Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 69, Taguig City

GEORGE J. SMITH,
Petitioner,

-versus- Civil Case No. 373432

For: Petition for
Declaration of Nullity of
Marriage
JUANA S. DELA CRUZ,
Respondent.

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JUDICIAL AFFIDAVIT OF
WITNESS BEN C. HOBBES

I, Ben C. Hobbes, of legal age, married, and living at Unit 2A One Serendra,
Bonifacio Global City, Taguig, witness in this case, state under oath as
follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Pedro Penduko with address at 3 Almanza

Uno, Las Pinas City. The examination is being held at the same address. I
am answering his questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of Ben C. Hobbes is being offered to
prove that there was no knowledge on the part of the petitioner George J.
Smith of the alleged marriage ceremony in Sofitel Plaza on December 25,
2015. It is also being offered to prove that the guests, including herein
witness, believed that the event that occurred in Sofitel Plaza was actually a
Christmas party and not a marriage ceremony.

1. Q. Please state your name and other personal circumstances for the
record.
A. I am Ben C. Hobbes, of legal age, married and living at Unit 2A One
Serendra, Bonifacio Global City, Taguig. I am currently working for
Jackson Global, as an Account Executive.

2. Q. Do you know the petitioner in this case, George J. Smith?

A. Yes sir.

3. Q. How do you know the petitioner?

A. I am his colleague at Jackson Global, as he is also an Account
Executive like me.

4. Q. Do you have a close personal relationship with the petitioner?

A. Yes, he is in fact, one of my best friends. We went here to the
Philippines together after being assigned by Jackson Global to become
expatriates here.

5. Q. Were you privy to the romantic relationships entered into by the

petitioner?
A. Yes, he tells me everything.

6. Q. Did you know about the romantic relationship between petitioner and
respondent, Juana dela Cruz?
 A. Yes, when he got back from Pampanga, he was already with Juana.
They were holding hands when we all met for the first time at lunch.

7. Q. In the weeks prior to December 25, 2015, did petitioner notify you of
the said event in Sofitel?
A. Yes, I received an invitation to that event. I told my wife to buy
something for the couple as we were going to attend a Christmas party.

8. Q. On the day of the event, how did you go to Sofitel?

A. George and I were together, as we had just come from an early
morning meeting with respect to an urgent matter in the office.

9. Q. What happened when you and petitioner arrived at Sofitel?

A. We were greeted by Juana almost immediately and she hugged
George.

10. Q. Who were the guests in the party?

A. I mostly saw relatives of Juana and most of them were dressed to the
nines. George was actually wearing a long sleeved polo, as he said Juana
picked it out for him that morning before going to the meeting.

11. Q. What did the setup look like in Sofitel?

A. It was a normal set up, and I observed that there was a table for gifts
so I put my gift to the couple on the said table.

12. Q. Did petitioner approach you during the event?

A. Yes, he approached me with a puzzled look on his face. I tried to ask
him what was wrong, but he had a blank stare and refused to speak to me. I
suspected something was wrong, but I didnt know what it was exactly at
that time.
13. Q. Did petitioner and respondent ask you to sign a document on the day
of the event?
A. Juana asked me to sign a piece of paper and as I was about to ask
what it was for, she quickly told me that petitioner just wanted a signature of
each person in the guest list because this was his first Chrismas party in the
Philippines and that he wanted to commemorate it.

14. Q. Did you see the contents of the document asked to be signed?
A. No, it was actually covered by another piece of paper, but Juana just
told me where to sign and as I was befuddled with all the activities in the
event, I was not able to fully ascertain the document.

15. Q. What caused you to be distracted?

A. There was an ongoing game of Trip to Jerusalem and everyone was
watching because the participants were highly competitive. It was a sight to
watch.

16. Q. Were there any indications that a marriage was taking place in the
said event?
A. No, there were none. There were only games and everyone was
shouting Merry Christmas at the top of their lungs.

17. Q. Did petitioner approach you after the end of the event?
A. No, he did not. But I observed that he was still in a shocked state and
he was already sitting in the corner, talking to nobody.

18. Q. Did you approach the petitioner instead?

A. Yes, he whispered that it was the last straw for Juana. He said that
Juana did despicable things today and that he intended to leave her as soon
as the baby was born.

19. Q. After the event, did you and petitioner talk about what transpired
during the event?
 A. Yes, when he sought for my advice about the predicament. He told me
that there appeared to be a marriage ceremony which he did not consent to.
Furthermore, he also believed that the solemnizing officer that solemnized
their marriage did not have authority.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of

March of 2017 at 3 Almanza Uno, Las Pinas City.

_______________________
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Las Pinas City, this 2nd day of March 2017. Affiant personally came
and appeared with British Passport with the Passport No. 209876 issued by
the United Kingdom Ministry of Foreign Affairs on April 2016 at London,
United Kingdom, bearing his photograph and signature, known to me as the
same person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of said
instrument.

Atty John Emmanuel E. Martinez

Notary Public
Doc. No. ____ Commission Serial No. 8099913
Page No. ____ Notary Public for Las Pinas City, Metro
Manila
Book No. ____ Until December 31, 2017
Series of 20__ Office: Unit 631 Robinsons Tower, Las
Pinas City
Roll No. 55432
IBP Lifetime Roll No. 46961; 04/25/2005 ; Metro
Manila
 PTR No. 569079 ; 06/06/2016 ; Metro Manila
MCLE Compliance Cert. No. 90765; 09/30/2015

I, Atty. Pedro Penduko, of legal age, Filipino, with postal address 3

Almanza Uno, Las Pinas City. after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Ben C.

Hobbes at my aforementioned office in 3 Almanza Uno, Las Pinas
City.

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

asked and the corresponding answer that the witness gave;

3. 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 2nd day

of March 2017 at Las Pinas City

________________________
ATTY. Pedro Penduko
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Las Pinas City, this 2nd day of March 2017. Affiant personally came
and appeared with Drivers License with the License Number 1089068
issued by the Land Transportation Office on January 2016 at Alabang,
Muntinlupa City, bearing his photograph and signature, known to me as the
same person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of said
instrument.

Atty John Emmanuel E. Martinez

Notary Public
Doc. No. ____ Commission Serial No. 8099913
Page No. ____ Notary Public for Las Pinas City, Metro
Manila
Book No. ____ Until December 31, 2017
Series of 20__ Office: Unit 631 Robinsons Tower, Las
Pinas City
Roll No. 55432
IBP Lifetime Roll No. 46961; 04/25/2005 ; Metro
Manila
PTR No. 569079 ; 06/06/2016 ; Metro Manila
MCLE Compliance Cert. No. 90765; 09/30/2015