Sample Judicial-Affidavit-Annulment-Elias

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REPUBLIC OF THE PHILIPPINES

12th Judicial Region


REGIONAL TRIAL COURT
Cotabato City
Branch __

ELIAS A. SANCHEZ, CIVIL CASE No. ____________


Petitioner,

- versus – For:

EMMA BONAOBRA- DECLARATION OF NULLITY


SANCHEZ, OF MARRIAGE
Respondent.
x---------------------------------------x

JUDICIAL AFFIDAVIT OF PETITIONER

I, ELIAS A. SANCHEZ , of legal age, married, and living at Ortouste St.,


Rosary Heights 6, Cotabato City, petitioner in this case, after having been
duly sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. Camila Dela Torre with office address at
Door 1, AAA Bldg., Sinsuat Avenue, Cotabato City. The examination is
being held at the same address. I am answering her questions fully conscious
that I do so under oath and may face criminal liability for false testimony
and perjury.

PURPOSE: This affidavit/testimony of petitioner ELIAS A. SANCHEZ is


being offered to prove that the respondent EMMA BONAOBRA-
SANCHEZ has failed to perform her duties as wife, failing to live together
observe mutual love, respect and fidelity and render mutual help and
support. The petitioner’s testimony is also offered to support the need to
have the respondent engage a clinical psychologist and prove the legal basis
for the declaration of nullity of the petitioner’s marriage with the respondent,
the same being psychologically incapacitated and therefore VOID.

1. Q. Please state your name and other personal circumstances for the
record.
A. ELIAS A. SANCHEZ

2. Q. Are you the same ELIAS A. SANCHEZ, the petitioner in this


case?
A. Yes ma'am.

3. Q. Do you know a certain EMMA BONAOBRA-SANCHEZ?


A. Yes ma’am. She was the woman I married on _____________.

4. Q. Since when were you living together with respondent EMMA


BONAOBRA-SANCHEZ?
A. We were living since 2004, even before our marriage.

5. Q. Are you still living together with EMMA BONAOBRA-


SANCHEZ?
A. No, we have been living separately ever since I went to
Singapore and she did not follow me living there.

6. Q. Do you have of proof your marriage with EMMA


BONAOBRA-SANCHEZ?
A. Yes ma'am, I have a NSO Certified marriage contract as my
Exhibit "A"

7. Q. Did you have children with EMMA BONAOBRA-SANCHEZ?


A. No, we did not have any children.

8. Q. Did you try to have children?


A. I tried to have a baby with her, but she can’t get pregnant
because she did not take her doctor’s prescription.

9. Q. What is the use of the doctor’s prescription?


A. It is to help her easily get pregnant as we had difficulties getting
her impregnated.

10. Q. Have you tried reconciling with the respondent and tried
to live together again?

A. Yes ma'am, I have talked with the respondent after coming back
to the Philippines, but she refused and prioritized her studies.

11. Q. How do you settle your differences between each other?

A. We have a hard time settling our differences. There are always


frequent fights and disagreements throughout our married life as far as
I can remember.
12. Q: Are you still communicating with each other before filing this
case?
A: Yes attorney. We still communicate with each other quite a
few times, even eat together when we are both free from work.

13. Q: What is your reason for claiming that the respondent may be
psychologically incapacitated.
A: Aside from not taking her medicine, she pursues her own career
first and failed in her marital obligations and family obligations.

14. Q: Do you have common properties with the respondent during


your marriage?
A: None ma'am.

15. Q: Did you have a pre-nuptial agreement with the respondent


regarding your properties?
A: None ma'am.

16. Q: What are you asking this court with respect to this case?
A: I am praying that the Honorable Court would grant my petition
for Declaration of Nullity of my marriage with EMMA BONAOBRA-
SANCHEZ on the grounds that our marriage is void ab initio because of
psychological incapacity.

IN WITNESS WHEREOF, I have hereunto set my hand this _____


day of 2020 at Cotabato City.

___________________
Affiant

CAMILA DELA TORRE


Counsel for the Petitioner
Door 1, AAA Bldg., Sinsuat Avenue
9600 Cotabato City
Roll of Attorney No. 12345
MCLE Compliance No. V-0098765 valid until 4/20/2022
PTR No. 246810/01.04.19/Cotabato City
IBP Lifetime Member No. 078910

SUBSCRIBED AND SWORN to before me this 18th day of December


2019 in Cotabato City, by the affiant who showed to me his identification
card sufficient to establish his identity required under the New Rules on
Notarial Practice of 2004.

CAMILA S. DELA TORRE


Notary Public
Commission Expires December 31, 2019
Roll of Attorney No. 12345
MCLE Compliance No. V-0098765 valid until 4/20/2022
PTR No. 246810/01.04.19/Cotabato City
IBP Lifetime Member No. 078910
Doc. No. 123
Page No. 8
Book No. 2
Series of 2019

SWORN ATTESTATION

I, ATTY. CAMILA DELA TORRE, of legal age, Filipino, with office


address at Door1, AAA Bldg, Sinsuat Ave., Cotabato City after being duly
sworn depose and say:

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


Sanchez at my afore-stated office.

2. I have faithfully recorded or caused to be recorded the questions I


asked and the corresponding answer that the witness gave;
3. Neither I nor any other person then present or assisting her
coached the witness regarding her answers;

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


____ 2020 at ___________.

ATTY. CAMILA DELA TORRE


Affiant

SUBSCRIBED AND SWORN to before me this 18th day of December


2019 in Cotabato City, by the affiant who showed to me his identification
card sufficient to establish his identity required under the New Rules on
Notarial Practice of 2004.

CAMILA S. DELA TORRE


Notary Public
Commission Expires December 31, 2019
Roll of Attorney No. 12345
MCLE Compliance No. V-0098765 valid until 4/20/2022
PTR No. 246810/01.04.19/Cotabato City
IBP Lifetime Member No. 078910
Doc. No. 123
Page No. 8
Book No. 2
Series of 2019

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