Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch 22
Cagayan de Oro City

BUENAFER ABANG-MONFORTE FC CIVIL NO. 2018-300

Petitioner,
For:
- versus - Declaration of Nullity
of Marriage
CECILIO MONFORTE
Respondent,
x ------------------------------------/

JUDICIAL AFFIDAVIT

This is the Judicial Affidavit of MICHELLE OCO VILLAMOR. This was taken on
____________, in the office of Atty. Tiburcio M. Palasan, Jr. at Door 1, Ramada
Goodwill Building, Rizal-Fernandez Sts., Cagayan de Oro City. It is conducted in a
language understood by the affiant and the proceeding was duly recorded.

OFFER OF TESTIMONY: To prove that the respondent even before the

celebration of marriage, did not possess the psychological capacity to comply with
the basic marital obligation, that is, “to live together, observe mutual love, respect
and render mutual help and support1". The said psychological incapacity was
existing at the time of the celebration of marriage but was made manifest
thereafter. The witness will further testify on relevant matters.

1. Q: Please state your personal circumstances.

A. My name is MICHELLE OCO VILLAMOR, of legal age, married, Filipino, and a
resident of Purok 3, Tuburan, El Salvador City, Misamis Oriental.

2. Q: What is your highest educational attainment?

A. 3rd year college, sir.

3. Q: You can understand the English language right?

A. Yes, sir.

4. Q: Do you know a certain BUENAFER ABANG- MONFORTE and CECILIO

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Article 68 of the Family Code of the Philippines.

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MONFORTE?
A: Yes. They were my neighbor’s.

5. Q: How far is your house from them?

A: Our house is just next to theirs.

6. Q: Are you related to BUENAFER ABANG-MONFORTE and CECILIO MONFORTE?

A: We are a long distant relative with BUENAFER ABANG-MONFORTE as well as
with CECILIO MONFORTE.

7. Q: How long have you been neighbors?

A: For quite some time already, sir. I remember though that from the time they
are married, we are already neighbors.

8. What have you observed regarding the attitude of CECILIO MONFORTE in dealing
with his wife BUENAFER ABANG-MONFORTE, if any?
A: I’ve noticed that he is a jealous husband. That notwithstanding the fact that
her wife was the one taking care and managing their Sari-sari store still, he would
not want her to mingle with others especially with guys even if they are just
customers and relatives.

9. What else have you noticed, if any?

A: One time, I saw BUENAFER ABANG-MONFORTE with a black- eye. I later have
known, as she relayed to me that it was caused by a punched from his husband
CECILIO MONFORTE.

10. Q: What else have you noticed, if any?

A: While I was still a high school student, I’ve also seen him slap his wife twice
and wants her to get inside their house. Such incident took place at around 8:00 o'
clock in the evening. They then went inside and then I've heard her crying. I also
heard her saying that if he would again inflict physical harm on her, they would
have to separate.

11. Q: Based on your knowledge, was that the last time her husband inflict
physical harm on her?
A: No, sir. In fact, I again saw him slap his wife again after some time. That was
then the second time I saw him did that. Afterwards, BUENAFER ABANG-
MONFORTE left him and live with his mother which is just next to their house.

12. Q: So they got separated is that what you are trying to say?
A: Yes sir.

13. Q: Were they able to fix their marriage?

A: No, sir. Sometime after their separation BUENAFER ABANG-MONFORTE
started to apply for work abroad and was then able to work in Dubai in August of
1998.
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14. Q: When she left to work abroad, who took care of their children?
A: For some time, the children are with their father but they, however, decided
to stay with their grandmother, the mother of BUENAFER ABANG-MONFORTE.

15.Q: Who is/are supporting her children since 1998, if you know?
A: BUENAFER ABANG-MONFORTE was the one supporting their children as she
sends them money monthly.

16.Q: How about CECILIO MONFORTE do you have any knowledge as to his
whereabouts and his doing starting from the time BUENAFER ABANG-MONFORTE
went abroad to work?
A: It came to my knowledge that since 2000, he has been living with another
woman who is a widow and they live in Cogon, El Salvador.

17. Q: Based on your knowledge, from the time they were separated, was there
an instance wherein they tried to fix your marriage?
A: I’ve known that CECILIO MONFORTE tried to reach out but BUENAFER
ABANG-MONFORTE did not want to see him anymore as she is afraid of him,
because he threatened her before that he would kill her if he sees her.

18. Q: I have nothing else to ask, do you have something to add if any?
A: None so far.

19. Q: Do you execute the foregoing truthfully and voluntarily.

A. Yes, I am.

20. Q: Do you understand that if you are not telling the truth you will be prosecuted
for lying under oath.
A: Yes, I understand.

AFFIANT FURTHER SAYETH NONE!

IN WITNESS WHEREOF, I hereunto set my hand this __________, at Cagayan

de Oro, Philippines.

MICHELLE OCO VILLAMOR

Affiant
ID NO. ______________
Issued on ____________
Issued at ____________

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 SUBSCRIBED AND SWORN to before me this _____________ at Cagayan de
Oro City, affiant being known to me and personally appearing before me, exhibiting
her government-issued ID, with the date of issue and expiration.

LAWYER’S ATTESTATION

I hereby declare that I conducted the examination of the above-named

witness in my office at Cagayan de Oro City.
Further certifying that I keep a record of the proceedings and that the
witness was not coached by me or my assistant or by any person then present.
Done this ___________ at Cagayan de Oro City.