Republic of the Philippines

SECOND SHARI’AH CIRCUIT COURT

Fourth Shari’ah Judicial District
Marawi City

MOAMAR FOUZIE D. MACUD

Petitioner, Spl. Proc. No.
For: Judicial Confirmation of
-versus- divorce by Talaq

DAYPRIL L. DELA CRUZ

Respondent.

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JUDICIAL AFFIDAVIT OF MOAMAR FOUZIE D. MACUD

This Judicial Affidavit of Moamar Fouzie D. Macud, who is the petitioner in

the instant petition, is executed to serve as his direct testimony in the instant
petition. This Judicial Affidavit is being offered to prove the following:

A.) That he is the petitioner in the above-entitled case;

B.) That he was married to Respondent Daypril Ligan Dela cruz;
C.) That he and his wife mutually agreed to obtained a Judicial confirmation
of divorce; and
D.) To identity documents relevant to the Petition.

QUESTIONS were propounded by Petitioner’s counsel Sittie

Hanan N. Abdussalam, in Tagalog and translated in English which affiant fully
understands, while ANSWERS were given/made by witness in Tagalog and
translated in English.
Q1. Do you swear to tell the truth and nothing but the truth?
A1. I do.

Q2. Are you aware that you can face criminal liability for false
testimony or perjury if you will not tell the truth?
A2. Yes, I am.

Q3. Please state your name, age, and address.

A3. I am Moamar Fouzie D. Macud, 32 years old and residing at
Barrio Sikap Rapasun, MSU-Main Marawi city.

Q4. Who is the Petitioner in this Petition?

A4. I am the Petitioner in this Petition.

Q5. How are you related to the herein Respondent Daypril Ligan Dela
cruz?
A5. She is my wife and we were married on July 02, 2017 in
Springland Resort Tiguma, Pagadian City, Zamboanga del Sur.

Q6. What kind of ceremony were you married?

A6. We were married in accordance with Muslim law and tradition.

Q7. Do you have any proof of said marriage?

A7. Yes, I have here with me the copy of our marriage certificate.

Q8. Do you have any children with the respondent? And if there is,
how many?
A8. Yes, we have two (2) children.

Q9. What is your status now with your wife?

Q9. We are now separated and living separately.

Q10. Where are your children now?

A10. They are now in the custody of my wife

Q11. Who executed this written talaq?

A11. I am.

Q12. Why do you execute this written talaq?

A12. To divorce my wife due to constant marital dispute and
misunderstanding.

Q13. Did you even attempt to reconcile before deciding to proceed on

this petition?
A13. Yes, we tried to reconcile many times, and at some point, it
worked but later on it just get worser.
Q14. Have you obtained the consent of your wife regarding this talaq?
A14. Yes, I do.

Q15. How did you able to obtained her consent?

A15. We mutually agreed to separate and divorce. She even signed
the Talaq to signify her consent to the divorce.

Q16. Have you provided support for your wife during her idda or the
monthly courses?
A16. Yes, I do.

Q17. Do you have any proof showing that you indeed give support to
her during her idda?
A17. Yes. I have.

Q18. I am showing you this printed copy of bank transaction from the
month of February to May, is this the same document you are
referring to?
A18. Yes, Atty.

Q19. Have you provided support for your children?

A19. Yes, I have.

Q20. Do you have any proof that you are providing financial support
for you children?
A20. Yes, I have.

Q21. I am showing you a printed copy of a bank transaction, is this

the same document you are referring to as proof of the financial
support you are giving to your children?
A21. Yes, it is the same.

Q22. When was the last time you saw you children?
A22. The last time I saw them was on Feb 2023.

Q23. Have you been able to contact them after you have lived
separately with you wife?
A23. Yes, we were able to talk through phone calls.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 4th day of September 2023 at Marawi City, Lanao del sur.

MOAMAR FOUZIE D. MACUD

Affiant
 SUBSCRIBED AND SWORN TO before me this ____ day of
F e b r u a r y 2 0 2 4 in the City of Marawi. Affiant personally appeared
before me with PRC ID No._______ issued on _________ at ________,
known to me to be the same person who executed this instrument and
avowed under penalty of law to the whole truth of the contents of said
document.

Doc No.___________;
Page No.__________;
Book No.__________;
Series of 2024.
 ATTESTATION OF LEGAL
COUNSEL

I, ABDUSSALAM, SITTIE HANAN N., Shariah Counselor, of legal

age, married, Filipino, and a resident of Brgy Palao-ranaranao, Marantao
Lanao del sur, after having duly sworn to in accordance with law do
hereby depose and state that:

1. I have faithfully recorded or caused to be recorded the question I

asked and the corresponding answer of Moamar Fouzie D. Macud;

2. I have neither, nor any other person present or assisting, coach the
representative, regarding his answers; and

3. I fully understand that any false attestation shall subject me to

disciplinary actions, including disbarment.

IN WITNESS WHEREOF, I have hereunto set my hand

this in the City of Marawi, Philippines.

ABDUSSALAM, SITTIE HANAN N.

Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of

______ 2024 in the City of _____ by ______ with PRC ID No. _____ issued
on __________ at __________.

Doc No._____;
Page No._____;
Book No._____;
Series of 2024.