Professional Documents
Culture Documents
Judicial Affidavit
Judicial Affidavit
ELENITA SALAMAT-MAGDALENO,
Plaintiff,
Civil Case No. 198761
- versus - For: DECLARATION OF
NULLITY OF
MARRIAGE
JOEL H. MAGDALENO,
Respondent.
x -------------------------------------- x
JUDICIAL AFFIDAVIT OF
ELENITA SALAMAT-MAGDALENO
PRELIMINARY STATEMENT
PURPOSE
Page 1 of 8
Civil Case No. 198761
AFFIDAVIT PROPER
Q: Please state your name and other circumstances for the record.
A: My name is Elenita Salamat-Magdaleno. I am 45 years old. And
I am currently residing at 9023 Kalayaan St. Brgy. Poblacion,
Makati City
Q: After you and Mr. Magdaleno got married, did you live together?
A: Yes. We lived in his parents’ house in Paco, Manila for three (3)
months and thereafter acquired a house and lot in Poblacion
Makati.
Q: Are you two living together in that conjugal dwelling until now?
A: No. We are already living separately since June 2015, more than
four (4) years now. My daughter and I are the only ones left in
the family home.
Q: Can you tell me the reason for this separation between you and
Mr. Madaleno?
A: We were never in good terms.
Page 2 of 8
Civil Case No. 198761
A: No. Our marriage was smooth sailing during the first five (5)
years. I was then working as an agent of a travel agency in
Makati and my husband manages his parents’ lending company.
We had a stable income. But everything changed since 2002.
Q: Did you agree with the idea of him putting up this company?
A: Of course. During those time, I still had full trust on him. It was
after my second miscarriage in 2004 that Joel completely lost
himself.
Page 3 of 8
Civil Case No. 198761
Q: So what did you do after finding out about the company’s
situation?
A: I confronted him. He was drunk that time. He shouted at me while
denying about his lost shares. He told me not to interfere in his
business because I was not the one earning money for the
family. Since then, he’s been always drunk. And there are times
that he would shout at me and drag me all over the house.
Q: Can you take me to the time you and Mr. Magdaleno started
living separately?
A: It was on January 2, 2016 that I decided to kick him out of the
house. I arrived home from my parents’ house in Laguna at
around four o’clock in the afternoon. Francine was playing in our
neighbor’s house. I noticed that our front door was open. I
entered the living room and saw another woman’s underwear on
the floor. When I went to the bedroom, there I saw my husband
lying with a naked woman.
Q: Did Mr. Magdaleno continue to provide for you and your daughter
thereafter?
A: No. My parents are the ones supporting me and Francine from
then on.
Q: Then who’s living with him in the condominium from the latter
months of 2018?
A: A certain Nanette Natividad-Magdaleno. Joel and Nanette have
been living together since 2018. They even have a two-year old
daughter already.
Q: Is this Nanette the same woman Mr. Magdaleno slept with in your
house in Poblacion?
A: No, she’s not.
Page 4 of 8
Civil Case No. 198761
A: I went to the condominium in 2017 to confirm what my relatives
were telling me about Joel living with another woman in Pearl
Condominium.
Q: How did you confirm that the woman you saw in the
condominium unit with your husband is the Nanette Natividad in
the Marriage Certificate?
A: I confronted Joel’s parents and they admitted that Joel got
married in a civil wedding with his then girlfriend Nanette in Cebu
in 1992. They showed me the photos of Joel and Nanette during
their civil wedding. They even told me that Nanette went abroad
and never returned, leaving Joel behind. From then, Joel lost his
communication with Nanette, and started living as a single man.
Q: What are your prayers to this court with regard to this case?
A: That the Honorable Court grant my petition for Declaration of
Nullity of my Marriage with Joel H. Magdaleno on the ground that
our marriage is void ab inito for being bigamous.
- END OF STATEMENT –
Page 5 of 8
Civil Case No. 198761
IN WITNESS WHEREOF, I hereunto set my hand below this 27th
day of February, 2020 at Makati City.
ELENITA SALAMAT-MAGDALENO
AFFIANT
Page 6 of 8
Civil Case No. 198761
ANNEXES TO THE JUDICIAL AFFIDAVIT
Annex “A”
Annex “B”
ATTESTATION
Page 7 of 8
Civil Case No. 198761
SUBSCRIBED AND SWORN TO before me this 27th day of
February, 2020, in the City of Makati, Atty. Mario Batongbacal
personally came and appeared before me, exhibiting his LTO Driver’s
License No. 736353 issued on March 31, 2019 at Makati City.
Page 8 of 8
Civil Case No. 198761