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JUDAF For Nullity of Marriage
JUDAF For Nullity of Marriage
ROMEO H. MONTAGUE,
Petitioner,
JULIET W. CAPULET-MONTAGUE,
Respondent,
x----------------------------------------------x
JUDICIAL AFFIDAVIT
of Petitioner Romeo H. Montague
MANIFESTATION
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5. Q. How old were the two (2) of you at that time?
7. Q. How so?
8. Q. Can you tell us how the two (2) of you got close?
A. Like I said, the two (2) of us were very active in our local
parish church. The youth ministry was like a tight-knit
barkada, so that once you become part of the group, you were
bound to get close to one another.
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A. Well, every time I asked Juliet to help me court her
cousin, I found that she would actively discourage me, saying
that her cousin and I were not compatible. She was able to
persuade me not to go through with my original intentions.
Juliet would often tell me that she did not get along with
members of her family, particularly her Mom and siblings, and
expressed that she wanted to leave home and be married to me
as soon as I finished college. Of course, I was flattered in a way.
Imagine-a Capulet saw me as her knight in shining armor!
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Then it slowly became difficult for me. Juliet, being older, was
very domineering and mostly got her way. Even then, she was
very possessive and controlling, and often got jealous of other
girls, more so because she knew that I was slowly getting a
reputation for being a ladies’ man in school.
A. Well, the one that stands out really was when, after I
qualified for entry at the Philippine Military Academy in
Baguio, Juliet demanded that I enroll at a different educational
institution. I really wanted to be a military officer back then, but
Juliet argued that a military life will encourage me to cheat on
her. All soldiers are womanizers, she would say. We would get
into huge fights. In the end, I just wanted her to get off my case,
so I relented and enrolled somewhere else for college, much to
the disappointment of my parents.
And I don’t ever remember Juliet not being jealous. She was
always jealous of other girls-and of the time I spent with my
friends. She would often provoke fights with me when I am
around other girls or when she hears gossip about this or that
girl having a crush on me.
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what I could or could not do. She even told me what kind of
clothes to wear when I would go out to drink with friends!
Also, I was seeing another girl then. And that girl was so
different from Juliet. Not only did we have sex regularly, but
she tended to take care of me. We did not fight. She was not
always jealous of friends, and every other girl I talk to.
17. Q. What happened next, if any? Did the two (2) of you
reconcile?
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18. Q. How would you characterize with your relationship with
the respondent the second time around?
And Juliet kept hinting, threatening really, that she would put
herself to harm if things didn’t change, or if I didn’t marry her
soon.
A. Yes, I do. I kept most of her letters, and these letters often
hinted that she was ready to hurt herself.
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24. Q. Mr Witness, do you mind reading, for the record, the
main body of the handwritten letter dated 07 July 1997, that
respondent sent to you?
25. Q. Mr. Witness, do you mind reading, for the record, the
highlighted portions of the handwritten letter dated 08 August
1997, that respondent sent to you?
xxxx
xxxx
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Kahit na ayaw mo ‘kong tulungan (ayaw mo
kong kunin ditto) ayos lang. Ganon’n daw yon eh
hagga’t hindi nawawala
x x x x”
26. Q. Mr. Witness, do you mind reading , for the record, the
highlighted portions of the handwritten letter dated 09 August
1997, that respondent sent to you?
x x x x”
27. Q. Mr. Witness, after you got back together with respondent,
what happened?
A. In the end, I finally gave in to Juliet’s demands that the
two (2) of us get married.
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Presiding Judge of Branch 56 of the Metropolitan Trial Court of
Malabon City. The wedding rites were conducted within the
premises of the Hall of Justice at Catmon, Malabon City.
A. Yes, it is.
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33. Q. Did you and respondent immediately consummate your
marriage? Did the two (2) of you engage in sexual intercourse?
At the time, I did not think much of her refusal to have sexual
intercourse. And since we were set to have a church wedding
less than two (2) months later. I felt, at that time, that is was ok
for us to wait first.
A. Yes, it is.
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Petitioner attaches hereto a machine copy of the
aforementioned certificate of marriage, which
petitioner, warrants is a faithful reproduction of the
original, and make the same an integral part hereof,
subject to respondent comparing it with the original
and/or stipulating as to its authenticity, if so
warranted.
38. Q. You mean to say that, even on your wedding night, you
and respondent did not have sexual intercourse?
A. Yes, that is what I meant. Juliet refused to have sexual
intercourse with me.
41. Q. How did you react and/or feel about the refusal of
respondent to have sexual intercourse with you?
43. Q. So, what did you do, given that respondent, your wife,
refused to have sexual intercourse with you?
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A. I will be very blunt in answering this question: Not once,
during our cohabitation, did I successfully engage in sexual
intercourse with my wife. Because of this, it was impossible for
us to have any children. She denied me the opportunity to have
children with her. This embarrassed me. I could not even tell
my closest friends at first because I was concerned that they
would laugh at me.
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A. To be honest, Juliet can be very sweet and caring from
time to time. During our marriage, she ran our household well,
although she had a tendency to be strict with maids. She
cooked for me, and it was good enough for me to invest in a
small canteen, which she eventually ran and managed.
When Juliet told my father this, he got so mad at me, and told
me that he was very disappointed in me. I cried after, out of
regret and frustration. I just did not know what to do.
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52. Q. Prior to filing this Petition, how long did you cohabit with
respondent?
53. Q. Prior to filing this Petition, how long have you been
separated from respondent?
54. Q. Why did it take you that long? You said you ran a general
store at a public market. Money should not have been a
problem.
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Manifestation and Motion: let it be noted on the
record that Petitioner is referring to a red,
stenographic notebook, previously identified,
authenticated and pre-marked during the course of
Pre-Trial as Exhibit “N“, with succeeding lined
pages pre-marked as Exhibits “N-1“ to “N-20“.
57. Q. One last question, Mr. Witness: During the course of your
marriage, did you and respondent accumulate any joint
properties?
ROMEO H. MONTAGUE
Petitioner-Affiant
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