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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BATANGAS


FOURTH JUDICIAL REGION
BRANCH ___, LIPA CITY

OLLINAR MAGLINAO CORNEJO,


Petitioner,

CIVIL CASE NO. __________


-versus- For: DECLARATION OF
NULLITY OF MARRIAGE

RACHEL LONZANIDA CORNEJO,


Respondent.

x----------------------------------------------
x

JUDICIAL AFFIDAVIT
OF OLLINAR MAGLINAO CORNEJO
(In lieu of Direct Examination)

Offer of Evidence: The testimony of the witness is being offered to prove


the material allegations in the petition, particularly that the marriage of the
petitioner and the respondent is null and void from the beginning as both
were diagnosed to be suffering from different personality disorders:
“PASSIVE-AGGRESSIVE PERSONALITY DISORDER” for the
petitioner and “ANTI-SOCIAL PERSONALITY DISORDER” for the
respondent. The witness will also testify that both psychological incapacities
are grave, incurable, and present and existing prior to the marriage. The
witness will also identify several documents in the course of his testimony.

With the kind permission of the Honorable Court.

1. Question: Mr. Witness, who is this Ollinar Maglinao Cornejo who


appears to be the petitioner in this case?
Answer: I am that person who stands as the petitioner in this case,
ma’am.

2. Q: Where do you currently reside?


A: I am currently residing in Purok 1, Brgy. Tangway, Lipa City,
Batangas.

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3. Q: How about the respondent, do you know where she is residing?
A: From what I last heard, she is residing in Brgy. San Benito,
Lipa City, Batangas.

4. Q: What is your relationship with the respondent, Mr. Witness?


A: The respondent Rachel Lonzanida Cornejo is my wife, ma’am.

5. Q: You mentioned that the respondent is your wife. When did you
marry her, Mr. Witness?
A: We got married on May 29, 2012.

6. Q: What is your proof, if any, of this marriage?


A: I have with me a copy of our marriage certificate, ma’am.

7. Q: Showing you a document labeled as Certificate of Marriage


between Ollinar Cornejo and Rachel Cornejo. Please examine
and tell the relation of this document to what you have stated.
A: This is the marriage certificate I was referring to, ma’am.

Manifestation: We will be requesting, Your Honor, that the mentioned


Marriage Certificate be marked as EXHIBIT “E”.

8. Q: In the Certificate of Marriage you just identified, there appears


a signature above the name Ollinar Maglinao Cornejo. Whose
signature is this, Mr. Witness?
A: That is my signature, ma’am.

9. Q: How about the signature that appears above the name Rachel
Lonzanida Cornejo?
A: That is the signature of my wife, Rachel Lonzanida Cornejo,
ma’am.

10. Q: How do you know that this is the signature of your wife, Mr.
Witness?
A: I know because she signed in front of me and I am familiar with
her signature, ma’am.

Manifestation: We will be requesting, Your Honor, that the signatures of


Ollinar Maglinao Cornejo and Rachel Lonzanida Cornejo in the marriage
certificate be marked as EXHIBITS “E-1” and “E-2”, respectively.

11. Q: How many children were born out of your marital union with
the respondent?
A: We have two (2) children, ma’am.

12. Q: What are their names?


A: Carl Ollen Lonzanida Cornejo and Callie Lonzanida Cornejo.

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13. Q: How old are they?
A: Carl Ollen is seven (7) and Callie is turning two (2), ma’am.

14. Q: What is your proof, if any, that Carl and Callie are your
children?
A: I have with me copies of their birth certificates, ma’am.

15. Q: Showing you documents labeled as birth certificates of Carl


Ollen Lonzanida Cornejo and Callie Lonzanida Cornejo. Please
examine and tell the relation of these documents to what you
have stated.
A: These are the documents I mentioned, ma’am.

Manifestation: We will be requesting, Your Honor, that copies of the birth


certificates of Carl Ollen Lonzanida Cornejo and Callie Lonzanida Cornejo
be marked as EXHIBITS “F” and “G”, respectively.

16. Q: Do you and the respondent still live together as husband and
wife?
A: We no longer live together, ma’am.

17. Q: When did the two of you get separated in fact?


A: Sometime in November 2021, ma’am.

18. Q: What made you and your wife go on separate ways?


A: We felt that both of us no longer have feelings left for each
other and that we will just be fooling ourselves if we try to live
together as husband and wife. Both of us felt that we’ve had
enough of hurting each other’s feelings since our relationship is
marred with nothing but endless and countless chances to fulfill
our marital obligations. We always end up miserably failing to
observe our marital obligations of mutual love, respect, support,
and fidelity.

19. Q: What made you say that you and your wife miserably failed to
observe the essential marital obligations of mutual love,
respect, support and fidelity?
A: Right from the start when we began to settle as a couple, Rachel
already manifested her tendencies to lie, cheat, pretend, and she
showed dysfunctional traits that caused tension to our
relationship. As for me, I also have my own fair share of
misdeeds.

20. Q: How did it all started?


A: It all started soon after I met Rachel in 2011. Rachel and I were
both senior college students at Lipa City Colleges. We were
introduced by my cousin. I pursued and courted her and after a
month of wooing, I became her boyfriend. We were

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inseparable. As we went steady, we began carving our lives
together as a couple and engaged in an almost every day sexual
intimacy. Barely after a week after our relationship, Rachel told
me that she was pregnant.

21. Q: What was your reaction when she claimed to be pregnant?


A: I was shocked since it has just been a week that we were
together. The news of Rachel’s pregnancy reached both our
families and an agreement was formed for us to get married as
soon as possible. We got engaged right after.

22. Q: What happened during the time that you were engaged with
Rachel?
A: Rachel started living with me and my family in December
2011. I continued going to school while Rachel went on with
her job in an insurance company. But before the year ended,
Rachel admitted that she was not truly pregnant and that she
was already having her menstruation.

23. Q: What was your reaction about Rachel’s revelation?


A: I nearly lost my senses. She told me it was just a knock on her
conscience which prompted her to finally tell the truth.

24. Q: After knowing that she was not truly pregnant, did you maintain
the engagement?
A: Yes. Despite her lies and huge pretenses, I still went on in
marrying her because I felt deeply touched when she told me
that her reason for lying about her pregnancy was because she
does not want to lose me to someone else.

25. Q: You mentioned you were married on May 29, 2012. Where did
this marriage take place?
A: At the Regional Trial Court of Lipa before a judge, ma’am.

26. Q: Who officiated the marriage?


A: It was officiated by Judge Wilfredo P. Castillo.

27. Q: What happened after the wedding?


A: We decided to live with my family as we still have no means to
live by ourselves. During our cohabitation under one roof, I
came to know Rachel more and more and little by little she
began showing dysfunctional traits.

28. Q: What were those dysfunctional traits you mentioned?


A: To start, when I ventured into the business of buying and
selling motorcycles which made some profitable returns,
Rachel reacted negatively to my entrepreneurial endeavor and

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would exhibit a rather ghastly behavior. She argued at that time
that I was too preoccupied with my business and had too little
time or no more time at all to spend with her. At home, Rachel
was always irritable and had outbursts even for no apparent
reason. It was always automatic that after she finishes throwing
her tantrums, she immediately packs her bags and storms out of
our house, taking with her our money.

29. Q: How did you handle all those dysfunctional traits of Rachel?
A: I originally believed that Rachel was just simply misguided.
Whenever she goes on with her stow-away rampage, I never
stopped running after her. My unending patience with her kept
me going and I always look for her in the houses of her friends
who take turns in providing her shelter. Most times, I also ask
for help from her parents to locate her whereabouts.

30. Q: Was Rachel’s inappropriate behavior only perceptible to you?


A: No. She also displayed fits of anger and temper tantrums even
with the presence of my family. She even calls my parents
names such as “bruha”. She even lambasted my friends who
visited me in our house, sarcastically saying that it was
supposedly our bedtime already.

31. Q: How did you feel about Rachel’s behavior towards your
family?
A: I felt ashamed for her behavior but paid no attention to what my
family thinks. I just tried to understand her to avoid us having
fights.

32. Q: Did your relationship with Rachel improve over time?


A: No. In 2014, Rachel became worse and started living a
bachelorette-like lifestyle. She always spends the night partying
with her workmates until the wee hours of the morning. She
never slowed down in painting the town red and she continued
this even after she delivered our first child the following year.

33. Q: How was your wife able to continue this when you already had
your first child?
A: She often leaves our new-born son with my mother.

34. Q: What other instances caused great problems in your


relationship?
A: In 2015, she maintained fake social media accounts and
pretended to be a woman from my past making malicious,
indecent, and offensive posts. She then made people believe
that it was my ex-girlfriend who owns this account. She created
another Facebook account sometime in 2018 and sent

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disturbing messages to an ex-girlfriend of mine. I almost got in
trouble as I was suspected by that ex-girlfriend to be the one
behind it. Being a police officer with a good background in
intelligence gathering, it was easy for me to pinpoint that it was
all Rachel’s fake Facebook accounts.

35. Q: What other instances led to the demise of your relationship?


A: Ever since I landed a job in Philippine National Police, I stayed
true to my promise of being an ideal husband. I gave her all my
earnings but she spent it mostly on her personal needs. By
2017, we got our own place but she was very ungrateful. She
complained that she wanted to live in a plush subdivision that
suits her taste. She also continued her shopping sprees without
regard to our need to save money for emergencies. She would
go on a shopping spree, buying everything from the rack from
clothing apparels to footwears, unmindful of spending it for our
basic needs. She also kept a secret bank account for her
personal use where she kept most of our earnings.

36. Q: You mentioned that reconciliation is no longer possible since


both of you had fair shares of misdeeds. What were these
transgressions you mentioned?
A: Because of Rachel’s ill-mannered behavior and devious
schemes, my patience with her started to run out. I began
seeking refuge in the company of other women and started
engaging in lengthy online conversations with them.
Eventually, Rachel chanced upon my conversation with a
woman named “Theresa” and later on with a woman named
“Giselle”.

37. Q: What was Rachel’s reaction when she found out about your
online relationships?
A: Rachel did not hold back in her jealous attacks and we began to
have relentless bitter confrontations.

38. Q: What happened after that?


A: In 2019, Rachel got pregnant again. She thought her pregnancy
would somehow bring me to my senses and stop womanizing,
but it did not. As my wrongdoings began to unfold, our
squabbles worsened and we started physically maltreating each
other. By force of habit, Rachel continued storming out of our
house whenever we had disagreements even on the simplest
things. It breaks my heart that she could not care less about her
pregnancy. Typical Rachel, she takes away all our savings with
her whenever she decides to run away.

39. Q: What did you do, if any, whenever she runs away during fights?

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A: I always persuade her to return home. I would convince her to
come back just for the sake of our unborn child. My parents
also did everything to help me lead Rachel to the right path.

40. Q: What happened to your relationship after she gave birth to your
second child?
A: Our relationship got even worse. I started coming home late on
most nights. I would rather devote more of my time after work
with peers rather than her. On one occasion, I came home late
from work and arrived at dawn. Rachel was furious since I only
came home to take a bath and left again for work without
checking on them. It became obvious to her that at that time, I
was starting to drift away from her. When things were not
getting any better between us, that was the time when I
discovered that she has a lover.

41. Q: How did you discover that your wife has a lover?
A: It was in November 2021 when I came home early from work. I
came across Rachel’s phone and read intimate communications
she was having with another man, also a police officer.

42. Q: What was your reaction when you found out about her affair?
A: I felt incredibly hurt and betrayed. I then filed a complaint
against Rachel in the barangay for having extramarital affairs.

43. Q: What happened next after you filed the complaint?


A: Right then and there, Rachel willingly executed a document
admitting her unfaithfulness.

44. Q: What happened next, if any?


A: After the incident in the barangay, she packed her bags and left,
taking our children with her. We then decided to part ways
since living together is not anymore viable for both of us.

45. What happened next, if any?


A: I decided to file an administrative case against the police officer
for having an affair with my wife.

46. Q: What happened to the police officer?


A: On May 17, 2022, the police officer was found guilty of
“Conduct Unbecoming of a Police Officer” and was meted with
a penalty of one rank demotion.

47. Q: What did you do, if any, regarding the custody of your
children?
A: I fought for the custody of our children. We made an agreement
before DSWD (Department of Social Welfare and
Development) that she can visit and exercise some bonding

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time with the children but we agreed that I will retain their
custody.

48. Q: How did the arrangement work out?


A: In February of 2022, Rachel violated our agreement when she
never returned the children when she borrowed them.

49. Q: What did you do, if any, to reconcile or revive your relationship
with Rachel?
A: I did not do anything anymore to resolve our marital problems,
but I terribly missed my children so I decided to seek the
assistance of a legal counsel. I was told that I can file a nullity
case regarding my marriage and that I can pursue for the grant
of custody of my children.

50. Q: What advise did the counsel gave you, Mr. Witness?
A: I was advised to consult a psychiatrist to assess our
psychological make-up as an individual and as a couple. I was
able to consult Dr. Romeo Z. Roque, Jr., a reputable
psychiatrist who has already testified in a number of nullity
cases in various family courts in the Philippines. In connection
with my consultation with Dr. Roque, I was given a copy of a
Psychiatric Report regarding each of our conditions.

51. Q: What is your proof, if any, that you indeed underwent


psychological evaluation?
A: I have with me a copy of our psychological report, ma’am.

52. Q: Showing you a document labeled as Psychological Evaluation


Report. Please examine and tell the relation of this document to
what you have stated.
A: This is the psychological report I was referring to, ma’am.
Manifestation: We will be requesting, Your Honor, that the copy of the
Psychological Evaluation Report be marked as EXHIBIT “H”.

53. Q: What was the result of this Psychiatric Report?


A: The report indicated that Rachel and I both suffer from different
psychological incapacities. From the criteria taken under the
Diagnostic Statistical Manual of Mental Disorder, 5th Revision,
I was found to be suffering from “Passive-Aggressive
Personality Disorder” and Rachel was found to be suffering
from “Anti-Social Personality Disorder”. The report shows
that our conditions are severe and grave enough to cause our
inability to comprehend and fulfill our marital responsibilities.
The report also reveals that we let our inherent dysfunctional
traits manifest instead of looking after the welfare of our
family. Finally, failure in performing our marital obligations

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was clearly manifested in our lack of ability to render love and
respect towards one another.

54. Q: Aside from you, who else was interviewed by Dr. Roque
regarding your marital relationship with the respondent?
A: My sister, Julie Ann Pol, and my childhood friend, Cleo
Linatoc, were also interviewed by Dr. Roque.

55. Q: What properties or conjugal liabilities were you able to acquire


with the respondent?
A: We do not have any property or conjugal liability during our
marriage, ma’am.

56. Q: What do you desire this court do regarding your marriage


with the respondent?
A: I want my marriage to be nullified on the ground of
psychological incapacity as proved by Dr. Roque and other
witnesses to our relationship that we are both suffering from
personality disorders that incapacitate us to comprehend and
perform our basic marital obligations.

57. Q: What else, if any, do you want this court to do regarding


your marriage with the respondent?
A: I pray that the court award full custody of our children in
my favor.

58. Q: Do you confirm and affirm the authenticity and veracity of


the testimony that you have just given?
A: Yes, ma’am.

No further questions.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day


of September, 2022 in Lipa City, Batangas.

OLLINAR MAGLINAO CORNEJO


Affiant
I.D. No. _______________________

SUBSCRIBED AND SWORN to before me this __ of September


2022 in Lipa City, Batangas.

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Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2022.

SWORN ATTESTATION OF LAWYER


I, PATRICIA A. TALAMAN, of legal age, Filipino, and with
business address at Mezzanine, 3MJ Rain Building, Brgy. Marawoy, Lipa
City, Batangas 4217 Philippines, after having been duly sworn to in
accordance with law, hereby depose and state that:

1. I was the one who conducted the examination of witness


OLLINAR MAGLINAO CORNEJO at our aforementioned office at
Mezzanine, 3MJ Rain Building, Brgy. Marawoy, Lipa City, Batangas 4217
Philippines;

2. I faithfully recorded or caused to be recorded the foregoing


questions that I asked and the corresponding answers that the witness gave;
and

3. Neither I nor any person present or assisting him coached the


witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this __ of


September 2022 at Lipa City, Batangas.

PATRICIA A. TALAMAN
Affiant

SUBSCRIBED AND SWORN to before me, a notary public in and


for Lipa City this __ of September, 2022. Affiant personally came and
appeared with her Philippine Passport P5583655A issued by DFA Manila,
bearing her photograph and signature, 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.

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2022.

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