2 Answer For Kimmy Consunji

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
KIMMY D. CONSUNJI Nullity with Demand for
Respondent. Support Pendente Lite
X ----------------------------------------- X
ANSWER
Respondent, through undersigned counsel, most respectfully files her

answer in response to the complaint filed by the Petitioner:
ADMISSIONS
1. Respondent admits the allegations in paragraphs 1, 2, 3, 4, and 5 as to the

facts they seek to establish.
2. Respondent admits in part the averments in paragraphs 6 and 8 as to the

following:
a. That the Petitioner and Respondent first met in Caloocan
sometimes in October;
b. That their sexual relationship resulted in the unexpected pregnancy
of Respondent;
c. That they celebrated their marriage in 2005.
3. Respondent admits in part the averments in paragraph 10 stating that she

was confined to the Droga Foundation.
4. Respondent admits only in part the averment in paragraph 11 and 14
stating that Kimmy resorted to pawning some jewelry belonging to the
community property.
5. Respondent admits to having received allowance in the amount of

P100,000.00 from petitioner, as financial support for her and their
children as stated in paragraph 13.
6. Respondent admits in part the averments in paragraph 14 insofar as it

states that financial support was later on raised to P200,000.00 and that
despite this, the electricity and water supply was cut due to failure to pay
the utility bills.
DENIALS
The respondent specifically denies the following paragraphs, subject to the

allegations in the special and affirmative defenses.
1. Respondent denies paragraph 7 insofar as it states

a. That during their cohabitation, she became more and more
reclusive towards her husband and daughter;
b. That she would become wild and uncontrollable whenever she
could not bear her own anxieties.
2. Paragraph 8 is denied insofar as it states that the spouses Consunji

cohabited for only four years before the celebration of their marriage in
2005. The spouses have cohabited beginning 1996, when Eric vacated his
unit in Kintex Condominium.
3. Respondent denies the allegations in paragraph 9 and 10 stating that she

had worked as a promo girl in bars and disco houses; engaged in escort
services; was addicted to alcohol and drugs to the point of losing
consciousness; and had serious anxiety and personality problems which
led her to become violent.
4. Respondent denies paragraph 11 insofar as it states that shortly after
rehabilitation, Kimmy returned to her vices and resorted to pawning
community property to support her addiction.
5. Respondent denies the allegations in paragraph 12 stating that in 2011,

Kimmy made an attempt on Eric’s life while he was fast asleep. She also
denies that criminal charges were filed against her for attempted
Parricide, although was later on dismissed.
6. Respondent denies the following allegations in paragraph 14:

a. That she mortgaged their BMW car for a meager loan;
b. That she forged petitioner’s signature in the deed of sale in an
attempt to sell their Valenzuela property for an amount way less
than its market value;
c. That her creditors would run after petitioner, as the legal husband,
for the unpaid balance of her debts;
d. That she had run over someone while driving along EDSA in 2012,
while under the influence of alcohol;
e. That petitioner had to pay for the settlement money due to the
families of the victims she had allegedly run over while driving
under the influence.
f. That the old house helper Mrs. Maria is the one primarily
providing the children with parental love and affection.
7. Respondent specifically denies under oath the genuineness and due

execution of Dr. Cenzon’s psychiatric report concluding that respondent
is suffering from antisocial personality disorder, rendering her incapable
of complying with the essential marital obligations. (ANNEX A)
8. Respondent specifically denies under oath the genuineness and due

execution of the case study report by licensed social worker Carolina
Alejo recommending the declaration of nullity of the marriage. The
alleged report states in substance that the relationship had been marred
with complicated issues which render reconciliation no longer feasible.
(ANNEX B)
9. Respondent denies the allegations in paragraph 17 stating that grounds
exist for the declaration of nullity of the Consunji spouses’ marriage,
following the guidelines laid down in the case of Republic v. Molina.
SPECIAL AND AFFIRMATIVE DEFENSES
The following are facts and events that show that the respondent is not suffering
from psychological incapacity; and that the marital problems alleged can be
solved by means other than by this proceeding:
10. It was in 1992 when Kimmy (respondent) met Eric (petitioner), who was
then the manager of the Kintex Condominium in Caloocan. Being a new
tenant and a single parent caring for her son, Maxim, she was one day
approached by Eric. Eric showed interest in Kimmy, exhibiting a caring
and friendly demeanor which she had not felt in a long time. The two
quickly became friends and would often go on trips out of town with each
other. While the two frequently drank together, their alcohol consumption
was nothing to be alarmed about, as it was only an avenue for them to
bond and get more acquainted with one another.
11. When Eric ceased to be the manager of Kintex Condominium in 1996, he

was asked to vacate his unit. As they had already become good friends,
Kimmy offered Eric to stay with her and Maxim in the meantime, while
he looks for a new place to stay. The Condominium Certificate of Title to
the Kintex unit in Caloocan under the name of Kimmy Dora is attached
as ANNEX C.
12. During their time living together, what started out as a friendship turned
into an intimate relationship as the two started falling for each other.
Kimmy later became pregnant with Roxanne, whose conception was
welcomed, although unplanned. In 2000, Kimmy gave birth to Roxanne,
as evidenced by her birth certificate attached as ANNEX D.
13. They had been cohabiting as husband and wife since the birth of their
first child Roxanne. The couple also believed that it would be best for
Roxanne if she was legitimated through their marriage. In 2005, Eric and
Kimmy got married in civil rites, followed by a Catholic ceremony in
2006, as evidenced by the marriage certificate attached as ANNEX E.
14. For the same reason, Eric later legally adopted Maxim, Kimmy’s first
child from a previous relationship. The couple was blessed with two more
children, Joy and Jaya. For a time it seemed as though they were a perfect
family despite the unconventional series of events leading up to that
moment. The certificate of adoption of Maxim and birth certificates of
Joy and Jaya are attached as ANNEX F, G, and H respectively.
15. To accommodate their growing family of six, they moved to a bigger

condominium unit in Makati City in 2010. It was here where their
relationship started to have problems due to Eric’s infidelity. The
Condominium Certificate of Title to their Condominium in Unit #810
Rockwell, Makati is under the name of Eric Consunji, as seen in ANNEX
I.
16. The following turn of events aroused Kimmy’s suspicion. After coming
home from work, Eric would act cold and distant, and would constantly
turn Kimmy down when she would get close to him. This left Kimmy
feeling undesired and inadequate, causing her severe emotional and
mental anguish due to Eric’s upsetting behavior.
17. To cope with the mental anguish of being married to a womanizing

husband Kimmy resorted to drinking alcohol to forget her problems and
fight the loneliness she was feeling.
18. Their relationship became colder and even more distant when Eric began
spending days, and even weeks away from home. One day while Kimmy
was cleaning the house, she came across a nude photo of a woman
inserted in one of the books in the home library. The nude photo
discovered by Kimmy is attached as ANNEX J.
19. This confirmed her suspicions that Eric was cheating on her with another
woman. However, instead of leaving him, she felt more and more the
need to gain his acceptance. The first time she confronted Eric, he simply
denied her accusations. The subsequent confrontations only resulted in
aggression and violence. Being a woman, Kimmy was unable to fend off
Eric’s rage, leaving her bruised and battered. Kimmy once brought
herself to the hospital to treat the wounds and bruises she obtained
because of Eric’s violence. The Hospital Receipt and Medical Report
signed by the attending physician are attached as ANNEX K and
ANNEX L, respectively.
20. The severity of the couple’s problems led Kimmy to become more and
more dependent on alcohol. But recognizing the importance of her role as
a wife and mother, she voluntarily admitted herself into Droga
Foundation in a sincere attempt to get clean. Her progress reports during
her stay in the rehabilitation facility and positive evaluation by the
Director of the Droga Foundation are attached as ANNEX M.
21. After Kimmy was released from Droga Foundation, the couple decided to
move to Quezon City to start their relationship anew. The Transfer
Certificate of Title to their present family home at 24 Butterfly St., Farm
Subdivision, Quezon City is attached as ANNEX N.
22. However, this proved as Eric’s infidelity worsened while Kimmy was
away. Eric’s alcohol abuse has actually worsened, as evidenced by
numerous instances Kimmy brought him to the hospital for alcohol
poisoning. The hospital receipts and medical reports are attached as
ANNEX O and ANNEX P, respectively.
23. In 2011, Eric left Kimmy and their children to live with his mistress. Eric
brought Shirley, his mistress, to live him in their old family condominium
in Makati City.
24. Although Eric gave her a monthly allowance to support their four
children, the same was insufficient to support four growing children.
Grocery receipts, Tuition Fee Receipts, Utility Bills, and Hospital
Receipts for Jaya’s weekly psychiatric therapy for her autism are all
attached as ANNEX Q to prove the insufficiency of Eric’s support.
Moreover, attached in ANNEX R is Kimmy’s bank book to show
intermittent and inconsistent deposit of Php200,000 support from Eric.
25. Kimmy often found herself having to resort to any means necessary to
put food on the table and to bring up a family on her own. At one point,
she had to pawn some jewelry belonging to the community property to
make ends meet. The Pawnshop receipt is attached as ANNEX S.
26. Just when Kimmy was getting used to being separated from Eric, she
learned one day that the latter had filed a Petition for the Declaration of
Nullity of their marriage, alleging that she was psychologically
incapacitated. She received an invitation from Dr. Cenzon for a
psychiatric evaluation, but refused to go when she realized that the
psychiatrist who would conduct the evaluation was the very same
“Shirley” with whom Eric was having an affair. Expecting that the
evaluation would put her in a bad light, she immediately sought the
services of counsel to enable her to refute Eric’s allegations.
27. Kimmy is not psychologically incapacitated. Firstly, alcoholism and

substance abuse is not in itself proof of inability to perform the essential
obligations of marriage. To avail of these circumstances, petitioner has
the burden of proving that the addiction is the external manifestation of
the respondent’s psychological incapacity. This he clearly failed to do.
28. Psychological incapacity must be existing at the time of the

celebration of the marriage, or when the parties give their “I dos.”
Contrarily, the parties herein exhibited a healthy relationship up until a
few years into their marriage. Even assuming that Kimmy’s alcoholism
and substance abuse are manifestations of her psychological incapacity,
this behavior only revealed itself after their marriage.
29. While the Court has consistently held that the findings of experts are to
be given great weight in the determination of whether or not the party/ies
are suffering from psychological incapacity, this cannot be made to apply
to this case because of the conflict of interest attendant in the person of
Dr. Shirley Cenzon.
30. Eric’s attempt to have their marriage nullified is a result of his

wanting to marry his mistress, Shirley Cenzon. However, it is of great
significance that Eric and Kimmy had known each other for thirteen years
before they were married (1992-2005) -- majority thereof spent in
habitual cohabitation with the other (1996-2005). This fact points to only
one conclusion -- that the choice of Eric to marry Kimmy in 2005 was
brought about by (a) their mutual love for each other; and (b) his belief
that she was fit to be his wife and a mother to their children.
31. It is submitted that Eric had full and free consent in deciding to marry
Kimmy. Pursuant to the Family Code, the grounds to have their marriage
annulled are not present; and thus Eric desperately seeks recourse in
Article 36 thereof, clinging to his theory that Kimmy is suffering from
psychological incapacity.
32. However, Article 36 is likewise unavailing because it is absurd to

contemplate a situation where a person opts to remain impervious to the
unfitness of his or her partner to discharge the essential duties of
marriage, only to marry them afterwards, and then to take cognizance of
such incapacity only when they have been pronounced husband and wife.
33. Undoubtedly, Kimmy was never ill-equipped to discharge her essential

marital obligations. Eric cannot now seek redress by fabricating facts
tending to show that she is suffering from the circumstances referred to in
Article 36. Considering the appreciable length of time the parties had
been cohabiting before their marriage, the alleged psychological
incapacity of Kimmy would have made itself apparent to him before they
were wed; and in all likelihood this would have urged him not to marry
her. In conclusion, his decision to marry her after many years of living
together militates against the idea that Kimmy is suffering from
PRAYER
WHEREFORE, Respondent respectfully prays that this Honorable court (a)

dismiss the petition for utter lack of merit; (b) require the petitioner to continue
furnishing consistent monthly allowance as support pendente lite; and (c) other
just and equitable reliefs the situation may demand.
REPUBLIC OF THE PHILIPPINES)
Makati City )S.S.
VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
I, Kimmy D. Consunji, Filipino, of legal age, with address at 24 Butterfly St.,

Farm Subdivision, Quezon City, after being sworn in accordance with law,
hereby depose and state:
1. I am the respondent in the above-stated case;
2. I caused the preparation of the foregoing Answer;
3. I have read and understand the contents of the Answer, and attest that the
allegations therein are true and correct based on my personal knowledge
or on authentic records.
4. I have not commenced any other action or filed any other claim involving
the same issues in any court, tribunal or quasi-judicial agency, and, to the
best of my knowledge, no such other action or claim is pending. If I
should thereafter learn that another similar action or claim has been filed
or is pending, I shall report that fact to the Honorable Court within five
(5) days from notice thereof.
IN WITNESS WHEREOF, I have affixed my signature on this 28th of August

2017 in Makati City.
Kimmy D. Consunji
JURAT
Subscribed and sworn to before me, a Notary Public in and for Makati City,
affiant exhibiting to me his Community Tax Certificate No. CC11405 issued
in Makati City on March 24, 2017 and his Philippine Passport No. EB
7891234 issued at DFA Manila and expiring on March 27, 2020, who was
identified by me through competent evidence of identity to be the same person
who presented the foregoing instrument and signed the instrument in my
presence, who took an oath before me as to such instrument.
Witness my hand and seal this 28th day of August 2017.
Nootar No
Notary Public for Makati City
Appointment No. 12345 until December 31, 2018
353 San Roque St., sa ilalim ng tulay, Makati City
Roll No.1223; January 30, 2017; IBP Makati Chapter
PTR No.12345; January 28, 2017; Makati City
Doc. No. 1234;

Page No. 48;
Book No. 76;
Series of 2017.
PROOF OF SERVICE
I, Speedy Gonzales, messenger of [AAA], herein counsel for Kimmy D.

Consunji, hereby certify that I personally delivered ** to Plaintiff’s Formal **
dated 4 February 2010 to Atty. **, counsel for the Plaintiff, with address at ***.
The Answer to Plaintiff’s Complaint was received by counsel personally.
JURAT
SUBSCRIBED AND SWORN to before me this 31st day of August 2017 at

Makati City, Metro Manila, personally appeared affiant KIMMY CONSUNJI
and exhibiting to me his Driver’s License with License No. N-12345, issued at
the Quezon City on 14 February 2016.
Nootar No
Appointment No. 12345 until December 31, 2018
353 San Roque St., sa ilalim ng tulay, Makati City
Roll No.1223; January 30, 2017; IBP Makati Chapter
PTR No.12345; January 28, 2017; Makati City
Doc. No. 1234;

Page No. 48;
Book No. 76;
Series of 2017.



ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of

X ------------------------------------------------------------------------------ X

JUDICIAL AFFIDAVIT OF KIMMY D.CONSUNJI

I, KIMMY D. CONSUNJI, 47 years old, married, Filipino, residing at 24
Butterfly St., Farm Subdivision, Quezon City, the respondent in this case,
states under oath that:

PRELIMINARY STATEMENT

The person examining me is Atty. Yuri Chan with address at 123-A,
Magis St., Crystal Condominium, Quezon City. The examination is being
held at the office of Chan, Dimaandal and Associates Law Office at Unit
123, Emerald City Plaza, 45 Rockwell Drive Rockwell Center, Makati City,
Philippines. I am answering his questions voluntarily, to the best of my
knowledge and fully conscious that I do so under oath and may face criminal
liability for false testimony and perjury.

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.

3. Q: When did you and Eric got married?
A: We got married in January 20, 2005 in civil rites, followed by a
church wedding in 2006.

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.

6. Q: Who was residing with you in the Kintex Condominium at that
time?
A: I was with Maxim.

7. Q: Who is Maxim?
A: Maxim is my son from another man prior to my marriage with
Eric.

8. Q: When was Maxim born?
A: Maxim was born on March 3, 1990.

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 Maxim’s birth, I had been in
the show business. I used to be a popular celebrity.

10. Q: Why did you leave your show business career?
A: I had to take an indefinite leave from show business to take care of
my son.

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 Villareal’s 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.

16.Q: When was Roxanne born?
A: Roxanne was born in April 19, 2000.

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.

18.Q: What made you and Eric decide to get married?
A: We just thought that it was the logical next step in our relationship.
We were in love and were practically family to each other. It was
something that we had been thinking about but just never came around
to. When Roxanne was not accepted in the Catholic school we wanted

to enroll her in because our unmarried status, that was when Eric and I
decided that it was time. We also thought that it would be best for
Roxanne to become legitimized through our marriage.

19.Q: How was the relationship of Eric and Maxim?
A: Eric and Maxim got along together, and eventually Eric decided to
legally adopt Maxim for his legitimization as well. Eric treated Maxim
no different from how he would treat his own daughter Roxanne. On
Maxim’s part, he knew of no other person to call dad than Eric.

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.

21.Q: When was Joy and Jaya born?
A: Joy was born on August 20, 2007, whereas Jaya was born on
March 20, 2009.

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.

25.Q: What happened to your suspicions as to Eric’s cheating?

A: As my suspicion grew stronger, I began prying into Eric’s life and
decided to confront him regarding the matter. I even overheard him
planning his trysts.

26.Q: What happened when you confronted Eric on these matters?
A: Eric merely denied all my accusations and suspicions as to his
cheating. This was also the reason why I resorted to drinking to calm
myself down and ease my anxieties.

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 Eric’s infidelity, aside from overhearing his
conversations in planning one of his affairs with other women.

28.Q: What were your further findings on Eric’s alleged infidelity?
A: There was a time when I was cleaning the house, I came across a
nude photo of a woman inserted in one of the books in the home
library. This confirmed my suspicion that Eric was cheating on me.

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 Eric’s 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
children’s 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

37.Q: How did Eric try to prove your psychological incapacity?
A: I was invited by Dr. Shirley Cenzon to undergo a psychiatric
evaluation.

38.Q: How did the psychological evaluation go?
A: I refused to accept Dr. Cenzons’s invitation, when I realized that
the psychiatrist who would conduct the evaluation was the very same
“Shirley” with whom Eric was having an affair.

39.Q: Why did you refuse to undergo the psychological evaluation
conducted by Dr. Cenzon?
A: I expect that she would put me in a bad light and make it appear
that I am psychologically incapacitated to further her and Eric’s plan
to nullify my marriage with Eric, thereby making Eric eligible again
to marry Dr. Cenzon.

40.Q: What did you do thereafter upon learning that Dr.?
A: Kimmy immediately sought the services of counsel to enable her to
refute Eric’s allegations.

Atty. Chan: No further questions for the witness.

This affidavit is being executed to attest to the truthfulness and
veracity of the foregoing facts which are based on my personal
knowledge and belief.

IN WITNESS WHEREOF, Ihave hereunto affixed my signature
this 30th day of August, 2017 at Makati City.

KIMMY D. CONSUNJI
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in Makati City, on August 30, 2017. Affiant personally came
and appeared with Driver’s License No. N04-88-123456 issued by the
Land Transportation Office on August 31, 2016, bearing his
photograph and signature and Community Tax Certificate No. 456789
issued by Quezon City on March 3, 2016, and having proved his
identity by competent proof of identity 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. Jon Snow
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. 12
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION

I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
Philippines, after being duly sworn depose and say that:

1. I personally conducted the examination of Kimmy D. Consunji for

Civil Case No. 123-45 entitled Eric D. Consunji v. Kimmy Consunji for
Declaration of Nullity with Demand for Support Pendente Lite

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

3. I nor any other person then present or assisting him coached the
witness regarding his answers;;

IN WITNESS WHEREOF, I have hereunto set my hand on this 13th
day of June 2016 at Makati City.

ATTY. YURI CHAN
Counsel for Plaintiff

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in
Makati City, on June 13, 2016. Affiant personally came and appeared with
Driver’s License No. N12-05-12984 issued by the Land Transportation
Office on December 11, 2016, bearing her photograph and signature and
Community Tax Certificate No. 0045215 issued by the Barangay Poblacion,
Makati City on May 17, 2016, 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. Jon Snow

Doc No. 13
Page No. 1
Book No. 1
Series of 2017.



ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of

X ------------------------------------------------------------------------------ X

JUDICIAL AFFIDAVIT OF MAXIM D. CONSUNJI

I, MAXIM D. CONSUNJI, of legal age, single, and living at 24
Butterfly St., Farm Subdivision, Quezon City, Philippines, witness for the
respondent in this case, states under oath that:


Magis St., United Village, Makati City. The examination is being held at the
office of Chan, Dimaandal and Associates Law Office at Unit 123, Emerald
City Plaza, 45 Rockwell Drive Rockwell Center, Makati City, Philippines. I
am answering his questions voluntarily, to the best of my knowledge and
fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

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.

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.

2. Q: What is your relationship with the parties in this case?
A: The petitioner is my adoptive father and the respondent is my
mother.

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.

4. Q: Can you describe your relationship with your adoptive father?
A: My relationship with my father was very good at first. I was so
happy to be recognized as his own child and I am very grateful for
him in this regard. However, as the time pass-by and as I was growing
up, I am seeing that my adoptive father is unfaithful to my mother.
Since I am still my mother’s child, I have grown a bit distant from my
adoptive father. Also, there was a time when my father physically
abused my mom and my mom went to get professional medical help
in Medical City. I was somehow relieved when my father left so that
my mother will no longer be physically abused by anyone

5. Q: Can you describe your relationship with your mother?
A: My relationship with my mother has never been bad. Ever since I
was a child, my mother has always been beside me. She went to all of
my activities in school and in the parent-teacher’s consultation. In
addition, my mother gave me life advices which helped mold my
current self. My mother has never left me and has supported me even
until my current studies.

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.

7. Q: After your father left you, how was your mother?
A: My mother is sometimes sad but she tries her best to hide her
feelings from us. However, I can feel her sadness sometimes due to
her actions. My mother is a strong woman and I do not think that the
leaving of my adoptive father will break her spirit.

8. Q: How was your way of life different from before and after your
father left.
A: We could see our mother’s struggles in raising four kids on her
own. Even with yaya Maria around to help out in the household
chores, I could still see my mom struggle to make ends meet. We try
to pick do our share of the chores, but of course it’s not the same
without dad.

9. Q: What is the employment of your mother?
A: My mother is unemployed and devotes all of her time to us, her
children. She used to an actress in her twenties but dad convinced her
that it would be best for us kids if she became a full-time mom.

10. Q: if your mother is unemployed, how do you think your mother is
able to afford your way of life?
A: My mother said that my adoptive father still sends money to her.

11. Q: Would you know how much it is?
A: Unfortunately, my mother did not inform us of how much. But I
do not think it is enough.

12. Q: Why would you say it is not enough?
A: I saw my mother counting the bills and sometimes looks sad
which I think means that the amount given is not enough. She


veracity of the foregoing facts which are based on my personal knowledge
and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature this
30th day of August, 2017 at Makati City.

Maxim D. Consunji
Affiant

Makati City, on August 30, 2017. Affiant personally came and appeared
with Driver’s License No. N04-11-970956 issued by the Land
Transportation Office on March 11, 2016, bearing his photograph and
signature and Community Tax Certificate No. 410042 issued by Quezon
City on July 6, 2017, and having proved his identity by competent proof of

identity 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. Jon Snow

Doc No. 2
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION


1. I personally conducted the examination of Jane D. Healer for Civil
Case No. 123-45 entitled Eric Consunji versus Kimmy D. Consunji for
nullity of marriage with support pendente lite at the aforementioned office
address;;



day of August 2017 at Makati City.

ATTY. YURI CHAN
Counsel for Respondent


Transportation Office on December 11, 2014, bearing her photograph and

signature and Community Tax Certificate No. 0045215 issued by the
Barangay Poblacion, Makati City on May 10, 2017, 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. Jon Snow

Doc No. 3
Page No. 1
Book No. 1
Series of 2017.


ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of

X ------------------------------------------------------------------------------ X

JUDICIAL AFFIDAVIT OF SANSA D. STAR

I, SANSA D. STAR, 35 years old, single, and living at 23 Butterfly
St., Farm Subdivision, Quezon City., witness for the respondent in this case,
states under oath that:



PURPOSE

This affidavit/testimony of witness Sansa D. Star being offered to
prove that Mrs. KIMMY D. CONSUNJI is not psychologically incapacitated
to fulfill her marital and parental obligations.

follows, to wit:
record.

A: I am Sansa D. Star, 35 years old, single, and residing at 24

Butterfly St., Farm Subdivision, Quezon City.

2. Q: What is your relationship with the parties in this case?
A: They are my neighbors

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.

7. Q: Would you know if there is still contact or communication between
the spouses?
A: Kimmy once told me to look after the children. She reasoned that
she needs to bring Eric to the hospital because she saw him
unconscious in the hospital. She even stayed in the hospital to monitor
his recovery.

8. Q: When Kimmy was in the hospital, who is looking after the
children?
A: As mentioned earlier, in the evening, I was asked to look after the
children. The children know me due to the proximity of our houses.
Kimmy and I have become close as she sometimes confides her
problems with me. In the morning, Kimmy’s mother comes to pick up
the children and lives with her until Eric is discharged from the
hospital.

9. Q: After Eric’s discharge, what happens next?

A: Kimmy will go home and Eric is not with her. I think he goes back
to his own place after the discharge.


and belief.


SANSA D. STAR
Affiant

Transportation Office on September 09, 2016, bearing his photograph and
City on August 21, 2017, and having proved his identity by competent proof
of identity 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. Jon Snow

Doc No. 4
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION


1. I personally conducted the examination of Sansa D. Star for Civil

address;;




ATTY. YURI CHAN

instrument.

Atty. Jon Snow

Doc No. 5
Page No. 1
Book No. 1
Series of 2017.



ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of

X ------------------------------------------------------------------------------ X

JUDICIAL AFFIDAVIT OF MARIA C. REYES

I, MARIA C. REYES, 45 years old, married and residing at 1233
Scout Rallos St., Quezon City, Philippines, witness for the respondent in this
case, states under oath that:



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.

follows, to wit:

1. Q: Sino po sila and ano yung edad nila?
A: Ako si Maria C. Reyes. Ako po ay 40 taon gulang.

2. Ano po ang relasyon niyo sa mag-asawa?
A: Ako yung katulong ng mag-asawa. Ako yung nag-aalaga sa mga
bata pag wala yung mag-asawa.

3. Q: Ilang taon na po kayo nasa bahay ni Eric at ni Kimmy at Kimmy?
A: Pagsilang pa lang kay Roxanne, nandyan na po ako. Hanggang
ngayon, kahit wala na po si Sir Eric, ako pa rin ang yaya ng mga
bata.

4. Q: Kamusta po si Eric at si Kimmy bilang mag-asawa?
A: Sa totoo lang po, hindi masyadong OK ang nakikita ko sa kanila.
Lagi po silang nag-aaway at nagsisigawan. Lumala po ang relasyon
ng mag-asawa nung umalis si Sir Eric ng bahay. Si Ma’am Kimmy na
po yung naging tatay at nanay ng mga bata nung umalis si Sir Eric.
Sa totoo lang po sir, sa kay Ma’am Kimmy at sa mga bata po ako
naaawa. Kaya din po ako di makaalis.

5. Q: Kamusta po ang reaksyon ng mga bata nung umalis si Eric sa
bahay?
A: Lagi po silang umiiyak at naaawa sa nanay nila. Sir Sir Eric po…
Minsan, nakakatakot siya. Buti nalang at andyan palagi si Ma’am
Kimmy para sa mga anak kahit umalis si Sir Eric sa bahay. Sobrang
hanga ako sa kanya [Kimmy].

6. Q: Ano po yung ginagawa ni Eric kay Kimmy nung nakatira pa siya
sa bahay?
A: Sinasampal po ni Sir Eric si Ma’am Kimmy, tinatawag niyang
“loshang,” “pangit,” “dating GRO.” Mga ganyan po. Di ko talaga
alam kung paano natitiis ni Ma’am Kimmy lahat ng pang-aabuso ni
Sir Eric sa kanya.

7. Q: Ano po ginagawa ni Kimmy pagkatapos mangyari ang mga
insidenteng ganiyan?
A: Umiiyak. Umiinom. Ganyan.

8. Q: Meron pa rin bang komunikasyon yung mag-asawa?

A: Meron parin po. Naalala ko umalis bigla si Ma’am Kimmy ng

bahay para dalhin si Sir Eric sa ospital. Di siya umuwi ng bahay nun
kasi busy sa pag intinde kay Sir Eric. Habang wala siya sa bahay,
kami ni Ma’am Sansa yung nagbantay muna sa mga bata.

9. Q: Bumalik ba si Eric sa bahay pagkatapos niya ma-discharge sa
ospital?
A: Hindi po sila magkasama bumalik. Si Ma’am Kimmy lang po
bumalik sa bahay pagkatapos ng insidenteng yun.


veracity of the foregoing facts which are based on my personal
knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my
signature this 30th day of August, 2017 at Makati City.

Maria C. Reyes
Affiant

Transportation Office on October 19, 2016, bearing his photograph and
City on August 19, 2017, and having proved his identity by competent proof
of identity 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. Jon Snow

Doc No. 6
Page No. 1
Book No. 1

Series of 2017.

ATTESTATION

8F, 8 Rockwell, Rockwell Drive Rockwell Center, Makati City, Philippines,
after being duly sworn depose and say that:

1. I personally conducted the examination of Maria C. Reyes for Civil
address;;




ATTY. YURI CHAN

Transportation Office on October 19, 2016, bearing her photograph and
City on Aug 19, 2017, 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. Jon Snow


Doc No. 7
Page No. 1
Book No. 1
Series of 2017.



ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of

X ------------------------------------------------------------------------------ X

JUDICIAL AFFIDAVIT OF JANE D. HEALER

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:



PURPOSE

This affidavit/testimony of witness Jane D. Healer is being offered to
prove that Mr. ERIC C. CONSUNJI was brought to the hospital in multiple
occasions by the wife, Mrs. KIMMY D. CONSUNJI.

follows, to wit:

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

2. Q: How do you know the plaintiff in this case?
A:I first met him when he was brought to the Emergency Room in
three separate occasions.

3. Q: Can you describe the first occasion?
A: The first time was in 21 January 2017. He was brought to the
hospital through an ambulance and accompanied by a woman who
identified herself as the wife of the patient. The patient was rushed to
the hospital due to alcohol abuse, bordering alcohol poisoning.

4. Q: Can you describe the second occasion?
A: The second time was on 05 March 2017. He was brought to the
hospital by the same woman who again, identified herself as the wife
of the patient. This time, the patient was confined in the intensive care
unit of the hospital for alcohol abuse.

5. Q: Can you describe the third occasion?
A: The third time was in 18 June 2017. He was brought to the hospital
by the same woman who again, identified herself as the wife of the
patient. The patient was again, confined in the intensive care unit of
the hospital for alcohol abuse.

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.

7. Q: How were you able to know her name?
A: That is what she wrote in the Registration Form.

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.

10. Q: When did this happen?
A: This happened sometime before hospitalization of Eric Consunji
in the Intensive Care Unit. I distinctly remembered her because she is
my first patient which might be linked to spousal abuse.

11.Q: Can you describe the injury?
A: There were numerous soft tissue contusions secondary to blunt
force trauma on the arms.Asda

12.Q: Would you know the cause of the bruising?
A: As medical professionals, we do not decide on the cause of the
bruising.

13.Q: In your professional experience, how would you categorize the
bruising?
A: Based on experience, it is consistent with the bruising caused by
marital abuse.

14. Q: Why did you not report it?
A: The patient insisted that the injury was due to her tripping and
falling on the stairs. I just gave her an advice to ask for help the next
time she fell down the stairs.


and belief.


JANE D. HEALER
Affiant

Transportation Office on August 10, 2016, bearing his photograph and


City on April 6, 2017, and having proved his identity by competent proof of

Atty. Jon Snow

Doc No. 8
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION


address;;




ATTY. YURI CHAN


instrument.

Atty. Jon Snow

Doc No. 9
Page No. 1
Book No. 1
Series of 2017.



ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of

X ------------------------------------------------------------------------------ X

JUDICIAL AFFIDAVIT OF BEA T. RITZ

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:



PURPOSE

This affidavit/testimony of witness Bea T. Ritz is being offered to
prove that Mr. ERIC C. CONSUNJI was brought to the hospital by the wife,
Mrs. KIMMY D. CONSUNJI.

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

2. Q: How do you know the plaintiff in this case?
A: I first met him when he was brought to the Emergency Room last
November 9, 2016.

3. Q: Can you describe the occasion?
A: He was brought to the hospital through an ambulance and
accompanied by a woman who identified herself as the wife of the
patient. The patient was rushed to the hospital due to anxiety attack
and alcohol abuse, bordering alcohol poisoning.

4. Q: Were you able to get the name of the woman who identified as her
wife?
A: Yes. Her name is Kimmy D. Consunji.

5. Q: How were you able to know her name?
A: That is what she wrote in the Registration Form.

6. 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.


and belief.


Bea T. Ritz
Affiant

Transportation Office on November 11, 2016, bearing his photograph and

signature and Community Tax Certificate No. 416742 issued by San Juan
City on June 6, 2017, and having proved his identity by competent proof of

Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.

ATTESTATION


address;;




ATTY. YURI CHAN


instrument.

Atty. Jon Snow

Doc No. 11
Page No. 1
Book No. 1
Series of 2017.

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 D. CONSUNJI
I, ROXANNE D. CONSUNJI, Filipino, 17 years of age, single, and residing at 24 Butterfly St., Farm
Subdivision, Quezon City, after having been sworn in accordance with law, hereby respond to the following
questions being propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law Office at Unit 8F 8
Rockwell Dr. Makati City, with full consciousness that my answers are being given under oath and that I may
otherwise face criminal liability for false testimony or perjury.
The person examining me is Atty. Yuri Chan with address at 123-A, Magis St., United Village, Makati City.
The examination is being held at the office of Chan, Dimaandal and Associates Law Office at Unit 123, Emerald
City Plaza, 45 Rockwell Drive Rockwell Center, Makati City, Philippines. I am answering his questions
voluntarily, to the best of my knowledge and fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury.
PURPOSE
The testimony of Roxanne Consunji is being offered to prove that Kimmy D. Consunji, the respondent, is
able and have been fulfilling her parental and marital obligations.
The questions asked by Atty. Yuri Chan and the answers I gave are as follows:
1. Q: What is your name?

A: Roxanne Consunji.
2. Q: How old are you?

A: 17 years old.
3. Q: Where do you currently live?
A: 24 Butterfly St., Farm Subdivision, Quezon City.
4. Q: Do you understand why you are giving this testimony?

A: Yes.
5. Q: In what language do you wish to have this examination be conducted?

A: English.
6. Q: Why are you giving this testimony?

A: To defend my mother from the accusations of my father against her.
7. Q: Do you understand that you are required to answer the questions truthfully, and that you may be liable for
any falsity?
A: Yes.
8. Q: How are you related to Eric C. Consunji?

A: He is my father.
9. Q: How are you related to Kimmy D. Consunji?

A: She is my mother.
10. Q: Who do you live with in Quezon City.

A: My mother, Maxim, my half-brother and Joy and Jaya, my younger sisters. We also have househelp at
home, Maria.
11. Q: How is your relationship with your mother?

A: It is okay.
12. Q: Can you go into details? What does your mother normally do at home?
A: She makes sure we’re well-fed and healthy. Every day, she sends us to school, makes sure we are
prepared for school and gives us ‘baon.’
13. Q: What else does she do?

A: She also helps us with our homework at night when we get home from school.
14. Q: On weekends what do you do?

A: Sometimes, all of us go to the mall together and on Sundays, we go to Church.
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.
17. Q: Would you know why your parents kept fighting?

A: I think it was because Mama found out that Papa had another woman.
18. Q: How did your parents fight?
A: They would scream at each other. Sometimes, it would get physical that Mama would have bruises when
Papa would restrain her.
19. Q: How was your mother during this time?

A: She was depressed. There were times I would see her crying but she did not really showed us. I just see
her inside her room without her noticing.
20. Q: How is your relationship with your father now?

A: I think it is better now. Our setup is more peaceful with Papa away.
21. Q: Does he visit you?

A: Yes, sometimes, although not regularly.
22. Q: Does your father still support you financially?

A: I am not really aware of our finances. I just know Mama takes care of everything. But Papa does not give
us money directly.
23. Q: So your mother has been able to take good care of you?
A: Yes, she takes care of everything at home.
24. Q: Was there ever a time your electricity and water supply at home got cut off?
A: No, I don’t recall a time we didn’t have electricity or water.
Atty. Yuri Chan: No further questions for the witness.
This affidavit is being executed to attest to the truthfulness and veracity of the foregoing facts which are
based on my personal knowledge and belief.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of August, 2017 at Makati
City.
Roxanne Consunji
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City, on August 30, 2017.
Affiant personally came and appeared with Driver’s License No. N04-11-976456 issued by the Land
Transportation Office on November 11, 2016, bearing his photograph and signature and Community Tax
Certificate No. 416742 issued by San Juan City on June 6, 2017, and having proved his identity by competent
proof of identity as the same person who personally signed the foregoing instrument before me and avowed under
Atty. Jon Snow

Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City
Doc No. 10
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:
1. I personally conducted the examination of Jane D. Healer for Civil Case No. 123-45 entitled Eric Consunji
versus Kimmy D. Consunji for nullity of marriage with support pendente lite at the aforementioned office
address;
2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer
that the witness gave; and
3. I nor any other person then present or assisting him coached the witness regarding his answers;
IN WITNESS WHEREOF, I have hereunto set my hand on this 30th day of August 2017 at Makati
City.
ATTY. YURI CHAN

Transportation Office on December 11, 2014, bearing her photograph and signature and Community Tax
Certificate No. 0045215 issued by the Barangay Poblacion, Makati City on May 10, 2017, 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. Jon Snow
Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
ERIC C. CONSUNJI
Petitioner,
Respondent.
x-------------------------------------------------------------------------------------------------x
JUDICIAL AFFIDAVIT JOY D. CONSUNJI
I, JOY D. CONSUNJI, Filipino, 10 years of age, single, and residing at 24 Butterfly St., Farm Subdivision,
Quezon City, after having been sworn in accordance with law, hereby respond to the following questions being
propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law Office at Unit 8F 8 Rockwell Dr. Makati
City, with full consciousness that my answers are being given under oath and that I may otherwise face criminal
liability for false testimony or perjury.
PURPOSE
The testimony of Joy Consunji is being offered to prove that Kimmy Consunji, the respondent, is able and
have been fulfilling her parental and marital obligations.
The questions asked by Atty. Kristine Uy and the answers I gave are as follows:

A: Joy Consunji.

A: 10 years old.
A: 24 Butterfly St., Farm Subdivision, Quezon City.

A: Yes.

A: English.

A: I think Mama and Papa are fighting so I am asked what happens at home.
any falsity?
A: Yes.
8. Q: How are you related to Eric C. Consunji?

A: Eric is my father.
9. Q: How are you related to Kimmy D. Consunji?

A: Kimmy is my mother.
10. Q: Who do you live with in Quezon City.

A: I live with Mama, Maxim, my brother, and Roxanne and Jaya, my sisters, and yaya Maria.
11. Q: How is your relationship with your mother?

A: I love Mama.
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.
13. Q: What else does she do?

A: She also takes care of Jaya, who only stays at home since she is special.
14. Q: On weekends what do you do?

A: We go to church and the mall.
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.
17. Q: Chaotic? How?

A: Mama and Papa kept fighting and shouting at each other.
18. Q: Would you know why your parents kept fighting?

A: They don’t really tell me why.
19. Q: How did your parents fight?
A: They would shout at each other. Mama would then end up crying.
20. Q: How was your mother during this time?

A: She was always sad and worried.
21. Q: How is your relationship with your father now?

A: He sees us sometimes.
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 don’t remember a time we didn’t have electricity or water.
Atty. Kristine Uy: No further questions for the witness.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of August, 2017 at Makati
City.
Joy Consunji
Affiant
Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
address;
City.
ATTY. YURI CHAN

Atty. Jon Snow

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
ERIC C. CONSUNJI
Petitioner,
Respondent.
x-------------------------------------------------------------------------------------------------x
JUDICIAL AFFIDAVIT OF BRIENNE TARTH
I, BRIENNE TARTH, Filipino, 30 years of age, single, and residing at Unit 811 Rockwell Condominium,
Makati City, after having been sworn in accordance with law, hereby respond to the following questions being
propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law Office at Unit 8F 8 Rockwell Dr. Makati
City, with full consciousness that my answers are being given under oath and that I may otherwise face criminal
liability for false testimony or perjury.
PURPOSE
The affidavit/testimony of witness Brienne Tarth is being offered to prove that the marriage of Eric Consunji
and Kimmy Consunji was troubled and that Eric became violent.
The questions asked by Atty. Yuri Chan and the answers I gave are as follows:

A: Brienne Tarth.
A: 30 years old.

A: Unit 811 Rockwell Condominium, Makati City.

A: Yes.

A: I understand that Eric is filing a case for the nullity of his marriage to Kimmy and I am asked what I
observed from their relationship.

A: English.
any falsity?
A: Yes.
8. Q: How do you know Eric and Kimmy Consunji?

A: Eric and Kimmy used to live in the condominium unit beside me in 2010. Being my new neighbors, I
introduced myself to them when they moved in.
9. Q: How long have you been living in this condominium?

A: Since 2005 up to the present.
10. Q: How would you describe your relationship with the Consunjis?
A: Initially, we were only neighbors and I had limited interaction with them. We usually see each other on
the hallways and corridors of the condominium and we would just say hi or hello.
11. Q: Did you become close to them?

A: Eventually, I became close to Kimmy because she was the one who remained at home while Eric
worked. I think she was lonely because she had no one talk to while she was at home. Naturally, as
neighbors, we would help each other out. We would talk about the condominium’s problems, her kids, and
other domestic concerns. As time went by and I grew closer to Kimmy, she would invite me to special
occasions, like the kids’ birthdays. I would also invite her if I held a party.
12. Q: What did you notice about the Consunjis’ marriage?

A: At first, their marriage seemed normal and nothing felt off. I started noticing that something was wrong
late in 2010. I forgot the exact date. That was the first instance I heard a ruckus from their unit late at night.
As a result, I was awoken from my sleep. I cannot exactly make up what made the sounds but there were
definitely people shouting at each other like they were fighting. As to what they were fighting about, I could
not make out.
13. Q: What happened next?

A: I just went back to sleep. I did not want to interfere as I thought it was normal that couples have
arguments at times.
14. Q: Was that the only time you noticed this?

A: No. Sadly, after that night, I kept on hearing them fighting from my unit. The worse scenario was when
Kimmy came knocking on my door with bruises. Eric angrily came knocking at my door right after
searching for Kimmy. At first, I was afraid because he looked really mad but I talked sense into him and told
him to let his anger pass and promise that I’ll return Kimmy home the following day. I took her in that night
and took care of her. The day after, I think Eric already calmed down and apologized to her so she went back
to their unit.
15. Q: What else do you know of their marital problems?

A: I’m not close to Eric and all I know is what Kimmy has told me. According to her, their fight started
when she discovered that Eric had another woman. When she told Eric that she knew, Eric denied it. When
she kept on insisting, Eric got mad at her and told her to stop accusing him of something that he did not do.
Many times, Kimmy would keep crying and confide in me with their marital problems. She was so troubled
then. She was worried very much for her children and since the kids were still very young, Kimmy wanted to
keep the family together as much as she could bear.
16. Q: This went on for how long?

A: Ever since that first time I heard them fighting, this went on regularly. Around once a week, I would say,
during the time they were my neighbors. After they moved to Quezon City, I did not hear much from
Kimmy anymore.
Atty. Yuri Chan: No further questions for the witness.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day of August, 2017 at Makati
City.
Brienne Tarth
Affiant
Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
address;
City.
ATTY. YURI CHAN

Atty. Jon Snow

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
ANNEX A
Danny Cenzon, M.D., FCLPP
PSYCHIATRY
CENZON CLINIC
23 BURGOS STREET
MAKATI
123-4567
PSYCHIATRIC EVALUATION
August 17, 2017
GENERAL DATA: The client is Eric C. Consunji, 45 years old, male, married, Roman
Catholic, residing at Unit 810 Rockwell Condominium, Makati City, Metro Manila. He is
currently a Senior Vice President for Nestle Philippines. He has been separated from wife for
more than 6 years. He consulted for the first time on January 3, 2012.
CHIEF COMPLAINT:
“She takes shabu and mixes it with wine”
“She drove over people in the road without being accountable”
“She does take care of her our children” According to the client.
MEDICAL HISTORY:
He has not been diagnosed with any medical condition.
PSYCHIATRIC HISTORY:
No incidents of any psychological condition.
Perinatal and Early Childhood:
Eric is the oldest of two siblings. He was born via Normal Spontaneous delivery, in a
hospital, assisted by a Doctor. The pregnancy was uncomplicated.
He was breastfed. His developmental milestones were at par with age.
His father was a senior manager for Nestle Philippines.
His mother is a housewife, she cared for her children.
He and his sibling helped out in their grandparents’ merchandising store.

Eric was enrolled in Ateneo de Manila University, for elementary. He had outstanding
grades. He was part of the football team on his second grade.
He was more of a leader but was an excellent team player.
Adolescence:
He continued high school in Ateneo. He was part of the Sea Games football team, where
his team won the championship.
He hoped to be an executive in a multinational company.
His family’s lifestyle was simple.
The principles such as “doing everything to support the family”, “education is the best
gift that a parent can give”, were his parents’ priority. They reminded the children to
value their education, and to strive for a better life.
Adulthood:
Eric took a course of BS Mechanical Engineering at the University of the Philippines –

Diliman.
Eric worked part time in his grandparents’ store as a supervisor.
He was earning and saving while he was in college.
During his time in college, he had a girlfriend of ten years. They eventually broke up due
to his girlfriend leaving for Canada.
He started working as a technical supervisor in Nestle Philippines.
With his savings, he was able to buy a Toyota Corolla.
MARITAL AND RELATIONSHIP HISTORY
While Eric was working in Nestle, he met Kimmy in the gym. He was introduced to her
son.
Eric went out with Kimmy for a number of dates before he started visiting Kimmy’s
house.
Eric and Kimmy’s relationship lasted for 5 years before they started to live-in.
Kimmy did not want to marry Eric. They agreed to have a live-in relationship.
Eric and Kimmy lacked communication. He noticed that Kimmy was often out with her
friends, sometimes she did not go home.
Eric asked Kimmy to stay home more often to tend to the children. She reasoned that
they were not married. Eric tried to pressure her into marriage. While Eric focused on
supporting the
family, Kimmy dated other women.
Eric and Kimmy’s Roxanne, passed the examination in Miriam College. She was not
allowed to enroll because Eric and Kimmy were not married.
Because of the enrollment issue, Eric and Kimmy decided to get married to avoid further
difficulties of having their future children being declared illegitimate. He also wanted
Roxanne to have a good education.
Eric and Kimmy married in civil rites on January 20, 2005 at the Regional Trial Court of
Makati City.
After the weeding, Eric adopted Maxim while Roxanne, Joy, and Jaya was legitimated by
virtue of the subsequent marriage of Eric and Kimmy.
Eric again requested that Kimmy worked as a promo girl in bars and disco houses.
Kimmy also engaged in escort services. She also had an addiction to alcohol and drugs.
She also had anxiety problems which make her turn violent.
On 2010, Kimmy was so addicted to alcohol that she would also lose consciousness. She
also had mixed ‘shabu’ with her alcohol.
On 2011, Kimmy became very violent. One night, Kimmy tried to stab Eric in his sleep.
The incident forced Eric to physically separate himself from Kimmy.
The children are not with Kimmy. They are currently staying with Eric. They are being
tended by Eric’s house help who have taken care of Eric while he was growing up.
PSYCHOLOGICAL TESTS:
CULTURE FAIR TEST

BASIC PERSONALITY INVENTORY
HOUSE-TREE-PERSON
DRAW-A-PERSON TEST
BENDER GESTALT VISUAL MOTOR TEST
LUSCHER FULL COLOR TEST
ZUNG DEPRESSION SCALE
DESCRIPTION OF PSYCHOLOGICAL TESTS USED:

The Culture-Fair IQ Test measures intellectual ability, avoiding the cultural biases inherent in
other intelligence tests.
The Projective drawings were used to elicit psycholopathology of the client. They reveal the
client’s views of herself, on sexuality, beliefs, principles, and family orientation.
The Basic Personality Inventory (BPI) is an innovative, multiphasic personality assessment

intended for use with clinical and normal populations to identify sources of maladjustment and
personal strengths. The BPI can be used with both adolescents and adults, and is completed in
half the time of other measures. The BPI measures twelve distinct psychological traits. Scale
names were chosen to avoid potentially inaccurate diagnostic labels while emphasizing construct
dimensions of psychopathology, The BPI makes use of sophisticated procedures to minimize
susceptibility to the social desirability response bias. It is sensitive to the tendency to describe
oneself in favorable and unfavorable terms. The easy reading level makes it suitable for a variety
of populations.
The Bender-gestalt visual motor test, elicit any form of psychosis, such as auditory hallucination,
delusions.
The Luscher color test reveals the client’s desires, dreams, fantasies, coping skills.
The Zung Depression Scale, is used to elicit any forms of depressive tendencies.
The Mental Status Examination, is an interview that reveals the client’s mood, affect, through
process, thought content, memory impairment, abstract thinking, visuo-spatial, judgment, and
insight.
PSYCHOLOGICAL TEST RESULTS
He is confident of his ability to overcome obstacles.
He has high ideals. He puts importance in planning for the future.
Subject expresses only positive feelings towards his mother.
He expresses complete satisfaction with his father’s personality.
He appears to have given up achieving sexual satisfaction.
He is confident of his ability to overcome obstacles.
He shows concern for spirituality.
No depression on Zung Scale.
No Psychosis.
PSYCHODYNAMIC INFERENCES OF KIMMY I. DORA (Based on the narration of ERIC
C. CONSUNJI, AND PROGRESS REPORTS FROM THE DROGA FOUNDATION)
Kimmy is the second of three siblings.
Her father was unemployed.
Her mother was a sales clerk.
She was unable to graduate from college due to financial constraints.
All her siblings used ‘shabu’ because she introduced them to prohibited drug use.
Her family feared her because she provided for them.
She was known to be very flirtatious. Prior to her relationship with Eric, her relationships
were intense and short-lived. She had a daughter named Maxim with another man.
She used prohibited drugs and drank alcohol every day.
She ran over people in EDSA Pasay City in 2012 while under the influence of alcohol.
In order to support her use of drugs and alcohol, Kimmy mortgaged their car for a loan.
She also attempted to sell their property for less than its fair market value.
The root cause is her dysfunctional family, and environment.
INITIAL MENTAL STATUS EXAMINATION:
Seen an adult male, fairly kempt, in polo shirt and pants. Cooperative to queries. Mood is
dysphoric with appropriate affect. He denies perceptual disturbances such as auditory or visual
hallucinations. He shares his frustration in his failed marriage. He is oriented to time, place, and
person. Intact memory. Fair test judgment, partial insight.
DIAGNOSTIC IMPRESSION OF KIMMY I. DORA (BASED ON THE NARRATION OF

ERIC C. CONSUNJI, AND PROGRESS REPORT FROM THE DROGA FOUNDATION)
AXIS I – Partner relational problems

Methamphetamine HCI induced psychotic disorder (in remission since 2010)
Poly-substance dependence
AXIS II – Anti-social personality disorder

Dependent personality traits
AXIS III – None
AXIS IV – Primary support group (Dysfunctional Family)
AXIS V – Global Assessment of Functioning - 5
REMARKS:
Based on interview and examination of Eric Consunji, Kimmy Dora is suffering from an
Anti-Social personality disorder.
This is characterized by
1. Failure to plan ahead

a. She did not value her education
b. She resulted into sex work to satisfy her needs for drugs and alcohol.
c. She has low tolerance for frustration
d. She had relationships, which served her material needs
2. Failure to conform to social norms
a. She stayed out late with friends
b. She used prohibited drugs and drank alcoholic beverages
3. Careless disregard for the safety of others
a. She hit people while driving
b. She almost attempted to kill her husband
4. Lack of remorse
The root cause is her dysfunctional family, which manifested during early adulthood
characterized as PSEUDO-HOSTILE FAMILY, wherein emotions are suppressed.
RECOMMENDATIONS:
Based on the above findings, it is therefore recommended that Eric C. Consunji’s

marriage to Kimmy I. Dora, be declared null and void, on the basis of her psychological
incapacity to handle essential marital obligations, manifested during adolescence. The root cause
is here dysfunctional family. Here personality disorder is GRAVE, SERIOUS, AND
INCURABLE.
DANNY CENZON, M.D., FCLPP

PSYCHIATRIST
ANNEX B
REPUBLIC OF THE PHILIPPINES)
MAKATI CITY )S.S.

AFFIDAVIT

I, Carolina Alejo, Filipino, of legal age, with address at 420 Ocean Drive,
Forbes Village, Makati City, after being sworn in accordance with law, hereby
depsoe and state:

1. I am a licensed social worker, as evidenced by License No. 34052 dated
January 12, 2016, issued by Makati City.

2. From January 5, 2017 to August 5, 2017, I conducted a case study on the
Consunji family, and found that reconciliation is no longer viable.

3. Based on the foregoing, for the benefit of Eric D. Consunji and Kimmy I.
Dora, I recommended for the nullity of their marriage, if legally feasible,
as evidenced by my issued recommendation.

4. I have nothing to further say at this time.

IN WITNESS WHEREOF, I have affixed my signature on this [date] in 8
Rockwell, 8 Rockwell Drive, Makati City.

Carolina Alejo

JURAT

Subscribed and sworn to before me, a Notary Public in and for Makati City,
affiant exhibiting to me her Community Tax Certificate No. EA127689
issued in Makati City on January 29, 2017 and his Philippine Passport No.
EB 1533286 issued at DFA Manila and expiring on May 16, 2020, who was
identified by me through comptent evidence of identity to be the same
person who presented the foregoing instrument and signed the instrument
in my presence, who took an oath before me as to such instrument.

Witness my hand and seal this 27th day of August 2017.

Jaime Lorenzo P. Bañez
Notary Public For Makati City
Appointment No. 2017-009 until December 31, 2018
8 Rockwell, 8 Rockwell Drive, Makati City
Roll No. 12009
IBP No. 901199; January 12, 2016 until 2018; IBP Makati Chapter
PTR No. 2533538; January 20, 2017; Makati City

Doc. No. 19
Book No. 17
Page No. 34
Series of 2017

ANNEX C

ANNEX D

ANNEX E

ANNEX F
Branch 15
Makati City
IN RE: IN THE MATER OF

ADOPTION OF MINOR
MAXIM DORA AND
CHANGE OF NAME TO
MAXIM CONSUNJI
SPECIAL
PROCEEDING
NO. 6547
ERIC CONSUNJI
Petitioner
RESOLUTION
In February 14, 2006, herein PETITIONER, Eric Consunji, filed a Petition

to legally adopt the minor child of his legal wife, KIMMY DORA CONSUNJI.
The petition herein provides:
COMES, NOW, THE PETITIONER, through his counsel, and unto this Honorable
Court, most respectfully allege the following:
1. That petitioner is of legal age, Filipino, married to the biological mother of

the child, Maxim Dora, and resident of Unit No. 810, Rockwell
Condominium, Makati City.
2. That he desires to adopt the minor child of his wife, Kimmy Dora Consunji.
3. That this minor child, named MAXIM DORA, who is male, fourteen (14)
years of age, Filipino, and likewise residing at Unit No. 810, Rockwell
Condominium, Makati City.
4. That herein subject minor was born on January 5, 1992 at Caloocan Medical
Center to KIMMY DORA, then unmarried, now his legal wife, which proof
of birth was duly registered in the Register of Births of the Office of the
Civil Registrar of Caloocan City, for which a Certificate of Live Birth was
issued.
5. That during the child’s admission in the center, Eric Consunji has been
considerate and affectionate towards him since the Petitioner started living
with them in 1996, when he was 4 years old, until present when the latter
married his mother.
6. That the DSWD made a Child Study Report on the subject minor child and
recommended that as a kid in his teenage years, Maxim needs the guidance
and love of a father figure.
7. That herein petitioner has the capability and ability to extend to said minor
the kind of financial support that a parent can give to his child.
The COURT hereby RESOLVES to APPROVE the PETITION OF ERIC

CONSUNJI to legally adopt Maxim Consunji as his legal son.
APPROVED.
ANNEX G

ANNEX H

ANNEX I
UNIT #810 Rockwell Condominium, 20 sqm, Condominium Unit

ANNEX J

ANNEX K

ANNEX L
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%S7BMFSJF7FSBOP
OCTOBER 13, 2008

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ANNEX L

ANNEX M
Michelle C. Uson
DIRECTOR
DROGA FOUNDATION
NO. 6 MOLAVE EXTENSION STREET
QUEZON CITY
METRO MANILA
101-98181
MONTHLY PROGRESS REPORT
31 August 2011
CLIENT DATA:
The patient is Mrs. Kimmy D. Consunji, 47 years old, female, married to Mr. Eric C. Consunji
and residing at 24 Butterfly St., Farm Subdivision, Quezon City. She voluntarily admitted herself
to the Droga Foundation in 2011 due to her alcohol abuse. She notes that her increasing
dependence in alcohol is a result of all her frustrations from Eric’s infidelities and violence.
Alcohol use has been her means of coping with all the problems that their family is experiencing.
However, she recognizes the need for her to undergo rehabilitation for the sake of her four
children, who needs her care.
The Droga Foundation offers a basic 6-month rehabilitation program for all substance abuse
patients, and the duration of the program varies depending on the severity of the addiction of the
patient, upon evaluation. Nevertheless, the patient may be released earlier than the basic 6-month
rehabilitation program, provided she has exhibited conduct and behavior consistent with the
rehabilitation program’s objectives. The Foundation continuously observes the behavior of the
patient and releases monthly progress reports regarding his or her rehabilitation.
EVALUATION:
Mrs. Kimmy Consunji admitted herself voluntarily and sincerely on May 28, 2017. Afer only
four months of staying in the rehabilitation facility, she has exhibited great progress and positive
results, resulting to a change of outlook in her life. She has recovered faster than everyone who
were admitted in the past two years. She has realigned her goals and only has one thing in mind:
to preserve her family and take care of her loved ones.
RECOMMENDATION:
Given the said evaluation of Mrs. Consunji and other circumstances, the Foundation is
recommending her early release. Mrs. Consunji.
SIGNED:
Michelle Uson
Director, Droga Foundation
ANNEX N
TRANSFER

ANNEX O

ANNEX P
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June 21, 2009

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%S&WBOEFS0OH
November 16, 2009

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February 18, 2010
ANNEX Q

ANNEX R

ANNEX S

2 Answer For Kimmy Consunji

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Republic of the Philippines

REGIONAL TRIAL COURT

-versus- Civil Case No. 123-45

Respondent, through undersigned counsel, most respectfully files her

1. Respondent admits the allegations in paragraphs 1, 2, 3, 4, and 5 as to the

2. Respondent admits in part the averments in paragraphs 6 and 8 as to the

3. Respondent admits in part the averments in paragraph 10 stating that she

5. Respondent admits to having received allowance in the amount of

6. Respondent admits in part the averments in paragraph 14 insofar as it

The respondent specifically denies the following paragraphs, subject to the

1. Respondent denies paragraph 7 insofar as it states

2. Paragraph 8 is denied insofar as it states that the spouses Consunji

3. Respondent denies the allegations in paragraph 9 and 10 stating that she

5. Respondent denies the allegations in paragraph 12 stating that in 2011,

6. Respondent denies the following allegations in paragraph 14:

7. Respondent specifically denies under oath the genuineness and due

8. Respondent specifically denies under oath the genuineness and due

SPECIAL AND AFFIRMATIVE DEFENSES

11. When Eric ceased to be the manager of Kintex Condominium in 1996, he

15. To accommodate their growing family of six, they moved to a bigger

17. To cope with the mental anguish of being married to a womanizing

27. Kimmy is not psychologically incapacitated. Firstly, alcoholism and

28. Psychological incapacity must be existing at the time of the

30. Eric’s attempt to have their marriage nullified is a result of his

32. However, Article 36 is likewise unavailing because it is absurd to

33. Undoubtedly, Kimmy was never ill-equipped to discharge her essential

WHEREFORE, Respondent respectfully prays that this Honorable court (a)

VERIFICATION AND CERTIFICATION OF NON-FORUM

I, Kimmy D. Consunji, Filipino, of legal age, with address at 24 Butterfly St.,

1. I am the respondent in the above-stated case;

2. I caused the preparation of the foregoing Answer;

IN WITNESS WHEREOF, I have affixed my signature on this 28th of August

Witness my hand and seal this 28th day of August 2017.

Doc. No. 1234;

I, Speedy Gonzales, messenger of [AAA], herein counsel for Kimmy D.

SUBSCRIBED AND SWORN to before me this 31st day of August 2017 at

Doc. No. 1234;

Republic​ ​of​ ​the​ ​Philippines

support after he left, although it was intermittent and not enough. It

Republic​ ​of​ ​the​ ​Philippines

A: I am Maxim D. Consunji, of legal age, single, and residing at 24

Transportation Office on December 11, 2014, bearing her photograph and

A: I am Sansa D. Star, 35 years old, single, and residing at 24

1. I personally conducted the examination of Sansa D. Star for Civil

Republic​ ​of​ ​the​ ​Philippines

A: ​Meron parin po. Naalala ko umalis bigla si Ma’am Kimmy ng

Series​ ​of​ ​2017.

Atty.​ ​Jon​ ​Snow

Republic​ ​of​ ​the​ ​Philippines

A: No. There was also an instance where the wife, Kimmy D.

signature and Community Tax Certificate No. 456789 issued by Quezon

Republic​ ​of​ ​the​ ​Philippines

nurse in the Emergency Room unit of Cardinal Santos Hospital

JUDICIAL AFFIDAVIT OF ROXANNE D. CONSUNJI

1. Q: What is your name?

2. Q: How old are you?

4. Q: Do you understand why you are giving this testimony?

5. Q: In what language do you wish to have this examination be conducted?

6. Q: Why are you giving this testimony?

8. Q: How are you related to Eric C. Consunji?

9. Q: How are you related to Kimmy D. Consunji?

10. Q: Who do you live with in Quezon City.

Republic of the Philippines

Republic of the Philippines

Republic of the Philippines

A: Meron parin po. Naalala ko umalis bigla si Ma’am Kimmy ng

Series of 2017.

Atty. Jon Snow

Republic of the Philippines

Republic of the Philippines