REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 30 MANILA

JUAN DELA CRUZ,

Petitioner,

-versus- JDRC Case No. 12345

MARIA SANTOS-DELA CRUZ,

Respondent.

For: Declaration of Nullity

of Marriage based on Art.
36 of the Family Code.

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JUDICIAL AFFIDAVIT
IN LIEU OF PETITIONER'S DIRECT TESTIMONY
The Petitioner, by the undersigned counsel and to this
Honorable Court, most respectfully states:
I, Juan Dela Cruz, Filipino, of legal age, married and with
residence address located at 123 Leon Guerrero St. San Miguel,
Manila. After having duly sworn to in accordance with law, hereby
depose and state:
ATTY. F: We are offering the testimony of the witness to prove
that: a) both petitioner and the respondent are suffering from their
respective psychological incapacities; b) to testify on the
manifestations of such incapacities, c) that these capacities are
serious, incurable, and existing prior to the parties’ marriages, and
d) lastly, that there is no more chance for both of them to reconcile.
 ATTY. F: With the kind permission of this Honorable Court.
1. Q: Mr. Witness, are you the petitioner in this case?
A: Yes, sir,

2. Q: Do you know the respondent in this case by the name of MARIA

SANTOS-
DELA CRUZ?

A: She is my wife, sir.

3. Q: When were you and the respondent married?

A: We were married on August 15, 2004, in Quezon City
4. Q: You have proof that indeed you were married on August 15,
2004?
A: Yes sir, I have a copy of our marriage contract.
(Witness showing a copy of their marriage contract.)

ATTY. F: Your Honor, may I move that this Marriage Contract dated
15th August 2004 between the petitioner and respondent celebrated
in Quezon City be marked as Exhibit "A."

5. Q: Out of the said marriage, how many children did you have, if
any?
A: We are childless, sir.
6. Q: What properties did you acquire, if any, during marriage?
A: We have not acquired properties during marriage.
7. Q: When for the first time did you meet the respondent Maria
Santos-Dela Cruz?
A: I first met Maria Santos-Dela Cruz sometime during the 2nd
week of April 2004. We were both attending a seminar and a
common friend introduced us to each other.
8. Q: After you met, what happened next, if any?
 A: We had our first date the next day. The courtship lasted for two
days. I went back to the province but promised to see her again as
soon as possible.
9. Q: Afterwards, what happened next, if any?
A: We kept in touch by communicating over the phone and talked
about the things they planned to do. In one instance, she
intimated to me her desire to get married. I reflected on the idea
but was not yet decided, but I was willing to give her everything
she wanted.
10. Q: How often do you see each other before you got married?
A: I met her in April 2004 and we were married in August 2004.
In between, I only met her once in June 2004. I only stayed for two
days with her in Manila as I had to attend to my business in the
province.
11. Q: To which of your relatives did you or your wife tell about the
wedding?
A: Actually, our marriage remained hidden to everyone except
my family. No one in the respondent's family had any idea about it
even to this day.
12. Q: What happened afterward, if any?
A: When I went back to the province, during our telephone
conversation, we agreed to get married on my next visit to Manila.
We set the date of marriage on August 16, 2004. Hence, after only
four months from the time that I met her, we were married.
13. Q: After the wedding celebration in August 2004, what happened
next, if any?
A: I wanted to stay in Manila with my wife and was, in fact,
willing to look for a job in the city but, she was reluctant and did
not want me to sacrifice my job in the province for her.
14. Q: How long did you stay together after the wedding celebration?
A: We only stayed together for three (3) days after the celebration.

15. Q: What happened next after only staying together for three (3)
days after the wedding?
A: I went back to the province. A month after our wedding, we
talked over the phone to discuss our respective priorities. I
encouraged her to stay with me in the province but she did not
 want because she told me that she has to prioritize her business
here and attend to her responsibilities to her family as well.

16. Q: So, when did you live together as husband and wife?
A: There is no instance that we live together as husband and wife.

17. Q: Why?
A: As you know, after staying with her for three (3) days from our
wedding in August 2004, we went back into our separate lives. We
get in touch once in a while through telephone conversation
Unfortunately, sometime during the last week of September 2004,
we decided to end our relationship.
18. Q: You mean, after being married for a little less than two (2)
months, you ended your relationship?
A: That is right, sir.
19. Q: After you had this conversation, what happened next, if any?
A: I noticed she became cold. However, it started even before the
said conversation.
20. Q: Why do you say so?
A: After I went back to the province, she never misses me nor
even tells me to visit her. In fact, it was always thru my initiative
that we were able to talk. If I don't call her, she would not dare
call me.

21. Q: Can you tell us, how does the respondent, as you wife, treat
you?
A: Respondent is a domineering type of a woman who likes to
argue with me, even in small things. She had no intention to build
a family with him. She told me that the marriage contract was just
a mere scrap of paper.

22. Q: What did she tell you, if any?

A: Sometime during the last week of September 2004, my wife
frankly told me that she was not happy with me and that she
was already seeing someone else. She related that the other man
 was doing everything that I should have done for her. In her last
words, she said we better just move on with our lives and end the
relationship.
23. Q: So, after she told you to move on with your lives and end the
relationship, what else happened, if any?
A: We ended the relationship. We never saw each other since
then.

24. Q: What happened next, if any?

A: Later, a common friend intimated to me that she is now in a
live-in relationship with someone else.

25. Q: What else did you learn from this common friend, if any?
A: I further learned that out of the said live-in relationship with
another guy, the respondent had given birth to a baby boy. The
child may now be six years old.

26. Q: What happened afterward, if any?

A: I have a deep reflection as to the status of our marriage
Considering the present status of our marriage, it is high time that
we move on with our respective lives, so I contemplated on filing
an annulment case. Consequently, I underwent a psychological
evaluation examination.

27. Q: What is the result of the psychological evaluation

examination?
A: As found by Clinical Psychologist Nilda Acosta after thorough
analysis, scrutiny of the facts and the test examinations results
and data, she declared both of us are psychologically
incapacitated to assume our essential marital roles and
obligations that put our marriage in eventual demise even from its
very beginning. Attached herewith is the Psychological Evaluation
Report hereto referred as Annex "B.”

28. Q: Specifically, on your part as the petitioner, and on a clinical

viewpoint, what is the finding on the said psychological evaluation
examination?
 A: From the clinical viewpoint, I was diagnosed to be suffering
from a psychopathological condition known as PASSIVE-
AGGRESSIVE PERSONALITY and NARCISSISTIC DISORDERS.

29. Q: On the part of respondent Maria Santos-Dela Cruz, what is

the corresponding finding?
A: She is suffering from a personality disorder clinically
identified as NARCISSISTIC PERSONALITY DISORDER WITH
FEATURES OF HISTRIONIC PERSONALITY DISORDER
30. Q: What are the characteristics of these disorders?
A: These disorders are considered grave, severe, permanent, and
incurable that no amount of psychotherapeutic intervention
would suffice to undo their very defective natures The findings
further provide that "the psychological incapacity of both parties
is characterized by juridical antecedence, having existed decades
before they entered marriage and became chiefly manifested after
the celebration thereof."
31. Q: Is there evidence to support your statement that the
respondent's disorders are incurable?
A: Yes, the Psychological Evaluation Report revealed that the
respondent's actions are habitual, persistent, unchanging, and
enduring. Additionally, Annexes "C." and "D.," which consist of
affidavits from individuals with whom the respondent had previous
romantic relationships, further support this finding.
32. Q: What is the conclusion of the report?
A: The hope of reconciliation is viewed to be uncertain and
impossible as these essential attributes of marriage never existed
from the start of the relationship. Clinical Psychologist Nedy Tayag
recommended that our marriage should be declared null and void.
32. Q: What do you want the court to do with your petition?
A: I would like the court to give us the opportunity to move on
with our lives where we would seek happiness. Psychologist
Acosta strongly believes that reconciliation would only do us more
harm and would pose a significant threat to their mental and
behavioral well-being.
I submit that our individual personality traits are fundamentally
incompatible and opposed to each other, to the extent that the
 only possible outcome of our union would be the unavoidable and
permanent disintegration of the marriage.
Personally, I would like to start my life anew and humbly seeks to
declare my marriage an absolute nullity.
ATTY. F: That will be all for this witness, your Honor.
This judicial affidavit is being executed to attest to the
truthfulness and veracity of the foregoing facts which are based
on my own personal knowledge and belief.

IN WITNESS WHEREOF. I have hereunto affixed my

signature this day of January 2013 in Manila.
Juan Dela Cruz
Petitioner
SUBSCRIBED AND SWORN to before me, this of January
2013 in Manila, affiant exhibited to me his Driver's License
No.______________ issued on______________ in_________________.
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ATTESTATION
I, ________________________, of legal age, Filipino citizen, after
having duly sworn to in accordance with law, do hereby depose and
say:
1. That I am the counsel of record for the petitioner in the above-
entitled case,

2. That I personally conducted the foregoing judicial affidavit of

the petitioner,

3. That I hereby certify that I faithfully recorded the questions I

asked and the answer of the witness;
 4. That I likewise certify that neither I nor any person then
presents had coached the witness regarding his answer in this
judicial affidavit.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ______ day of January 2013.
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Counsel for the Petitioner

SUBSCRIBED AND SWORN to before me, this day of January

2013 in Manila, affiant exhibited to me his Driver's License No. 4-80-
12345 issued on September 10, 2012, in Manila.
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