I, Floyd S. Noweather, a Filipino Citizen, of legal age, married, businessman, and a resident of Block 1 Lot 3 Taslakan Subdivision, Sagkahan, Tacloban City, after having been duly sworn to in accordance with law, hereby depose and say:
1. That I am married to respondent Justina Beibera y Bayota, a copy of our CERTIFICATE OF MARRIAGE dated on September 16, 1998 is hereto attached as Annex A, and during the subsistence of our marriage, we had a daughter named Dionisia B. Mayweather who was born on November 1, 2000;
2. That my family and I had been living in Taslakan Subdivision for 13 long years since 2001 and had been known to the surrounding neighbors as husband and wife. A copy of Certificate of Membership issued by the Secretary of the Homeowners Association is hereto attached as Annex B-1 and copy of the latest Receipt of Membership Dues is hereto attached as Annex B-2; Copy of Many Pinakyaws Certificate of Membership is also hereto attached as Annex C;
3. That on one occasion on or about 5:00 in the afternoon of August 15, 2014, after arriving early from work, caught upon a good old neighbor Many Pinakyaw y Lahat in our home but was almost about to leave. My wife thereafter told me the purpose of the visit was that the latter was offering to sell a condominium unit in MAKATI Condo, being a sales agent of the particular Company, Home Reckers,Inc. A copy of the application form of MAKATI Condo is hereto attached as annex D.
4. That after such instance, I have noticed a sudden change in the attitude of my wife, who used to be loving and caring into a cold and passive one. On one particular night on August 22 at around 1 in the morning, I caught her awake and talking with someone on her cellular phone that led to my suspicion.
5. That Thereafter, I hired a private investigator from Google Investigating Agency to conduct a monitoring of my wife as to her daily activities. The investigation then led to a positive finding of fact that my wife and herein respondent was seeing another man, her co-respondent, Many Pinakyaw y Lahat. The said meetings, at three (3) instances on the 28 th of August, 4 th of September and 7 th of September, 2014, were more often than not documented at our residence in Taslakan Subdivision. Copy of the photos gathered by the investigating agency is hereto attached as annex E-1 to E-45;
6. That after such findings, I was willing to forgive the respondent and to that effect kept my silence on the said matter hoping that said activities of her were just to die down and suddenly stop but continued to seek the help of the Agency (Google) to continually conduct a monitoring of the respondent. Subsequently, to my mistake, on 11 th of September, 2014, there was a finding again by Google of another meet-up. Copy of the photos gathered by the investigating agency is hereto attached as annex F-1 to F-15;
7. That after having decided to put a stop to the said painful activity, so I initiated a plan for which I informed my wife that I was leaving for Cebu for an official business trip for five (5) days from Sept. 15-20, 2014. Thereafter, I went to the authorities to inform them of the situation and intend to catch my wife and her paramour on the act of committing such adulterous act;
8. That on or about 9:00 in the evening of September 16, 2014 in our residence in Taslakan Subdivision after a tip from the investigator, I together with a police officer caught my wife with another man who happened to be the said neighbor and co- defendant, Many Pinakyaw y Lahat, in the act of sexual intercourse in our bedroom. Copy of the Police Blotter Entry is hereto attached as Annex G and copy of an Affidavit of SP01 Madlangpipol is hereto attached as Annex H;
9. That I am therefore executing this affidavit freely and voluntarily in support of my intent to file a criminal case for Violation of Article 333 of the Revised Penal Code or the crime of Adultery and/or the appropriate criminal case against my said wife and herein respondent, Justina Beibera y Bayota , who is of legal age and can be sent with subpoena at Block 6 Lot 9, Masagana Village, Tacloban City ; and her paramour and herein co-respondent, Many Pinakyaw y Lahat, who is of legal age and can be sent with subpoena at Block 1 Lot 8 Taslakan Subdivision, Sagkahan, Tacloban City.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 17 th day of September, 2014 at the City of Tacloban, Philippines.
FLOYD S. NOWEATHER Affiant
SUBSCRIBED and SWORN to before me this 17 th day of September, 2014, at the City of Tacloban, Philippines. I hereby certify that I have personally examined the above-named affiant and that I am satisfied with the foregoing statements were given by him voluntarily and of his own free will.