National Capital Judicial Region BRANCH ___ LAS PINAS CITY
ABC, Petitioner,
– versus – CIVIL CASE NO. ______
XYZ, FOR: _______________ Respondent. x------------------------------x JUDICIAL AFFIDAVIT OF PETITIONER ABC
I, ___________________, of legal age, married, and
living at ___________________, petitioner in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty.
___________________ with address at ___________________. 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 petitioner
___________________ is being offered to prove that the respondent ___________________ contracted marriage twice, ___________________ on ___________________, and later with the petitioner ___________________ on ___________________ while the respondent’s previous marriage with ___________________ was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage with the respondent she was previously married to ___________________ on ___________________, which marriage was still valid and subsisting at the time she contracted marriage with the respondent. The petitioner’s 2
testimony is also offered to prove the legal basis for the
declaration of nullity of the petitioner’s marriage with the respondent, the same being bigamous.
1. Question (Q): Please state your name and other
personal circumstances for the record. Answer (A): ___________________.
2. Q: Are you the same ___________________, the
petitioner in this case? A : Yes sir.
3. Q: Do you know a certain ___________________?
A: Yes sir. He was the man I married on __________.
4. Q: How did you meet him?
A: ____________________________________.
5. Q: Are you still living with ___________________?
A: We have separated since __________________.
6. Q: Do you have of proof your marriage with _______?
A: Yes sir, I have a marriage contract (Exhibit “A”).
7. Q: Do you have children with ________________?
A: We have one (1) child namely, _______, now ____ years old.
8. Q: What is the reason for your separation?
A: The respondent’s infidelity of and lack of sense responsibility. He was jobless, a drug addict and did not care to provide the needs of our family. He was dependent on me.
9. Q: How about a certain ___________________, do
you know her? A: Yes sir, he was the woman ___________ previously married on ___________________.
10. Q: Do you have proof of marriage between _______
___________________? A: Yes sir, I have a marriage contract (Exhibit “B”). 3
11. Q: What was the status of the marriage between
__________________ and ___________________ when ___________________ got married to you? A: His marriage with ___________________ was still valid and has not yet been legally dissolved when he married me.
12. Q: Aside from marriage contract, do you have other
documents to prove the ________________ married ________________ and yourself? A: Yes sir, I have a Certification (Exhibit “C”) from the National Statistics Office (NSO) showing ____________’s record of having two marriages, to __________________ and myself.
13. Q: How about you, do you have previous marriage
when you married when you marry ___________________? A: Yes sir, I was previously married to ___________ on ________________.
14. Q: Do you have proof of your previous marriage with
___________________? A: Yes sir, I have a marriage contract (Exhibit “D”).
15. Q: Do you have other proof that you are in fact
married to _______________ and to ________________? A: Yes sir, the NSO Certification (Exhibit “E”).
16. Q: What was the status of your marriage with
______________ when you married ________________? A: __________________ was still alive and my marriage with his was still valid and has not yet been legally dissolved when I married ___________________.
17. Q: You are saying that both of you and the
respondent have previous marriage at the time you marry each other? A: Yes sir.
18. Q: Do you have pre-nuptial agreement with the
respondent regarding your properties? A: None Sir. 4
19. Q: Do you have common properties with the
respondent? A: None sir.
20. Q: Do you and the respondent have common
creditors? A: None sir.
IN WITNESS WHEREOF, I have hereunto set my hand
this _____ day of ___________ 2018 at ___________.
___ABC___ Affiant
SUBSCRIBED AND SWORN to before me this
___________ at (Place of Oath), affiant exhibiting to me (Competent Evidence of Identity), as the same person who personally signed before me the foregoing Judicial Affidavit and acknowledged that he executed the same.
Doc. No. 143; (Name of the Lawyer)
Page No. 029; Notary Public for and in the City of _______ Book No. I; Appointment No. _____ Series of 2017. Until December 31, ____ PTR No. _____–(Date and Place of Issue) Roll of Attorney No. __________ (Date) IBP No._______ (Date and Place of Issue) MCLE Compliance No. _______ – (Date) (Address of the Lawyer) 5
ATTESTATION
I, (Name of the Lawyer), of legal age, Filipino, with postal
address at ____________________________, after being duly sworn depose and say:
1. I was the one who conducted the examination of
witness (name of the witness/affiant) at our office address above-stated;
2. I caused to be recorded the questions I asked, and the
corresponding answers that the witness gave, in Filipino/Tagalog language;
3. I nor any other person then present or assisting her
coached the witness regarding her answers.
(Name of the Lawyer)
SUBSCRIBED and SWORN to before me in the City of
________________ by (Name of the Lawyer), personally known to me, who is the same person who personally signed before me the foregoing Attestation and acknowledged that he executed the same.
Doc. No. ____; (Name of the Lawyer)
Page No. ____; Notary Public for and in the City of _______ Book No. ____; Appointment No. _____ Series of ____. Until December 31, ____ PTR No. _____–(Date and Place of Issue) Roll of Attorney No. __________ (Date) IBP No._______ (Date and Place of Issue) MCLE Compliance No. _______ – (Date) (Address of the Lawyer)