of his girls.
5. Q: You mentioned one of his girls, what do you mean by this?
A: Kimmy mentioned that Eric is a womanizer and he is seeing a
number of girls aside from Kimmy, the wife.
6. Q: When Eric left the family, who is left to take care of the children?
A: Kimmy is the one who takes care of the children. Kimmy is now a
full time mother and is no longer working to give all of her time for her kids.
She prioritizes her kids now.
Sansa D. Star
Affiant
Doc No. 4
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
123, Emerald City Plaza, 45 Rockwell Drive Rockwell Center, Makati City,
Philippines, after being duly sworn depose and say that:
3. I nor any other person then present or assisting him coached the
witness regarding his answers;
Doc No. 5
Page No. 1
Book No. 1
Series of 2017.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1
ERIC C. CONSUNJI
Petitioner,
X ----------------------------------------- X
PURPOSE
This affidavit/testimony of witness Maria C. Reyes being offered to
prove that Mrs. KIMMY D. CONSUNJI is not psychologically incapacitated
to fulfill her marital and parental obligations, to establish that KIMMY
CONSUNJI has been taking care of their kids since ERIC CONSUNJI left
the family, and to show that ERIC CONSUNJI has been violent towards
KIMMY CONSUNJI.
The questions asked by Atty. Yuri Chan and the answers I gave are as
follows, to wit:
Maria C. Reyes
Affiant
Doc No. 6
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
8F, 8 Rockwell, Rockwell Drive Rockwell Center, Makati City, Philippines,
after being duly sworn depose and say that:
3. I nor any other person then present or assisting him coached the
witness regarding his answers;
Doc No. 7
Page No. 1
Book No. 1
Series of 2017.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1
ERIC C. CONSUNJI
Petitioner,
-Versus
Civil Case No. 123-45
FOR: Declaration of Nullity with
KIMMY I. DORA, Demand for Support Pendente Lite
Respondent.
x-------------------------------------------------------------------------------x
I, Jane D. Healer, 25 years old, single, and living at 1234 Scout Rallos
St., Quezon City, Philippines, witness for the Respondent in this case, states
under oath that:
PRELIMINARY STATEMENT
The questions asked by Atty. Yuri Chan and the answers I gave are as
follows, to wit:
1. Q: Please state your name and other personal circumstances for the
record.
A: I am Jane D. Healer, 35 years old, single, and with residence at
1234 Scout Rallos St., Quezon City, Philippines. I am currently the
attending nurse in the Emergency Room unit of Medical City located
at Ortigas Avenue, Pasig City, Metro Manila, Philippines
6. Q: Were you able to get the name of the woman who identified as her
wife?
A:Yes. Her name is Kimmy D. Consunji.
8. Q: How were you able to know her relationship with the patient?
A: She wrote in the Registration Form of her relationship with the
patient and the concerned look at the uneasiness on the part of the
wife manifested to me that there is a romantic relationship between
the woman and the patient.
9. Q: Are the three instances your only interaction with the parties?
A: No. There was also an instance where the wife, Kimmy D.
Consunji went to the Emergency Room for the treatment of numerous
bruises.
JANE D. HEALER
Affiant
Doc No. 8
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
123, Emerald City Plaza, 45 Rockwell Drive Rockwell Center, Makati City,
Philippines, after being duly sworn depose and say that:
3. I nor any other person then present or assisting him coached the
witness regarding his answers;
Doc No. 9
Page No. 1
Book No. 1
Series of 2017.
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City Branch 1
ERIC C. CONSUNJI
Petitioner,
-Versus
Civil Case No. 123-45
FOR: Declaration of Nullity with
KIMMY I. DORA, Demand for Support Pendente Lite
Respondent.
x-------------------------------------------------------------------------------x
I, Bea T. Ritz, 23 years old, single, and living at 2346 Annapolis St.,
Greenhills, San Juan City, Philippines, witness for the Respondent in this
case, states under oath that:
PRELIMINARY STATEMENT
1. Q: Please state your name and other personal circumstances for the
record.
A: Bea T. Ritz, 23 years old, single, and living at 2346 Annapolis St.,
Greenhills, San Juan City, Philippines. I am currently the attending
nurse in the Emergency Room unit of Cardinal Santos Hospital
located at Wilson St., Greenhills, San Juan City, Metro Manila,
Philippines
6. Q: Were you able to get the name of the woman who identified as her
wife?
A: Yes. Her name is Kimmy D. Consunji.
8. Q: How were you able to know her relationship with the patient?
A: She wrote in the Registration Form of her relationship with the
patient. Further, the actions of the lady companion and the uneasiness on the
part of the wife manifested to me that there is a romantic relationship
between the woman and the patient.
Bea T. Ritz
Affiant
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
123, Emerald City Plaza, 45 Rockwell Drive Rockwell Center, Makati City,
Philippines, after being duly sworn depose and say that:
3. I nor any other person then present or assisting him coached the
witness regarding his answers;
Doc No. 11
Page No. 1
Book No. 1
Series of 2017.