REPLIBLIC OF THE PHILIPPI.

iES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JLTDICIAL REGION
BRANCH E6T
PASIG CITY

BERNADETTE,&. DX,&Z-&,$A SANGKA'}:,

Peti.tiorrer,

-veisus* H-psG-22:fr'154S-CV

Bfi.YAN 1/. &,{ A.SANGKT{Y,

${J&{er$#NS

'rr).
BKYAN V. &gASAJqffiKAY
ffitrl:ck H, I-ot ?8 RSG {ltaevernt}rn:}r1?es,
Elamapaam t, Baeoor City, Caqrite

GITEET'ihJG5:

You are h*reby require.d n,i.thii-L tift+:ern {15} e1;lys fr*rn servic* ol' t::i'.'
Sur:unons up*il vor-r, to e*ter yc,ur aI'!ifeaJra?"{ce in {:he ahor.e-entittrc:ci \-asirl {.r
tcr tile vlrith ihis Cs]rirt ar-le{ setr'},'e ** tFre lrelrtl*ner
-y'(!trltr veri{leet i1i,.i-tst'ir'r::r tc

the Petition, lvhich is here:to attache{}. {uog*ti.r"er lvith lts tsrmcx*c, You ;u:e
rernindeci c:f the provisi*n tlt tite illF-*{-.ri, lv{elnorani{ur:t {'<;,i: c5,
Cr-ridelines dateC 1"2 h,{arch 2{}{}2 t* observ* res;traint in fiLing ;l l:v4*;tio* tc
IJi.snxiss and to i"rtsteari aliege ttr-:e grcllrlr{s t}:r"rc-"t{:}y: as rnetens*:s rn fh,:
Answer.

WITNHSS, the I{*N#gqAE$g-E }E:S{JS Aj\r{;H{",}T# Y" F3H-IEBtT,*r5i,

$R., Presiding |udg* c{ tl"eis Cosirt 6i'ijs ?7th <;tay ct April 2S22 *t Ir;rsig { rl-tr',
lvietro Vitanila"

_1
,s, . TUNAC
fiTC, Ccurl Researcher {l
 I

REPUBLIC CIT THE PHILIPPINES APR I g

REGIONAL TRIAL COURT 'lBN) r!,
!
NAIIONAL CAPITAL JUDiCIAL REGIO
PASIG CITY
Branch

Family Court

BERNADETTE A. DIAZ.MASANGKAY,
Petitioner,

-versus-
0t51s CV
For: Legal Separation

BRYAN V. MASANGKAY,
Respondent
x X

PETITION

Petitioner, by counsel, respeetfully states

1. Petitioner Bernadette A, Diaz-tvlasangakay (Bernadette) is of legal age,

Filipino, and residing at 306 Asiana Building, fi/ayfield Park Residence, Barangay
Rosario, District 2, Pasig City. She rnay be served with processes of this Honorable
court through the undersigned counsel at the acldress stated below.

Copies of the Barangay Certitication, l-louse Location Sketch, and Contract of

Lease are attached as Annexes A, B anrJ C, respectively,

2. Respondent Bryan V" [vlasangkay (Bryan) is also of legal age, Filipino, and
residing at Block H, Lot 28 RSG Gueventhomes, panapaan 1, Bacoor City, Cavite,
where he may be served wlth surnrnons and processes of this Honorable Court.

Staiement of Facts

3. Petitioner, through her hard work and support from her mother, graduated
with a degree of Chernical Engineering from the lJniversity of the Philippines. After
graduation, she landed a good job in one of the government owned and controlled
corporations as lVlanager, lt was a weli-paid joh and she was able to support her
mother and siblings.

4. lt was in September 20{itj ti,at she met Bryan, who was four years younger
than her and still a cadet at the Phiiiupir"re tMilitary Academy (PlVlA). As Bernadette
was working in Manila and Bryari was based in Baguio, their courtship was by
telephone calls or text messages. They ,';niy see each other when Bryan is in tVanila
or Bernadette is in Baguio. After four"rncrths, they became sweethearts.
-I

5. Their long-distance relationship continued especially when Bryan

was
deployed in Davao as his first assignment after graduation
from the p1IA.

6' After being steady for four years, the parties agreed to get
married. She
was in the United Kingdom for a six-month project-basio assigiment
when she
decided to marry Bryan. The engagement ring was paid
using-the credit card of
Bernadette. Not only were the expenses of the weOOing
came froil her pocket but the
planning was left with her as well, Bryan's
only contrLution was discounts they got
from using the military facilities.

-Quezon' city,0npetitioner
7 April 24,2010 at St, Ignatius de Loyola Cathedral in Camp Aguinaldo,
and respondent became hlsband and wife.

A copy of their certificate of [Vlarriage is attached as Annex

D.

8' Soon after the wedding, Bernadette rented an apartment

within the village
where her family was also residing as she anticipated that
she will be left alone in the
house most of the time. lndeed, aiter the wedding, Bryan
was assigned in the different
parts in [\4indanao.

9. Petitioner's life with her husband is exhausting and full

of heartaches. Her
married life was like running a marathon but both have
ndt left the starting point. Most
of the time, she felt alone even if she was surrounded by
friends and reLiives. Rner
work, she would go home to an empty bed. lt was a life
full of frustrations and
disappointments. -Ihe little time they had was cancelled
by Bryan under the guise of
his military work. Bernadette believed all his excuses
and trusted him.

10. Unknown to Bernadette, while her husband was deployed

in Mindanao,
Bryan was sexually involved with different women.

11 . lt took four years for the couple to have a child. Finally,

on September 1g,
Alexis lnigo_.D. lMasangkay was born. Alexis, at the time
?01.!., of tne iiting of this
Petition is seven (7) years old and is under the care
and custody of his mother, herein
petitioner.

A copy of Alexis lfrigo's Certificate of Live Birth is attached

as Annex E.

12. ln the course of their married life, Bernadette discovered how

immature
and irresponsible Bryan is. She also discovered that he
married a chronic liar and
womanizer. fhese traits became clear when Bryan quit the
military as a soldier and
joined the private sector as-a security
manager to a real estate company.
13. When Bryan left the military, Bernadette was hopefut thatine and their
son willspend more time with him" suuh was wishful
thinking.

13'a He remains distant with his wife and son. All household work
were
left to his wife. When he is at home, instead of taking
care or nonJing with his
 son, Bryan spends more time using his phone texting. There was no effort on
him to make-up for the lost times with his family.

13.b He spends his weekend mostly on out of town trips which according
to him was "work related", only to be discovered later by Bernadette that he was
in the company of his mistresses.

13.c All his income went to his clothes and wants. Bernadette shouldered
all the expenses at home and the needs of their son with no or little contribution
from Bryan.

13.d He even obligated Bernadette to give financial support to his own

parents but he made it appear that the money came from him.
He even gets
mad if the amount of money that Bernadette gave was little or insufficient foithe
needs of his parents.

13.e He is an alcoholic. Bryan cannot live without drinking alcohol. He

becomes angry when he is asked about his drinking activities. Many times,
Bernadette saw how uncontrollably drunk his husband was which would usually
lead to an argument between them. Most of the time, Bryan would come home
late intoxicated with alcohol, messy and would miss his social obligations
to his
fgmily' He always gives reasons and excuses to Bernadette justio be able to
drink,

13.f
He loves spending time with his friends, women and relatives drinking
until the wee hours of the night.

14. lt was in August 2017 that Bernadette started suspecting his husband as
having an extra marital affair, He notioed changes in his behavior like always
using
his phone and not being interested to attend iamily gatherings and meeting their
common friends. There were many days that he would only stay-in the house
for three
to four days. [Most of the time, Bryan would pack his clothes and leave the house.
He
would explain that his company assigned him to work out of town, It was
only after
their separation that Bernadette discovered that he spent vacation those days
with his
mistress in different hotels/motels.

15. On the first week of September 2017 or few weeks before the birthday of
their son, Bernadette confronted his husband. lnstead of explaining, Bryan pac-ked
his belongings and left his family.

16. Bernadette started to check the social media account of Bryan, She
discovered that Bryan met a girl in Pampanga and slept with her, She confionted
him
and he admitted the affair but reasoned out that it was just a one night stand as
the
girl was leaving for ltaly already.

copies of the text messages are attached as Annexes G, G.1 series.

11

17. ln November 2017,Bryan feturned to the house where Bernadette and her
son were staying as if nothing happened" His ways were the same irresponsible,
-
uncaring, cold, aloof, and unsupportive. Since then, they started to sleep in different
rooms of the house.

18. Unknown to Bryan, Bernadette continued to observe him closely. She was
able to track her whereabouts every time he was not at home. Through google maps,
Bernadette was able to record the places he went to like motels in fne Victor Hotel
[/akati, Hotel Sogo, Sogo Grand Hotel, among others.

Copies of the of the tracking of the whereabouts of respondent will be shown,

identified and marked as Annexes F, F-1 series.

19. One night, Bryan came home severely drunk and vomiting. He eventually
passed out. Bernadette took the opportunity to check his mobile phone and was
able
to open his emails. She was trembling after she read the exchange of emails between
Bryan and the administrative assistant in his office regarding their sexual tryst and
relationship.

A copy of the email of lcka dated November 6,2012 wiil be shown , identified and
marked as Annex H

20. After reading these text messages, Bernadette confronted her husband.
She slapped him. Bryan pushed her to the door. No explanation or apologies were
made.

21. Bernadette reported the incident to Bryan's employer who disclosed to her
that the woman was a certain Ericka Ladignon Gansena, the administrative assistant
in the security agency working with Bryan. She also discovered that Bryan and his
mistress started a business together selling sacks of rice. Lamentably, the family of
Bryan was also involved in the business. She also discovered that Bryan was
depositing money to Ericka's account.

Copies of the deposit slips will be shown, identified and marked as Annexes I
and l-1.

22. Bryan subsequently confessed to Bernadette his sexual involvement with

different women while he was still a soldier assigned in lVlindanao. According to him,
this lifestyle continued as different women were given to him as "gifts" by some of the
company's clients asking favors from him. The sad part was confessing io her that he
could no longer count the women he slept with.

23. This has caused emotianal, mental and psychological sufferings to

Bernadette
{l

24. On January 2018, Bryan left his wife and son to live with his mistress,
Ericka. Recently, Bernadette discovered that Bryan has a lovechild with Ericka by the
name of Tiffany [/acy Masangkay who was born on January 29,2020.

A copy of the Certificate of Live Birth of Tiffany Macy [Vlasangkay will be shown
and marked as Annex J.

25. Bryan abandoned his wife and son. He left all the care and financial
support to their son to his wife alone. The first and last time he saw his son was on
December 25,2020.

26. After having been married for more than eleven (1 1) years, Bernadette was
distraught to learn about Bryan's infidelity and failure to discharge his marital
obligations. He was not only an alcoholic, he was also a womanizer. She cannot
endure him anymore.

27. Bernadette could not forgive her husband. She felt angry and betrayed
She trusted him but he failed her.

28. Since January 2018, the parties have separated from bed and board.
On tt/ay 2018, Bernadette and her son moved to 2 Serendra BGC when Bernadette
started working for Lazada, However during the pandemic on August 2020,
Bernadette and her son transferred their residence at 306 Asiana Building lVlayfield
Park Residences, Bgy. Rosario, Pasig City where they are currently residing.

29. Ever since the parties got married, it was Bernadette who supported all
the needs of their son and the household expenses. The cost of education of their
son is all handled by Bernadette with no contribution from Bryan.

30. There are no properties acquired during the marriage.

31. Considering the foregoing, petitioner is constrained to seek legal

separation from respondent pursuant to Article 55 of the Family Code, as amended.

Cause Action

32. The foregoing allegations are repleaded herein by reference.

33, Respondent fails to comply with Article 68 of the Family Code, as

amended. Article 68 of the Family Code, as amended, provides for one of the
essential marital obligations, Under this provision, a husband is duty-bound to love,
respect, and be faithful to his wife, to wit:

Art. 68. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render
mutual help and support.
 34, Clear from the foregoing incidents of
womanizing, abandonment,
alcoholism and habitual lying, respondent is incapable of complying with his essential
marital obligations to observe mutual love, respect and fidelity, and render mutual help
and support to petitioner.

35. lnstead of loving, caring for, and respecting his wife, respondent
consistently hurt, lied to, humiliated, and repeatedly cheated on her, in breach of his
marital obligations to petitioner. He totally abandoned his family to live with his
mistress and build a family with the latter.

36. Groundsfor legal separation exist. Under Article 55 of the Family

Code, as amended, a petition for legal separation may be filed on any of the following
grounds:

1) Repeated physical violence or grossly abusive conduct

directed against the petitioner, a common child, or a child
of the petitioner;

2) Physical violence or moral pressure to compel the petitioner to

change religious or political affiliation,

3) Attempt of respondent to corrupt or induce the petitioner, a

common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or inducement;

4) Finaljudgment sentencing the respondent to imprisonment of

more than six years, even if pardoned;

5) Drug addiction or habitual alcoholism of the respondent;

6) Lesbianism or homosexuality of the respondent;

7) Contracting by the respondent of a subsequent bigamous

marriage, whether in the Philippines or abroad;

8) Sexual infidelity or perversion;

9) Attempt by the respondent against the life of the petitioner; or

10) Abandonment of petitioner by respondent without

justifiable cause for more than one year (emphasis
supplied),

37. As sufficiently narrated by petitioner, the repeated abuses experienced

by petitioner throughout their marriage, which intensified in the last couple of years,
should be sufficient justification for their legal separation,

38. Respondent clearly was unfaithful to petitioner, No amount of excuses

can justify his habit of having sexual relationship with women and worse, abandoning

6
 his family to live with his mistress and bear a child with the latter - all while he is
married to petitioner.

The messages and email found in his cellphone are more than enough to prove
his sexual infidelity to petitioner. Those hard evidence as well as statements from
people who worked for him during those years can never go wrong.

39' Additionally, respondent hurt not only petitioner but also his son. At an
early age, his son witnessed his infidelities.

40. Respondent without any justifiable reason abandoned his family in

January 2018. He totally cut them from his life. He did not even visit nor give sufficient
supportto his wife and child. He is living with his mistress and has an illegitimate child.

41. When petitioner recently got sick, respondent did not even show any
concern or support for her, She has to endure all the sufferings and expenses by
herself.

42. ln order to protect petitioner and her son from further emotional,
psychological and emotional pain, suffering, distress and humiliation, petitioner has
no
choice but to ask for legal separation from respondent.

Custodv and Supoort

43. Since their physical separation, petitioner has maintained custody and
guidance of their son. Alexis lnigo is studying at The Learning Place Homeschool
Program, Being a minor, he is under the guidance and supervision of petitioner. He
still needs financial support from his parents.

Property Regime.

44. Petitioner's property regime with her husband is the absolute community
property. There are no properties acquired during the marriage nor brought by the
parties in the marriage.

45. Petitioner prays that the absolute community property be dissolved and
changed to complete separation of property, wherein each spouse ihall own, dispose
of, possess, administer and enjoy his cr her cwn separate estate, without need of the
consent of the other. To each sp*use shall belong all earnings from his or her
profession, business or industry and al! fruits, natural, industrial or c-ivil, due
or received
during the marriage from his or her separate property.

46' Petitioner, in compliance with Section 6 of Rule 7 of the Rules of Court

will present the following witnesses to prove the allegations in this Complaint:

46.1 Ms. Bernadette Diaz-Masangkay will prove (i) the allegations

in the Petition and (ii) identify relevant and competent evidence such as but not

1
t.

limited to documents, photographs, videos. A copy of petitioner's Judicial

Affidavit is attached as Annex K.

46.2 Ms. Maria Mae Diaz-Dy will corroborate the testimony of the
witnesses particularly respondent's abandonment, sexual infidelity and
alcoholism. A copy of her Judicial Affidavit is attached as Annex L.

46,3 Ms. Jeanette S. Pelingon who will corroborate the testimony of

the witnesses regarding the abuses, maltreatment and sexual infidelity of the
respondent, A copy of her Judicial Affidavit is attached as Annex M.

Petitioner reserves the right to present additional witnesses and documents as

trial progresses.

Re/iefs

WHEREFORE, it is respectfully prayed that this Honorable Court, after due

proceedings, render judgment as follows: (i)
Declaring the legal separation of
petitioner BERNADETTE A, DIAZ-N/IASANGKAY and respondent BRYAN V.
MASANGKAY under Article 55 of the Family Code, as amended; and (ii) Adjudicating
in the judgment all the effects provided by Article 63 of the Family Code, as amended,
as rnay be applicable to those who have been declared legally separated.

Petitioner prays for other equitable reliefs

lVlakati City for Pasig City, February 4,2022.

FORTUN NARVASA & SALAZAR

Counselfor Petitioner
23rd Floor, Multinational Bancorporation Centre
6805 Ayala Avenue, City of Makati, 1227 Philippines
Telephone N 12-8670

By:

MYLENE T. tA.c IA
PTR No. 8853348; ; tvlakati City
IBP Lifetime No, 01 ; Quezon City Chapter
Roll 38493
MCLE Compliance No. Vl l-00027 97 ; 01 -04-2021
7
VERIFICATION AND CERTIFICATION

l,BERNADETTE A. DIAZ-MASANGKAY, after having been duly sworn in

accordance with law, depose and state:

' 1. I am the petitioner in this case. I am a resident of 306 Asiana Building,

IVlayfield Park Residence, Barangay Rosario, District 2, Pasig City. I have caused the
preparation of the foregoing Petition, the factual allegations of which are true and
correct to the best of my knowledge and belief and based on existing authentic
documents made available to me.

2. The Petition is not filed to harass, cause unnecessary delay, or needlessly

increase the cost of litigation.

3, The factual allegations therein have evidentiary support or, if specifically

identified, will likewise have evidentiary support after a reasonable opportunity for
discovery,

4. My signature serves as certification of the truthfulness of the allegations in

the Petition.

5. I have not commenced any other action or proceeding involving the same
issues before the Supreme Court, the Court of Appeals, or different division thereof,
or the Regional Trial Court or any tribunal or agency, and that to the best of my
knowledge, no such action or proceeding is pending before the Supreme Court, the
Court of Appeals, or different divisions thereof, or this Court or any other tribunal or
agency,

6. Should I thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or the different divisions
thereof, or the Regional Trial Court or any tribunal or agency, I hereby undertake to
promptly inform the aforementioned courts and this Honorable Court within five (5)
calendar days from knowledge thereof.

BERNADETTE A, GKAY

SUBSCRIBED AND SWORN to before me this 4tn day of February 2022,affiant

exhibiting to me her Passport No. P7932509B issued on October 20,2021expiring on
October 19,2031, issued at DFA, [Vla nila.

\.\ ' Doc. I'lo. 9l ;

REV o. M,*.cAYSAY
Page r,Jc._l$ ; notary'pfi6tic of Makati
Book No. lL ; Appointment No. M-317
Commlssion until December 31,2072
Series at 2022.
Roll of Attorneys No. 73548
PTR No. 8853360; 01-03"2022; Makati City
IBP No. 170417',12-15-?021, Makati City Chapter
t
23td Multinational Bancorporation Centre
0805 Ayala Avenus. Makati City

9
o

SWORN STATEMENT

l, Atty. Mylene T. Marcia-creencia, of legal age and with office address al23
Etoertt/u lti n ational Bancorporation, Ayal a Avenue, Makati City have personally verified
petitioner's residency and that petitioner had been residing at 306 Asiana Building,
lVlayfield Park Residence, Barangay Rosa rio, District 2, P at least six (6)
months prior to the filing of the Petition in compliance wi 63-2019,

Mylene T. ree ia

SUBSGRIBED AND SWO RN to before me this 4tn day ofF ary 2022, affiant
exhibiting to me her IBP Lifetime No. 02053; 01 City Chapter

Doc lrio, 9L-;

\) Page i{c. Jf-;
Book No. ft-; REv o.ffiocAYSAY
NotarirlPuttic ol Makati
Series of 2022.
APPointment No. M'317
Commlssibn until CIecember 31,20t2
Roll of Atiorneys No. 73548
PTR No. 8853360; 01-03-2022; Makati City
IBP No. flAlfi:12'15'?021; Makati City Chapter
23Id F Multinational Bancorporation Centre
6805 Ayala Avenue, l',takati CitY
{ RHPIIBLIC OF T'tr{E I&ffiLIPPINES
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CLEAR ANCE
IS To CERilFY tlrat acffrdins to our recordsL
I"to-lNIs. BERN{ADETTE D. IV{ASAT{GKAY 4l y'earB of age,
whose signature appears below is a residerrt of
Uh{IT 306 3/F ASIANA BLDG MAYFIELD PARK
Rosario, P*ig City-

This dearane is issne d upon the request of hdr-/N[s-

BERI{I\DETTE D. MASANGK"{Y rhis 2Be dav o1 iil[RcH Zffn
for the pqpose of PRooF oF RESDENCY II-EGAL SEPA,RATION REeI

This demmrce is valid for thiry (Bo) days only from dab hereof.

S. DEI.A SR.
Punong Barangay

Signature of

Res-Cert-Xrlo.: IssualOn:
Plaaelssued
Vnteds ID lNIo-

NOT* Not Vialidwithout Barmgan OfEdan Sean_

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LE.ASE COIT.]rRACT

KNOE ALL MTN BY TTIESE PRHEilTS:

This CONTRACT OF LEASE is made and execut-ed at the City of Pasig, this da5' sf

O1 August 2O2O, bY and between:

Ma. Lourdes pafusung; of legal age, Filipino, and wittr residence and postal atldress
at 17 Rodeo St. Rancho Estate 2, Coneeption 2, Marikina Cit5r, hereinafter referred to as
the LESSOR-
Ai{D _

Berrradette n- trtrlasaagfay, of legal age, Filipino, hereinafter referred to a's tJ:e LESSEE'

WTI1CESSETH

WHEREAS, the LESSOR is the orilner of THE LtrASED PREMISES, a residential

condominium property situated at 306 A.siana Building, lfiayEl€d Park Resirleo.ces, Felix
Ave, Bgr Rmrin, Pasigcity-

WHEREAS, the LESS(IR agrees to lease-out tl.e proper$r to tJee LESSEE anr:[ the LES'SEtr
is willing to lease t}.e sa.me;

NOW TIIEREF€|R.E, for and in clnsideration of the foregoing premises, the

I.ESSORleases
unto the LESSEE and the LESSEE hereby aecepts from tlee LESSOR the LEASED premises'
subject to the foUowing:

TERMSAITD CONDITIOITS

1. PURPOSES: That premises hereby leased shall be used exclusively by the I'ESSEE
for
expressly agreed
residential purposes oiy and strall not be diverted to other uses. It is hereby
that if at any time the piemises are used. for otleer purpose-s, the LESSOR shall have tJre
right
to rescind. this contract without prejudice to its other rights under the law'
the
2. TURNOVER OF. IIIIIT. That t].e LESSEE has aecording\r inspeeted and dulyaccepted in
subject premises as srlch, and trereby acknowledge tl' e possession of the leastrl premises
gool, and tenantable condition herrceforth, the LESSEE shall take frrll responsibilit5r of
"G.., and strall tre responsitrle for the ordinar5r wear and tear.
Ih" pr"*is"s
2. TERM: This term of lease is for 3 YEARS from August 2O2O to July 2023- Upon its
expiration, ttris lease may be renewed urrder slch terrns and conditions as may tre mutually
uporr by both partes, with the notice of intention to rerrew the lease ber served to the
^S."*d
LESSOR not later tht seven (7) days prior to the expiry date of the period herein
agreed
upon.

3. RENTAL RATg The monthly rerrtal rate for the leased premises shall be in PHILIPPINE
pESOS: Teo Tho.*nd (;rh1r iO,OOO-OOI All rental paymerrts strall be payable to ttre
LESSORthrough post-dated checks dated at the end 9f pach rnoath.
l_i I

4. DEP(EIT: That upon signing of this contract, the LESSEE shall pay orr.e 1gonth advance
rental pa5iment of PhP lOr(XXI-oo and deposit equivalent to one
{f} month of t}re rent agreed
or the s,m of PhP lo,(xx).oo for the duration of this contract- \[/herein, the one (r) month
will serve as deposit to cover for any necessarjr repairs needed to the LEASED PREMISES
and any other obligations, for utilities such as Water and Electricity after t1.e end of ttris
contract- In tlre event that the LESSEE deci<les to terminate this contract before the
expiration date, the deposit will be forfeited in favor of the LESSOR

5. DEFAULT PAYMEIIIT: In e-ase of default by t}.e LESSEE in the pa5rment of the rent, the
LESSOR at its option may terminate this conhact and eject the LEbSaE. The LESSoR
has
the riglrt to padlock the premises when the LESSEII is in default of pa5anent for TWo (2)
WEEKS and may forfeit whatever deposit or advances tl at have been givln by the LESSEE_

6" SUB-LEASB The LESSEE shall not directJy or indirect\r sublet, ailow or permit ttre
leased pr:em.ises to he occupied irr whole or in part by auy persorr, forrn or c,orpor,ation, neither
shall the LESSEE assign its rights hereunder to any oth., p"r*on or entity arld no right of
interest drereto or ttterein shall be conferred on or vesterl in arryone by the LESiSEE without
the LESSOR'S written approval.

?. PUBLIC UTILITIN: The LESSEE shatl pay for its telephone, electricit5r, calrle TV, warer,
internet, and other putrlic services and ufilities as well as the association ducs during the
duration of the lea.se. With ttris, the LESSEE is be able to enjoy the benefits of a Mayfield
Park Residerrces Condominium homeowner such ais use of swimming pool antl orlher corrlmon
areas-

a. PROHIBITED ACTS/SIIBSIAI$C6- Domesticared anirnals may be raised try.the LESSEE

prglded that they will ensure that the animal urill not carse arry harm or disturrbanee to the
neighborhood- Combrrstible, explosive or highly flarn6261* sutrstances; any contraband or
prohibited articles must not be brought, kept and stored on the leased premises. The LESStrE
agrees not to engage in or tolerate in the leased premises an5r form of garnbLing, drug
addiction, intoxication, other form of vices, it treing expressly agreed that the LESSEE shall
complyw'ith all t]1e laws, ordig€mces and decrees of the Philippine govenurent- The LESSEE
shall tre liable for any dar"sgsswhich the LESSOR may incur Oyieason of ttre violation of
this condition-
9. FORCE MA.IEURE: If whole or arry part of the leased premises shall be destroyed or
damaged by fire" flood, lightning, t5phoon, earthquake, storm, riot or any other unforeseen
disabling cause or Acts of God, as to rerrder the leased premises during the term :substantially
unfit for use and oecuPation of the LESSEE, then this lease contract rnay tr,e terminated
without compensation by the LESSOR or by the LESSEE by notice in urriting to the other-

1(}- LNSOR'S RIGHT OF EIIITRY: The LESSOR or its authorized agent strall, after giving
due notice to the LESSEE, shall have tJle right to enter tlle premisesin the presence of ihe
LESSEE or its representative at arry reasonable hour to examine the same or rnake repairs
therein or for the operatios and mairetenance of the building or to erhibit the lea;sed premises
to prospective LESSEE, or for any otJrer lawfrrl pu{poses which it may deem ner:essar5r-

lL. EfPIRAfiOIt OF LEASEr At the eq>iration of fhe term of dris lease or cancellatioa
thereof, as herein provided, tl.e LESSEE wilt pronnptly deliver to the LESSOR the leased
premises with all corresponding k€ys and in as good and tenable condition as the same is
now, ordinarJr wear and tear expected, devoid of all occrrpants, movahle furrrirhrre, articles
and effects of any kind.
il t

12. E)fTEItTIOil OF LEA"SE: This Contract of Lease may be renevred uporr the mutual
agreement of trotle parties upon the terms and conditions tleat mqybe agreed rrpon between
them.

13- JUDICIAL RE[,IEfit Should any one of the parties herein be compelled to, seek judicial
relief against the other, the losing party shall pay an amount of One I'Iundred Percent i1O0
7{ of the arnount daimed in the complaint as attorney's fees which shall in no case be less
than PSO,OOO.OO pesos in addition to other cost and damages which the said part5r miry be
entitled to under the law.

13. This CONffiACT OF LEASE shall tre valid and binding between tJre parties, their
successors-in*interest and assigns.

IN WTIHESS YIIEREOF, parties herein affixed ttreir signatures on the date and place above
written"

tl',r'4-l
LESSEE

ACKITOWLEDGEMENT
Republic of tlle Philippines)
) S.S

BEFORE ME, personally appeared:

Narne ID ltumber Validiity

Known to me and to me known to be the sanne persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntar5z:act and deed.

This instrument consisting of _3_ page/s, including the page on which this acknowledgement
is written, ha.sbeen signed on each and every page thereof by the concerned par-ties and their
witnesses, and sealed with my notarial seal-

WITNESS My IIAND AND SEAL, on the date and place frrst above written

N
otary Public

Doc. No._;
Pase No. :
Book No._;
Series of 2O_.
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY
Branch

Family Court

BERNADETTE A. DIAZ.MASANGKAY,
Petitioner,

-VETSUS- Civil Case No.

For: Legal Separation

BRYAN V. MASANGKAY,
Respondent.
x

JUDIGIAL AFFIDAVIT

PURPOSES: The testimony of BERNADETTE A. DIAZ.MASANGKAY is being

offered to prove:

A. The marriage of petitioner and respondent;

B, The repeated grossly abusive behavior and sexual infidelity of respondent;
C. Respondent abandoned his family to live with his mistress and illegitimate
child;
D. No properties were brought to the marriage nor acquired during the
marriage;
E, The petitioner and their son suffered from the abuses, and sexual infidelity
of the respondent;
F. The allegations in the Petition; and
G. ldentify the relevant and competent evidence in relation to the Petition,

I, BERNADETTE A. DIAZ-MASANGKAY, of legal age and with address at 3 , 306

Asiana Bldg., Mayfield Park Residences, Brgy. Rosario, Pasig City, subscribing under
oath, depose and state the following in answer to the questions asked by Atty. tMylene
M. Creencia, with Attorney's Roll No, 38493 of Fortun Narvasa & Salazar, with address
at Multinational Bancorporation Centre, 6805 Ayala Avenue, lVlakati City, where my
testimony as set forth below was taken, fully conscious that I am doing so under oath
and that I may face crirninal liability for false testimony or perjury, as follows:

1. Q: Are you the same Bernadette A" Diaz-lVlasangkay, who is the petitioner
in this case?
A: Yes, ma'am.

2. Q: What is your proof that you are residing in Pasig?

 A: I have a residence certificate from our Barangay, my Lease Contract
and House Location Sketch, ma'am.

Q: How long have you been renting the property?

A: I have been residing in Pasig for more than one (1) year, ma'am, since
August 2020

(Copies of the Barangay Cerlificate, House Location Sketch, and Lease Contractwitlbe
shown, identified and marked as Exhibits A, B and C, respectively)

3. Q: What is your relation, if any, to respondent Bryan V. tvlasangkay in this

case?
A: Bryan is my husband.

Q: What proof do you have cf that?

A: I have a copy of our rnarriage contract.

(A copy of the h/larriage Contract will be shown, identified and marked as Exhibit D)

4 Q: How many children, if any, were born to you and respondent?

A: We only have one child, Alexis lnigo D, ft/asangkay.

Q: When was Alexis born?

A: He was born on September 19,2AM

5. Q: Where is Alexis living with?

A: From the tirne Bryan abandoned us in 2018, ourson Alexis stays with
me and is under my care and protection,

Q: What proof do you have of his birth?

A: I have a copy of his birth certificate, ma'am

(A copy of the Certificate of Live Birlh of Alexis lnigo D. lrlasangkay witt be identified,
shown and marked as Exhibits E)

6. Q: What is your educational attainment and your current occupation?

A: I graduated with a degree of Chemical Engineering from the University
of the Philippines, I am currently working as AVP - Procurement for PLDT, lnc.

7. Q: What happened after your graduation in college?

A: After graduation, I worked in [Vlanila Water as one of their fi/anagers. I

was able to support my mother and siblings with my income.

8. Q: How and when did you meet your husband, Bryan?

A: I met Bryan sometime rn September 2006. He was introduced to me by
a common friend.

9. Q: Please describe Bryan after you met him?

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A: I was four years older than him, He was still a cadet at the Philippine
Military Academy (PMA).

10. Q: What happened, if any, after your meeting with Bryan?

A: As he was based in Baguio and I was based in Manila, courtship was
through telephone calls and text messages only. After four months, we became
sweethearts,

11. Q: Can you please describe your relationship as girlfriend and boyfriend?
A: Nothing changed ma'am. Our relationship was long distance especially
when he was assigned in the different parts in Mindanao after his graduation.

12. Q: When did you decide to get married?

A: After being steady for four years and when I was at the United Kingdom
for a six-month project-based assignment, Bryan and I agreed to get married.

13. Q: Briefly tell us the wedding preparations, if any?

A: Since I was the one earning more, the engagement ring was paid using
my credit card. I also paid all the expenses for the wedding. His only contribution was
the discounts we got for using the AFP facilities.

14. Q: What happened, if any, after your wedding?

A: I moved out from my sister's house and rented an apartment within the
village where my family lives. Bryan was assigned again in Mindanao.

15. Q: Please describe to the Honorable Court your married life with Bryan
atter vo;1*tTI?i.ok
back, my married tife was not a partnership. I was teft atone
to take care of and support myself. lt was a life full of heartaches and disappointments.
I discovered that I married a chronic liar, irresponsible man, womanizer and an
alcoholic person.

16. Q: What made you say that your married life was not a partnership?
A: I was always alone to deal with my problems. I never felt any support
from Bryan. He was always out in the important events of my life. I had to handle all
my sadness, fears and problems by myself. Even if he knew that I was suffering, there
was no effort on his part to lessen my burden. I understand his work but I expected
that in times that I am lonely or with problems, he would text or call me. He never did
that, ma'am.

17. Q: What made you say that you were left alone to take care and support
yourself?
A:
I

I was managing our house all by myself. I was dealing with so much
stress especially when we were trying to conceive a child with no success. I would
always call him to consult him and discuss our plans but he was often not available.
He simply does not care,
F

18. Q: What made you say that he was out in the important events of your life?
Cite instances,
A: Being based in Mindanao, I could understand when he was unable to
attend birthdays and anniversaries when he was away. However when he moved to
Manila and was already working in the private sector, his behaviour of being absent in
family affairs and major events such as birthdays and anniversaries still persisted.

18. Q: What made you sa) that your life urth him was full of heartaches and
disappointments? Cite instances.
A: We would always fight about schedules and plans not happening because
of his unavailability, He would argue with me that his nature of work demands his priory
in schedule. Later on, I realized that while he was not available for his family, he was
more than happy to spend time with his women.

19. Q: How was Bryan as a father to your son?

A: When our son was born, he first appeared like an attentive father but
when our son reached three (3) years old, he hardly spends time with him. He was
always away and when he is at home, he does not play or talk to him and would rather
be on his phone the whole time. He had no plans to spend his weekends with me and
his son.

20. Q: What made you say that Bryan is a chronicliar?

A: He would always say that he's out of town and working when later on I

would find out that he's just on some motel and in the company of women he dates.

21. Q: You mentioned that Bryan is a PMA graduate. Is he still in the military?
A: He Ieft the military in 2013 and worked as a Security Manager in Ayala
Land, lnc

22. Q: What happened to your relationship as husband and wife, if any, after
Bryan left the military?
A: The relationship became worse after he left the military. He was at first
adjusting to his new work in the private sector which made him really stressed. He got
sick with an auto-immune disease triggered by his stress and I had to take care of hinr
while I was pregnant with our first child.

When he was already adjusted with his new life, he went back to his old lifestyle
of drinking and womanizing. He confessed this to me when he was about to leave me
and his son on December 2017.

23. Q: While living with your husband, what did you discover about him, if any?
A: I came to know his true colors. He is a very irresponsible husband and
father. He is a womanizer. He has no love and care for us,

24. Q: What made you say that he is an irresponsible husband?

A: He remains detached to us, He never shared in the household chores.
All he does when at home was to use his phone. When he was in the military, I tried
to understand why he could not stay with us but when he left the service, there was
 no effort on his part to make up for the lost time. Worse, my husband is also an
alcoholic.

25. Q: Who paid for the household expenses?

A: I paid all our household needs, ma'am. He never contributed to the
household expenses.

26. Q: lf that is the case, where does his income go?

A: His earnings were all for himself.... for his clothes, gadgets and out of
f
town trips. ln fact, support from his own parents were taken from my earnings. There
were few instances that he contributed to the household expenses but the majority of
his income still goes to his personal expenses and for supportof his parents.

27. Q: Why would support for his parents come from you?
A: At that time, all his earnings are just enough to cover for his personal
expenses. He was already stressed out with his family's financial problems.

28. Q: What about during weekends or when Bryan has no work. What do you
do, if any, as a family?
A: Most of his weekends were out of town, He tells me that his trips were
"work-related".

29. Q: What made you say that Bryan is an alcoholic?

A: Bryan always drinks alcohol. lt is like water for him. He would drink
until the wee hours of the night. He always finds reasons to drink, ma'am.

30. Q: What happens when he is drunk, if any?

A: We would argue a lot. He does not want me to call his attention
regarding his drinking. lVost of the time, Bryan would come home late intoxicated with
alcohol.

31. Q: What was the effect on your marriage, if any, as regards Bryan being
an alcoholic?
A: lt was stressful. He prioritizes his drinking with his friends, women and
relatives than bonding with his child or attending social events with us. There were
many occasions that he missed the events because has was not home or he was
drunk or he was still sleeping.

32. Q: What was your reaction if Bryan would always go out of town especially
during weekends?
A: At first, I thought it was really work but when I noticed the frequency of
his out of town trips and his suspicious behavior, I started to suspect that he might be
fooling around.

33. Q: Please explain the behavior of Bryan which according to you is

suspicious?
A: He would always pack in so much clothes when he leaves but when he
comes home he's always missing some of his clothes. He even lost his wedding ring
at one point. There were days that he would only stay in the house for three to four
days, Ihe rest of the week were his out-of-town trips.

34. Q: What did you do, if any?

A: I confronted Bryan few days before the birthday of our son.

35 Q: What did Bryan say, if any?

A: He ignored me. He packed his bag and left the house for days,

36. Q: How did you feel?

A: I was infuriated especially that he knew that our son would celebrate his
birthday. On our son's birthday, Bryan showed up with his family. He got drunk after
the birthday party and we again had a confrontation.

37 , Q: What did you do, if any?

A: Since I could not get any information from Bryan, I checked his FB (Face
Book) account, lt was there that my suspicions were confirmed.

38 Q: When was this?

A: This was after the birthday of our son, sometime in September 2017

39 Q: What did you discover, if any?

A: I discovered that in Pampanga, he met a girl and they slept together

40 Q: What did you do, if any?

A: I again confronted my husband,

41. Q: What did he say, if any?

A: He said that it was just a one night stand as the woman was already
leaving for ltaly.

42. Q: What else happened, if any?

A: There was a time that Bryan came home so drunk that he was already
vomiting and passed out, I took that chance to check her cellphone and I was able to
open his messages. I saw a text message from a certain Chi Mendez, I texted the
girl and pretended to be Bryan.

43. o Why did you do that?

A: I wanted to know if the girl had sexual relationship with my husband,
ma am

44. Q: What did you find out, if any?

A: I discovered that Bryan and Chi Mendez had sex, ma'am

45. o What is your proof?

A: I have a print-out of the text messages.

46. o Where did you get this?

 A: From Bryan's phone, ma'am

(Copies of the fexf messages are attached as Exhibits G, G.1 series)

47. Q: What did you do after you received/saw these messages of Chi, if any?
A: I confronted Bryan. At this time we were already sleeping in separate
rooms in our house. I showed him the conversation.

48. Q: What was his reply or reaction, if any?

A: He got mad because I used his Facebook account. He eventually
admitted to me that he had a relationship with this girl. During this time he also said
that the relationship was over since Chi was already leaving for ltaly.

49. Q: What happened, if any, after the confrontation?

A: We fought that night and he told me he wants to end the marriage
because he does not love me anymore.

50 Q: How did you feel, if any?

A: lwas devastated.

51. Q: After Bryan left the house, what happened next, if any?
A: He returned to our house in November 2017. No explanation was given
to me. He continued his old ways and behavior.

52. Q: What did you do, if any?

A: Because of what I discovered, I became more observant. Unknown to
Bryan, I was able to track down his whereabouts everytime he was not at home,

53. Q: What did you find out, if any?

A: Through google maps, I would know that he went to motels in Sogo
Hotel, The Victor Hotel in [Vakati, Sogo Grand Hotel, contrary to what he tells me.

54. Q: Describe how were you able to track the whereabouts of Bryan in detail?
A: During this period, Bryan's GPS in his google map was turned on and I
was able to see these places he went to because these were registered as places he
visited. I had access to his google account back then via his iPad which he leaves at
home whenever he travels. I discovered this via accident when he has been away for
a week and I was suspecting he was not really doing his regular field work as he told
me.

55. Q: What did you do, every time you would discover this misrepresentation,
if any?
A: I would always confront him and I would ask him to admit what he did.
He tell me that l'm just suspicious and I have no basis for my accusations.

56. Q: What is your proof?

 A: track his whereabouts through google map of my old iPad
I was able to
which was linked to his account.

57. Q: Please explain.

A: Through google map which is linked to his mobile phone, I learned that
on September 9 & 10,2017, he checked-in at Victoria Hotel in Makati contrary to his
allegation that he went on an out of town trip due to his work. I also discovered that
sometime on October 27, November 3 & B, 2017, Brian checked in at Sogo Grand
Hotel. 0n November 10, 2017, Bryan checked in at The Victor Hotel in Makati.

(Copies of the tracking of the whereaboufs of respo ndent will be shown, identified and
marked as Exhibits F, F-1 series)

58. Q: Describe how were you able to track the whereabouts of Bryan?
A: I recall that Bryan was out of rown for a week. While he was away on these
so called work trips, I would usually call him before my son and I go to bed. I recall calling
him the night and he informed me that he was already in Pampanga. After briefly talking
to him on the phone, ljust had a feeling that he was not telling me the truth.

59. Q: What did you do next, if any?

A: I had to call him again and his phone was already out of reach. I started to
become restless. I started to check his things around the house and that was when I saw
his iPad that was left at home. I know the password and checked his google map timeline
for the last week.

60. Q: What did you discover, if any?

A: I saw the places he's been during the time he was not home. I was so
surprised to learn that he was checking in motels in Manila during the days that he told
me he was already in the provinces.

61. Q: What is so unusual with this?

A: When he is assigned to work outside [\4etro Manila, his employer, Ayala
Land provides a place for his to stay not in Sogo Hotel or Victor Hotel tVlakati, ma'am.

62. Q: What did you do, if any, after you discovered this, if any?
A: After having found out that night that he's been lying to me the entire week,
I kept on calling him until I was able to contact him. I was able to call him after several
hours of trying to call. I asked him where he was and he told me that he was still in
Pampanga. I told him that I already know about his affair and where he has been for days.
I told him to come home that night so we can talk.

63. o What did he do, if any?

A, After a few hours, he came home.

64. Q: What happened next, if any?

A: We had a fight. I confronted him and was asked him to admit to me that he
has another woman. I also tried to get him to confess who this other woman was.

65. Q: What was his reply, if any?

 A: He denied at first but admitted having an affair. He confessed that he is in
love with another woman but he refused"to tell me who it was.

66. Q: What was your reaction, if any?

A: I was so mad and profusely crying during the confrontation. He eventually
left the house again after a few hours. I never found out who the girls was that night but
eventually I discovered who was with him after I read the e-mail of this girl to him a few
days after.

67. Q: Who was with Bryan?

A: I learned later on from Bryan himself that during that time, Ericka Ladignon
Gansena was with him and was travellihg with him during niJ trips and was staying with
him while he was in the motels.

68. Q: What else did you discover, if any?

A: I also saw an email message to Bryan from a certain "lcka" using their
office email accounts in the office and confirming their affair and sexual relationship. I
had a feeling that this lcka is his officemate. I realized that this was sent around the
time when he was not home and I saw his whereabouts via google map. I was able to
confirm that Ericka or lcka was the girl she was having an affair with that he was not
admitting to me.

69. Q: How and when did you discover it?

A: I saw it when he came home drunk and was vomiting all over the
house. He left his phone open. When he fell asleep, I was able to open and read the
messages. The email was sent by Ericka to his email address which was accessible
in his cellphone, ma'am.

Q: What is your proof?

A: I photocopied the email, ma'am

(A copy of the email of lcka dated November 6, 2017 will be shown, identified and
marked as Exhibit H)

70. Q: How did you feel, if any?

A: I was devastated. I had a gut feeling about his relationship with this girl
and asked him before about it. He denied it and even made me apologize to the girl
for my accusation.

71. Q: What did you do next, if any?

A: I confronted him immediately after I read the message. The argument
became physical. I slapped him and he pushed me to the door. I was shaking him
and yelling at him and this woke up our son who was sleeping beside him. I called the
yaya so she can transfer my son to another bedroom, When my son was taken out of
the room, we had a fight.

72 o: How did it end?

A: Bryan left the house with no explanation and apologies
F
73. Q: What did you do next after you discovered the sexual relationship of Bryan
with his officemate? d

A: I reported the incident to his employer when I realized the extent of their
relationship. I came to know that lcka is Ericka Ladignon Gansena, the administrative
assistant in the security agency assigned to him in the real estate company where
Bryan is working. I contacted then Col. Hizon who was Bryan's boss in Ayala Land. I
fonruarded the email to him and informed them of their affair. I was planning to file a
case against the Bryan and Ericka with Ayala Land's HR team but Col. Hizon assured
me that he will dismiss or reassign Ericka to another branch to put an end to the
affair. Thereafter, I also learned that Bryan was sending money to Ericka.

74. Q: How did you discover that Bryan was sending money to Ericka?
A: I saw deposits of Bryan to the account of Erika L. Gansena in the
amounts of P13,000.00 and P1,000.00.

Q: What is your proof?

A: I have with me copies of the deposit slips

(Copr'es of the deposit slips will be shown, identified and marked as Exhibits I and l.
1)

75. Q: What did you do next, if any?

A: Bryan finally confessed to me all his sexual indiscretions. He admitted to
me that while he was still in the military service, he had several sexual affairs with
different women. According to him, his thirst for women continued even after he left
the military. [t/ost women he got involved with were gifts from other people asking
favors from him.

76. Q: What was your reaction after you came to know this, if any?
A: I could not forgive him. I felt betrayed and used by him. I never thought
that he would do these things to me,

77. Q: Bryan's alcoholism, his lack of care and support as a husband and father
as well as his illicit relationship with different women, what was the effect on you and
your son, if any?
A: I developed anxiety and my weight dropped significantly. I was not able to
focus on work as I was losing sleep. Even my relationship with my son at first has been
affected. I would be very upset over small things and I would lose my patience. I was
advised by my friends and family to consult a doctor for my anxiety after what
happened. Even my son has been affected. He was having nightmares and at several
times he woke up crying from trauma. lt was a difficult time for our son.

78. Q: After you came to know this, what happened to your relationship if any?
A: On January 2018, Bryan left me and our son for good to live with his
mistress, Ericka. Recently, I discovered that Bryan has a lovechild with Ericka by the
name of Tiffany [Vlacy Claire G. lvlasangkay who was born on 29 January 2020.
(A copy of the Cefiificate of Live Birth of Tiffany A/lacy lrlasangkay will be shown and
marked as Exhibit J)

79. Q: From the time that Bryan left you in 2018, who supported you and your
son?
A: I have been supporting my son ever since my husband left.
80. Q: Describe your relationship with Bryan after he left you?
A: We never talk to each other. I though that he intends to still have a
relationship with our son because he was insisting at first for him to be given visitation
rights and access to him. However when he left the house, he very rarely visited.
Thereafter he never checked on and even tried to visit his son.

B'1. Q: When was the last time you had communication with Bryan?
A: He last visited our son on September 14,2021 in the apartment where we
now stay. This was during my son's 7th birthday, Before that, he visited in December
25,2020. He never visited or even greeted my son last Christmas and New Year.

82. Q: What did you talk about, if any?

A: He just asked about where our son goes to school. He was obviously not
interested because he never checked upon him since then.

83, Q: What properties did you acquired prior and during the marriage?
A: I have no properties before we got married nor have we acquired any
property during our marriage.

84. Q: Describe Bryan's relationship with your son after he left you?
A: They have no more relationship. He does not check up on my son and my
son already thinks he's a stranger.

85. Q: What was the effect on your son after Bryan left you, if any?
A: I know that my son was traumatised during the difficult times before we
finally separated. He became sickly and was not performing well in schoo. He was
also cranky and exhibits separation anxiety initially. I was advised by my family to
consult a psychologist for treatment both for me and my son following the separation.

86. Q: Why did you file this case?

A: Iwant to purchase properties in the future and by doing this I do not want
him to take part in my assets as he has illegitimate child already, I do not want him to
succeed to my estate if I die. I have learned that from the time we got married, there
was no partnership between us. I may be married but the truth is I was still single as
I handled everything by myself without any help or support from Bryan. lf there is only
one thing he did right is to give me my son. All he gave were heartaches and
sufferings.

87. Q: What do you ask the Honorable Courtto give you by filing this Petition?
n i

A: I hope the Honorable Court will grant this separation ma'am and award the
custody of my minor son to me. After years of abuse and infidelities, I felt that need
to get back my honor and respect to my being into freeing myself from Bryan.

I say nothing further.

Bernadette Di az- Masagkay

SUBSCRIBED AND SWORN to before me this 4tn day of February 2022, affiant
exhibiting to me her Passport No. P7932509B issu ed on October 20,N1expiring on
October 19,2031issued at DFA, Manila.
REV o. dffincAysAy
Notar/ fuOlic of Makati
Doc. No. Y, :
Appointment No. M-31i
page No.
goot No
lL; Commlssion until Decemb er 31, 2022
Roll of Attorneys No. 73548
n_, __PTR No. 8853360',01-$-2A22; Makati City
Series of 2A22. IBP No. 170417',12-15-2021; Makati City Chdpter
.1.'
\'..'- 23rd F Multinational Bancorporation Centre
6805 Ayala Avenue, Makari City
CERTIFICATION
l, Atty. Mylene T. Marcia-Creencia, of legal age and with office address at
Fortun Narvasa & Salazar Law Offices located at 23,d Floor, tVlultinational
Bancorpora2ion Centre, Ayala Avenue, tt/akati City and in compliance with SC A.M.
No. 12-8-8-SC and certify the following:

1. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the witness gave;

2. Neither she or any other person then p isting her coached

the witness regarding the latter's answers

Mylene T ia-Creencia

SUBSCRIBED AND SWORN to before me, this 4tn d February 2022 in

lVakati City, by the affiant who is known to me to e person who executed
, tfte foregoing certification exhibiting her IBP No. 02053, Lifetime, Quezon City
'. elliry'
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sORiiJt'l

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY
Branch

Family Court

BERNADETTE A. DIAZ-MASANG KAY,

Petitioner,

-versus- Civil Case No.

For: Legal Separation

BRYAN V. MASANGKAY,
Respondent.
X

JUDICIAL AFFIDAVIT

PURPOSES: The testimony of MARIA MAE DIAZ.DY is being offered to prove:

A. fhe marriage of petitioner and respondent;

B. Ihe sexual infidelity of respondent;
C. Respondent abandoned his family to live with his mistress and illegitimate
ch td;
D. The petitioner and their son suffered from the abuses, and sexual infidelity
of the respondent; and
E. Corroborate the testimony of the petitioner

l, MARIA MAE DIAZ-DY, of legal age and with address at 209 Asiana Building,
Mayfield Park Residences, Felix Ave. Rosario, Pasig City, subscribing under oath,
depose and state the following in answer to the questions asked by Atty. IVylene M,
Creencia, with Attorney's Roll No, 38493 of Fortun Narvasa & Salazar, with address
at t\/ultinational Bancorporation Centre, 6805 Ayala Avenue, Makati City, where my
testimony as set forth below was taken, fully conscious that I am doing so under oath
and that I may face criminal liability for false testimony or perjury, as follows:

1. Q: Do you know [/s. Bernadette A. Diaz-lVlasangkay (Bernadette), who is the

petitioner in this case?
A: Yes, ma'am.
o Why do you know her?
A: She is my younger sister

2 0 Do you know the respondent, [Vlr. Bryan V. Masangkay (Bryan)?

A: Yes ma'am
 Q: What is his relationship wtth you, if any?
A: He is my brother-in-law b.eing married to my sister, Bernadette

3 Q: Since when have You known BrYan?

A: I came to know him in 2007 when my sister introduced him to the family
when he visited the family residence after his graduation at the Philippine
tr/ilitary Academy in, They were already in a relationship at that time.

4, Q: What can you say about Bryan's relationship with your sister, if any?
A: lt was a long-distance love affair. My sister was working in Manila while
Bryan was assigned to Mindanao, tVly sister was 4 years older than Bryan'
Bernadette who is ang engineer was already working at Manila Water and had
stable income while Bryan was a newly graduate military man. lt was my sister
who provided Bryan of his needs at that time. lt was my sister who shouldered
most of their wedding expenses given the significant difference in financial
capacity at the time.

5 Q: How would you describe your relationship with your sister?

A: tVly sister and I are close. Even when we both got married, we made it
a point to communicate with each other.

6. Q: When did Bryan and your sister get married?

A: They got married on April 24,2010, ma'am.
T. Q: How would you describe their relationship as husband and wife after
they got married, if you know?
A: Their relationship was long distance. My sister was worried everytime
she would learn that Bryan had an encounter with the NPAs, There were times
that we needed to bring her to the hospital due to severe anxiety. lt was in
2013 that Bryan filed an early retirement from the military. With the help of
Bernadette, Bryan got a job as part of the corporate security of Ayala Land.

8. Q: How would you describe their relationship after Bryan's retirement?

A: Bryan was always out. lnstead of spending the weekend with his family,
he was always on "out of town" trips, tr/y sister eventually disclosed to me that
he caught Bryan having sexual relationships with different women, the last was
his offiiemate and that his so called "out of town" trips were not work related
but he was having a good time with his women. She even showed me proofs
of his affair and told me the lies of Bryan to her'

g. e: What did you do, if any, after you were informed about Bryan's illicit
relationships with other women?
A: I started to recall the behaviors of Bryan that I observed.
Q: What were these?
A: Every time we had gatherings, Bryan became detached from us' He
was always with his cellphone. There was also a time that he Ieft us -
Bernadette's relatives in their house just to play basketball with his friends. He
 became disengaged and started ignoring his nephews and nieces.

10. Q: What happened, if any, after Bernadette discovered the illicit

relationship with other women?
A: [t/y sister was so stressed that her weight dropped. She was unhappy
and anxious, They eventually separated in 2018 after Bryan abandoned his
family and lived with his mistress.

11 Q: You mentioned that Bryan and Bernadette have a child. Who is

supporting their son, lfrigo, if you know?
A: My sister was the only performing parental duties for Inigo, Bryan has
been absent since 2018. He rarely visits his son, There was no emotional
connection with his father as well,

I say nothing further

DIAZ-DY

SUBSCRIBED AND SWORN to before me this 4th day of February 2022,affiant

exhibiting to me her Passport No. P4479792A issued on September 23,2017 expiring
.,.,', ,'re(ssptember 22,2022 atDFA NCR Northeast, 0 '

I *:' i
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Paoe No. ,
REV o|JffiocAysAy
Notaryf PL$lic of Makati

'BoSJ c,*,,l,lffi'['frfB.T:,H;?'{,, r0,

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Selie5.)0f2022.
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Roll of Attorneys No. 73548
PTR No. 8853360; 01-03-2022; Makati City

J',f;i1il,iiljiex1l,$iiil* [,?l]T,.,
GERTIFICATION fiysfs Avenue. Makati City

l, Atty. Mylene T. Marcia-Creencia, of legal age and with office address at

Fortun Narvasa & Salazar Law Offices located at 23,d Floor, Multinational
Bancorporation Centre, Ayala Avenue, Makati City and in compliance with SC A.M.
No. 12-B-B-SC and certify the following:

1. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the witness gave;

2. Neither she or any other person then p resent ng her coached

the witness regarding the latte/s answers.

reen

SUBSCRIBED AND SWORN to before me, of February 2022 in

I\4akati City, by the affiant who is known to me to be the same person who executed
the foregoing certification exhibiting her IBP No. 02053, Lifetime, Quezon City
Chapter,
q

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY
Branch

Family Court

BERNADETTE A. DIAZ.MASANGKAY,
Petitioner,

-versus- Civil Case No.

For: Legal Separation

BRYAN V. MASANGKAY,
Respondent.
x

JUDICIAL AFFIDAVIT

PURPOSES: The testimony of JEANETTE S. PELINGON is being offered to prove:

A, The sexual infidelity of respondent;

B. Respondent abandoned his family; and
C. To corroborate the testimony of the petitioner
AKO, si Jeanette S. Pelingon, na nasa wastong gulang at nakatira sa No. 306
Asiana Bldg., lVlayfield Park Residences, Brgy. Rosario, Pasig City 209, ay malayang
nanunumpa at sumagot sa mga katanungan ni Atty. Mylene M. Creencia, na may
Attorney's Roll No. 38493 of Fortun Narvasa & Salazar, sa kanyang tanggapan sa 24tn
Floor [Vlultinational Bancorporation Centre, 6805 Ayala Avenue, Makati City:

1. Q: Kilala mo ba si Ms, Bernadette Masangkay sa kasong ito? (Do you know

Ms. Bernadette lilasangkay (Bernadette) in this case?
A: Opo. (Yes)
Q: Bakit mo siya kilala? (Why do you know her?)
A: Kasambahay po ako niAte. (l am her household help.)

2. Q: Kilala mo ba si [\4r. Bryan Masangkay? (Do you know the respondent,

Mr, Bryan lVlasangkay (Bryan)?
A: Opo. (Yes)
Q: Bakit mo siya kilala? (Why do you know him?)
A: Naging amo ko rin po siya. (He used to be my boss.)

3. Q: Kalian ka naging kasambahay nila? (Since when have you become

their household help?)
 A: Seven (7) years na po akong kasambahay.,.2014 po, (l have been 7
years as househelp,,,since 2014)

4 Q: Bilang isang kasambahay, ano ang iyong ginagawa? (As househelp, what
were your duties and responsibilities?)
A: All around po ako, ma'am. Ako po ang nagluluto, naglalaba at nag-aalaga
sa kanilang anak. (l am all around, ma'am. I cook, do the laundry and take care
of their child.)

5. Q: Sino ang kasama mo sa bahay ngayon? (At present, who is with you
in your house?)
A: Si Ate at lnigo lang po. (l am with Ate and lnigo only.)
Q: Sino si "Ate" at lnigo? (Who is "Ate" and lnigo?)
A: Si Ate Bernadette at yung anak niya na si lnigo, (Ate Bernadette and
her son, lnigo.)

6 Q: Where is Bryan, if you know? (Nasaan si Bryan, kung alam mo?)

A: Matagal na pong umalis ng bahay si kuya, Simula ng umalis si kuya,
hindi na po siya bumalik at nanirahan sa bahay ni Ate, (Kuya left the house a
long time ago. From the time he left, he did not go back and live in the house
anymore.)

Q: Sino yung "kuya" na tinatawag mo? (Who is the "kuya" you are referring
to?)
A: Si kuya Bryan po. (l was referring to kuya Bryan.)

Q: Paano mo nasabi na umalis ng bahay si kuya Bryan mo? (What made

you say that your kuya Bryan left the house?)
A: Noong umalis po si kuya, nagpatulong po siya sa akin na i-impake ang
kanyang mga damit at gamit. (When kuya left the house, I helped him pack his
clothes and things.)

7 Q: Bakit umalis ng bahay ang kuya Bryan mo, kung alam mo? (Why did
your kuya Bryan leave the house, if you know?)
A: Ang pagkakaalam ko po ay may ibang pamilya na si kuya. (What I know
is that kuya has another family already.)

8 Q: Kailan umalis ang kuya Bryan mo sa bahay? (When did your kuya
Bryan leave the house?)
A: Umalis po si kuya sa bahay noong January 2018. (Kuya left the house
I
in January 2018,)

I Q: Masasabi mo ba kung sino ang gumagastos sa mag pangangailangan

sa bahay at kay lnigo? (Can you tell us who provides for the expenses in the
house and the needs of lfrigo, if you know?)
A: Si Ate po ang bumibili ng lahat nga pangangailangan naming sa bahay
at sa mga pangangailangan ni lfligo. (Ate was providing all our needs in the

2
}

house and needs of lngo.

I say nothing further.

,#-#flJ:ff*rNGoN
SUBSCRIBED AND SWORN to before me this 4th day of February 2022,affiant
exhibiting to me her Comelec Voter's lD No, 041 2-00081 3-10480JJ issued at
Comelec, [Valay, Aklan,
[dHV G GAYSAY
Doc. No. L; N of Makatl
Page I,Jo. fl-; ent No. M.317
scli( ruo T,
Series of 2A22.
Commlssion until December 3l,
ni * ryef B[fJ,t[lfi.[1]3, 11 i,11,,, .,,,
Z02Z

;_nc,t{0. 110417, 12-15-2021; Makati City Chaprer

l\
GERTIFICATION
-?3rd Fcgoq
Multinational Bancorporation Centre
a-vata AvJnJe, Makati City
' \'-:
, '. l; Atty. Mylene T. Marcia-Creencia, of legal age and with office address at
Fortin Narvasa & Salazar Law Offices locaied at 23,d Floor, Multinational
Bancorporation Centre, Ayala Avenue, tVlakati City and in compliance with SC A.M,
No, 12-B-8-SC and certify the following:

1. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the witness gave;

2. Neither she or any other person then present ng her coached

the witness regarding the latte/s answers.

Mylene T.

SUBSCRIBED AND SWORN to before me, is 4m day 2022 in

Makati City, by the affiant who is known to me to be rson who executed
the foregoing certification exhibiting her IBP No, 02053, Lifetime, Quezon City
Chapter.

: ii' Dcc. lio. VI, REv.. #^GAYSAY

Notarv lPubfic of Makati
-\ l,lc. APpoi'ntment No M'317
er 3-1' -2022
'-'
Commtsi[n until
ioti
Decemb
of AttorneYs No' 73548
Makattt"tty
PTR No. 8853360; 01-03-2022;
rBp N;. ii04iiair-i5-2021; Makati ci$ chapter
23rd F Multinational Bancorporatr0l'r,.Lenlre
tjrt';
6805 AYala Avenu6, Malqatt