Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
RTC Branch No. X
Butuan City
JUAN M. PEDRO
Petitioner,
-versus-

Civil Case No. 0112358

For: Declaration of
Nullity of Marriage,
Visitation Rights and Support

MARY P. BOPEEP
Respondent.
x- - - - - - - - - - - - - - - -x/
JUDICIAL AFFIDAVIT
OF PETITIONER JUAN M. PEDRO
I, JUAN M. PEDRO, 37 years old, married to MARY P. BOPEEP, a
resident of 25 Downing Street, Libertad, Butuan City, working as manager of
YYY Corporation, in answer to the questions asked by Atty. Annie A.
Batongbakal, in the presence of the Notary Public, Atty. Pandora S. Box, who
administered to me the oath, fully conscious that I do so under oath and that I
may face criminal liability for false testimony or perjury, hereby state as follows:
Q1: Please state your name, age, residence, and occupation?
A1: My name is Juan M. Pedro, 37 years old, married, a resident of 25 Downing
Street, Libertad, Butuan City, working as manager of YYY Corporation.
Q.2: Please state the name and address of the lawyer who is conducting or
supervising your examination and the place where the examination is held?
A.2: Atty. Annie A. Batongbakal is the one conducting my direct examination at
No. 7 Privet Drive, Bancasi, Butuan City.
Q.3: Are you making your statements under oath?
A.3: Yes, I am fully conscious that I am answering the questions under oath, I
am fully conscious that I do so under oath before Atty. Pandora S. Box.
Q.4: Do you know the meaning and significance of the oath that was earlier
administered to you?
A.4: Yes, I am aware that I have to tell the truth based on my personal
knowledge and based on documents that are material and relevant to the case.
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I am also aware that I may face criminal liability for false testimony or perjury if I
shall state any falsehoods.
Q.5: Are you the petitioner in this instant case Civil Case No. 0112358 For:
Declaration of Nullity of Marriage, Visitation Rights and Support ?
A.5: Yes.
Q.6 : Showing to you the petition, is this the one that you have filed marked as
Exhibit A?
A.6: Yes, this is the petition.
Q.7: Do you affirm and confirm the truthfulness of the contents of the petition?
A.7: Yes, I do.
Q.8: Do you agree that this will form part of your direct testimony?
A.8: Yes, I do.
Q.9: On the page marked as Verification and Certification of Non-Forum
Shopping, there is a signature above the name Juan M. Pedro, whose signature
is this marked as Exhibit A-1?
A.9: That is my signature.
Q.10: Who is the respondent in this case?
A.10: Mary P. Bopeep, she is my wife.
Q.11: When and where were you married?
A.11: We were married on November 8, 2005 in Butuan City.
Q.12: Do you have any document to prove that you are married?
A.12: Yes, I have a marriage certificate. It is marked as Exhibit B.
Q.13: Do you have any children with the respondent?
A.13: Yes, we have one child Harry B. Pedro. He was born on June 8, 2006 in
Butuan City.
Q.14: How old is he now?
A.14: He is now six years old.
Q.15: Do you have any document to prove his birth?
A.15: Yes, I have his birth certificate. It is marked as Exhibit B.
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Q.16: Who has the custody of the child?

A.16: We both share custody of the child. During weekdays, my son stays with
his mother, the respondent and on Sundays he stays with me.
Q.17: What arrangements, if any, do you have for support of the child?
A.17: We jointly support our child. I pay for the child's tuition which is P4,000 a
month since he is enrolled in kindergarten in the Hogwarts School for Boys. I
also buy about P1,000 worth of groceries for him a month for his snacks and I
pay for his medical bills; doctor's bills, medicines and others.
Q.18: Do you have any properties with your wife?
A.18: No, we have no substantial properties. The house in Diagon Alley,
Ambago, Butuan City is still under a housing loan and is not registered in our
names.
Q.19: How did you meet your wife?
A.19: She was my office mate in YYY Corportation. She was hired as a
customer service assistant sometime February 2005 in YYY Corporation while I
worked as a general affairs manager.
Q.20: When did she become your girlfriend?
A.20: She became my girlfriend first week of April, 2005
Q.21: What was your observation of her when she was still your girlfriend?
A.21: She was attentive and caring to me although there were times when we
quarreled because she got jealous of the things that my former girl friends left
me, like greeting cards and pictures. She wanted to get the greeting cards that
my ex girl friend gave me because she wanted to tear it to pieces.
Q.22: How did you respond, if any, to her behavior?
A.22: I find it difficult to understand her behavior because the things that she
was upset about were given to me by previous girl friends, two to three years
before we met. They were history to me but it was an issue to her.
I tried breaking up with her sometime June of 2005 because I did not like her
attitude when she gets angry. She would scream at me and she would swear
at me. She did this when I initially refused to give the tokens from my ex- girl
friends.
But she threatened to jump out of our office building so I did not insist on
breaking up with her. I was afraid she would hurt herself.
I tried to break up with her twice, July 2005 and on September, 2005 but I did
not go on because every time I told her we were finished, she would threaten to
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hurt herself. She used to repeatedly pinch her wrist with her fingernailsand she
told me she had slashed her wrists in the past.
Q.23: So why did you decide to marry her?
A.23: I discovered sometime October, 2005 that she was pregnant with our
child. So, I decided to marry her.
Q.24: How was your relationship at the time that you got married?
A.24: Our relationship got worse. She had mood swings. I thought it was
because of her pregnancy. Then after the baby was born, she was depressed.
There were days when she was okay and there were also days that we fight.
She would nag me because we were living with our aunt in Misery Road and
she wanted to leave my parents house.
Q.25: What if any did you do in response to her behavior?
A.25: I encouraged her and prodded her to consult a psychologist or counselor
but she refused to do so.
Q.26: Was there any violence between you?
A.26: Yes. She would hit me or slap me or injure herself.
Q.27: Why was she violent?
A.27: I dont know why. But I was told by her parents that she was hard headed
and she always wants to get her way. I noticed that she was spoiled by her
family because of her beauty. Everybody wanted to please her so she is used
to having her way. I also learned from her that she used shabu before when she
was in college. She is hot tempered and moody.
Q.28: What do you fight about?
A.28: She would get angry over petty things like arrangement of things, where
the toothbrush or soap should be placed.
She was very overly meticulous
about the arrangement and placement of things.
Q.29: What about money, do you fight about money?
A.29: Yes. She wanted to have money to buy clothes and to go out to malls.
But money was tight at that time because we were building our home. She
wanted to get P2,000 a month for her own allowance. Even if it was difficult for
me as the only breadwinner, I gave her money.
Q.30: Was she jobless at that time?
A.30: Yes, she was jobless for a time when she gave birth. She got a job
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sometime late November, 2007 in Bunot & Silhig Company.

Q. 31: Previously, you said that the respondent wanted you to move out of your
aunt's house, did you ever move out?
Yes, we did. We moved to our home in Diagon Alley, Ambago, Butuan City.
Q.32: When did you move to Diagon Alley, Ambago?
A.32: We moved sometime January, 2008.
Q.33: How was your relationship with her now that you were already living in
your own home?
A.33: It was still the same. She was always complaining. Since the house was
not yet finished, she complained about it. She wanted to go out. She wanted
more money. She wanted a car of her own.
Q.34: What is your response, if any, to her complaints?
A.34: I tried to make her understand to be contented with what we have. I
consider ourselves as fortunate because we have a car of our own and we have
a house. I have a stable job and we have two helpers. We have a comfortable
life but she was not contented with it. She wanted more.
Q.35: Why, is her family rich?
A.35: They are a middle class family. I come from a lower middle class family. I
was able to improve my lot because of my work.
Q.36: You said that she resumed working in November, 2007, did things improve
between the two of you?
A. 36: It worsened because she was then going out with friends at work. She
changed. She became more wild, she also wore skimpier and sexier clothes.
I noticed that around September or October of 2008, she was going out more
frequently. She returned home at 12 midnight or past 12 already.
She also admitted to me that she resumed using drugs, saying she is using
marijuana because she is stressed. She even showed me a marijuana stick in
her handbag and invited me to use it. She said it was given by her male boss.
Q.37: So what did you do when you noticed her change of behavior?
A.37: At first I disagreed with her going out and going home late. But we would
fight because she insisted on going out. So I just let her do what she wanted.
But there were times when we fought about it. She said she is tired of staying at
home and to forget her problems.
Q.38: Why, what were her problems?
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A.38: All she told me is that she is not happy with the way things are. She was
discontented with our life.
Q.39: What happened then, if any?
A.39: Sometime October, 2008, when she arrived home after a night out, I
noticed that she was texting someone and then she deleted her message right
away.
I got her phone and I noticed that she was receiving and sending a text
message from her male boss, Luis C. Malfoy. It was around past 12 midnight
already. I asked her about the text messages with her boss and she refused to
say anything about it and we argued about it.
I asked her what was her relationship with her boss but she denied there was
anything going on between them. She did admit that her boss was with her
when she goes out but it is an outing with co-workers.
Q.40: What happened, if any, after that?
A.40: I noticed in November, 2008 that she went out even more frequently. She
goes out every weekend. Also, she no longer slept beside me. She slept at the
foot of our bed.
Q.41: What, if any, was your response to her behavior?
A.41: I asked why she was no longer sleeping beside me.
Q.42: What, if any, was her reply?
A.42: She told me that she could not sleep beside me. But I do not believe her
because she had been sleeping with me since we got married and it was only
that November when she told me that she could not sleep beside me.
Q.43: You mentioned that she no longer slept beside you, what else if any did
you observe about her behavior?
A.43: When she no longer slept beside me that was also the time when she
refused to have sex with me. Before November, we had sex regularly.
Q.44: What, if any, happened that November, 2008?
A.44 : She left me. She packed her things and went to stay with a friend for a
week.
Q.45: Why did she leave, if you know?
A.45: We had a fight because I refused to let her go out with her co-workers and
her boss that Saturday, November 18, 2008. I told her she should not go out so
frequently because she is a wife and a mother. I told her Sigi kag laag mura
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kag dili minyo. (You keep going out as if you are not married)
She pushed me and threw our wedding ring at me and she told me Dili nako
imong wife (I'm no longer your wife). She packed her bags and asked me to
bring her to her friends house. I just acceded to her, hoping that we could
reconcile once she has calmed down.
Q.46: Did she return to your home?
A.46: Yes, she did that December 8, 2008. But I learned that while she was
staying with her friend on Dec. 6, 2008, a Saturday she had gone out. The
helper of her friend told me she was out until 3 a.m.
I also learned from the girlfriend of her brother that she was seen holding hands
with Mr. Luis C. Malfoy at Azkaban Bar, Langihan.
Q.47: How was your relationship when she returned home?
A.47: We were trying to reconcile with each other but she would still go out. I
confronted her and asked her about her relationship with Mr. Malfoy but she still
denied it.
Sometime December 23, 2008 after their office Christmas party, a friend of mine
saw them in Hogsmeade Bar acting like lovers. So I went to the restobar and I
saw Mr. Malfoy with his arm around Mary, they were holding each other closely
and dancing sensually, grinding their hips.
Q.48: What if any, did you do, after seeing your wife and Mr. Malfoy?
A.48: I just watched them. I just wanted to see for myself if it is really true that
she is having an affair with Mr. Malfoy. I did not confront Mr. Malfoy but later that
night, I talked to Mary and told her I saw her with Mr. Malfoy and then she told
me that she was leaving me for him.
Q.49: What, if any, did you do then?
A.49: I left the house and went to my aunts house in Misery Road. The
following morning, Dec. 29, 2008 she kept sending me text messages, begging
me to go back and saying sorry. One of her text messages said Im sorry for
everything. Its all my fault. Thank you for taking care of me. I will never be a
problem to you anymore. Take care of Harry.
Other text messages she sent mentioned that she would rather die. I did not
reply to her text messages right away.
Q.50: What significant event, if any, happened, after that?
A.50: I went back to the house and confronted her. All she said was sorry. I
gave her a choice to break up with Mr. Malfoy and stay with me. I told her that
to show her sincerity in reconciling with me, she should give up the gifts that Mr.
Malfoy gave her which was a hand bag, a pair of shoes and Ipad.
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But she would not give it up and she opted to leave and stay with her friend in
Langihan, Butuan City. She packed her things and went to her friend on a
tricycle.
Q.51: What happened, if any, after she left you?
A.51: The following day December 30, 2008, she called me up and she said she
wanted to talk things over. I agreed to reconcile provided that she stop seeing
or communicating with Mr. Malfoy. She moved back to our house.
Q.52: So what happened, if any, after her return to your home?
A.52: On December 31, 2008 I caught her again texting Mr. Malfoy and then she
deleted the messages. So we had another fight.
On New Years Eve, she insisted on going out despite our agreement that she
behave as my wife and as a mother. She packed her things again and went to
her friends house.
Sometime Jan. 5, 2009, I stayed outside her friends house waiting for her to
return because I wanted her to come home. I saw her arrive at 1:30 a.m. and I
noticed that she got off the car of Mr. Malfoy. I recognize his car because of the
license plate and I also recognized him when I followed his car.
A few days after, I sent her a text message about seeing her being dropped off
by Mr. Malfoy and she denied it.
Q.53: What happened, if any, after this incident?
A.53 : Sometime January 15, or 16, 2009, Mary's aunt interceded between us
promised that she would not see her boss anymore and would limit her going
out at night to every weekend only and focus more on her role as a wife and
mother to save their marriage. She returned to our home in Diagon Alley.
Q.54: So, can you tell us how was her behaving after her return?
A.54: She still went out almost every night instead of honoring our agreement.
She said she is very stressed. One week she went out every night from
Wednesday to Saturday. Then on Jan. 24, 2009, a Saturday, I picked her up
drunk in her friends house. We argued again because I discovered that Mary
lied about where she had been and she told me she doesn't want to stay in the
marriage anymore. She left our house sometime January 30 or 31, 2009 and
has been living separately from me since then.
Q. 55: Can you tell the court if you have any idea why your wife is behaving like
this?
A. 55: I believe she has a psychological disorder and also it has something to do
with her family background. Her father talked to me before in order to have a
reconciliation between me and Mary and he told me that his wife also had a
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history of infidelity. He said he even confronted the man involved with his wife.
He advised me to just pray and forgive my wife.
Q.56: What about your son, what happened to him, if any?
A.56: Our son was left with me. We initially had an agreement that our son
would stay with me during weekdays and on weekends, he would be with Mary.
However, last Feb. 14, 2009, Mary did not give back our son to me. In 2010 she
allowed me to have access to my son since I insisted on seeing him.
Q.56: How often do you see your son?
A.56: Right now, I see him every weekend and on certain holidays. I am content
with our arrangement right now of shared custody, wherein I see my son on
weekend and holidays.
Q.57: What arrangement, if any, do you have for the support of your son?
A.57: I am paying for the child's tuition at P64,000 a month, groceries of P9,000
a month and I pay for my child's health care such as doctor's bills, medicines
and other medical expenses. Of course, I also buy my son clothes, toys and
other necessities.
Q.58: What are the chances if any, of you reconciling with your wife?
It is already remote. My wife continues to have relationship with other men. I
believe she is not fit to be my wife.
Q.59: What are you asking from the court?
A.59: I am asking for the court to grant my petition for nullity of marriage on the
ground that my wife is psychologically incapacitated. I am also asking the court
to grant me and my wife joint custody of our son.
Q.60: In summary, how would you describe your wife's capacity to fulfill her
marital obligations?
A.60: She is unable to assume one of the essential martial obligations, to
observe love and respect to me as her husband, by being unfaithful
irresponsible, carefree and insensitive. She is having an extra-marital affairs
with other men. As proof of her infidelity, I have attached Exhibit F to F-6
which are pictures of her and Mr. Malfoy that was taken by Hermione G. Ranger.
She did not act like a wife to me and was more preoccupied with having fun,
going out with friends instead of focusing her attention on me and our son.
She failed to render mutual help and support by complaining about our living
conditions and demanding more from me even though I could not afford it. She
resumed her drug use, even showing me a stick of marijuana in her bag and
inviting me to use drugs. She is a chronic liar, having lied to me repeatedly that
she has ended her affair with her boss. She is also violent and self-destructive.
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Q.61: Do you confirm and affirm that the foregoing statements are true and
correct and based on your own personal knowledge?
A.61: Yes, I do.
IN WITNESS WHEREOF, I have hereunto affixed my signature this February 5,
2013 in the City of Butuan, Philippines.
XXXXX
JUAN M. PEDRO
Driver's License No. 5813
Expires on 2013-9-19
ATTESTATION
I faithfully recorded the questions I asked Mr. Juan M. Pedro and the
corresponding answers he gave me; neither I nor any other person present
coached Mr. Pedro regarding the answers.
XXXXX
ATTY. ANNIE A. BATONGBAKAL
Roll No. 422335
PTR No 555999, Jan 2, 2013, Butuan City
IBP No. 890657 Lifetime, Butuan City
SUBSCRIBED AND SWORN TO before me, a notary in the City of
Butuan,
personally
appeared
above
name
with
his/her/their
Passport/Identification Card/Community Tax Certificate Number as shown
above, who is/are personally known to me to be the same and/ or identified
through competent evidence of identity as defined by Rules on Notarial Practice,
who presented the foregoing instrument and signed the instrument in my
presence, and who took an oath before me as to such instrument.
Witness my hand and seal this February 5, 2013.
Doc. No. 89
Page No.50
Book No. XX
Series of 2013

XXXXXXXX
ATTY. PANDORA S. BOX
Notary Public for Butuan City
Notarial Commission No. 590
Until December 31, 2013
25 Downing Street, Libertad,
Butuan City, Philippines
Roll No. 422335
PTR No 555999, Jan. 2, 2013, Butuan City
IBP No. 890657 Lifetime, Butuan City

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