Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
QUEZON CITY
Branch 666

HILMINIGILDO PINIPENDOT,
Petitioner,

-versus- CIVIL CASE NO. 17-007

FOR: Annulment of Marriage
Article 45(2), Family Code

GORGONIA MAGALPOK,
Respondent.

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JUDICIAL AFFIDAVIT OF
DR. JAY MARK LEYVA
I, DR. JAY MARK LEYVA, am hereby executing this
affidavit in lieu of direct testimony pursuant to the Judicial Affidavit
Rule. I am to be examined by ATTY. LOTIS R. OLIVA in her office
located at No. 257 Rose st., J.L., Quezon City. The questions and
answers will be in English and / or Filipino language which I
understand, and fully conscious that I do so under oath and under
pain of perjury or false testimony.

DR. JAY MARK LEYVA

Affiant-Witness

Offer of Testimony:

The testimony of the witness, DR. JAY MARK LEYVA, is

respectfully being offered in support of this Petition for Declaration of
Nullity of Marriage, specially, that:

1) He was a close neighbor to Petitioner and his family.

 2) He is a confidant to Petitioner since he and his family
moved to the same place of residence with Respondents
when the latter married Petitioner.
3) He witnessed the married life of Petitioner and
Respondent.
4) He witnessed how the Respondent abused the Petitioner
who was of unsound mind and how the Respondent
spent the Petitioner’s money in an extravagant and
useless manner to the serious prejudice of the latter.
5) He will prove the material allegations in the Petition and
the Petitioner’s entitlement to all his claims therein.

` EXAMINATION
1. Q: Mr. Witness, can you kindly tell this Honorable Court your
personal circumstances, such as your full name, age, address,
and occupation

A: Yes Sir, I am Dr. Jay Mark Leyva, I am 62 years of age,

residing at No.2 Green st., Brgy. Central, Diliman Quezon City.

2. Q: Mr. Witness, why did you execute this Judicial Affidavit?

A: This is to serve as my testimony and to prove the
circumstances surrounding the marriage between Hilminigildo
Pinipendot and Gorgonia Magalpok, the Petitioner and
Respondent in this case.
3. Q: How did you come to know of such circumstances?

A: The Spouses and I were neighbors when they lived in our

Barangay when they got married. I have lived in our Barangay
since the 1990’s while Hilminigildo and his family arrived
sometime in the early 2010. We have been family friends since
then. I stood as a confidant to Hilminigildo who was a retired
service member of the United States Navy.

4. Q: What happened to the marriage of the Petitioner and the

Respondent if there be any?

A: Gorgonia could not live up to the role of a wife to

Hilminigildo.

5. Q: What is your basis if there be any for saying so?

 A: I live just across the street from Hilminigildo’s house. We
invite each other to family and Barangay events. Several days
have passed, I noticed some mischief, naughtiness,
wickedness, and malicious behavior and attitude of the
respondent against the petitioner. I also seldom talk to the
petitioner because suddenly he was no longer showing up. I
asked Gorgonia one time how is her husband doing and why is
he not visible outside their house which is unusual because he
would often ask me being a doctor of opinion or advise in
relation to his medications however, Gorgonia answered that
her husband just does not want to associate that much with
their neighbors.

5. Q: How was Respondent as a wife if you know?

A: She was just quiet when I was around and I did not want to
pry too much on their private lives but I could not help but
notice that Gorgonia was always away with her friends and
goes home late . At day time, I often see Gorgonia coming
home with brand new stuff which according to other neighbors
aside from this, they also witnessed how the Respondent in
other way spent the money of the Petitioner in an extravagant
and useless manner to the serious prejudice of the latter. I
also heared sometime how Gorgonia talk to the Petitioner in a
very loud voice asking the Petitioner to do some stuff in relation
to his monthly monetary compensation due to service-
connected disability. I also learned of the Certification issued by
the Office of the Sangguniang Barangay, stating that there ws
a violence committed because of the mental state of the
petitioner.

6. Q: What are your other observations if there be any to the

marriage between Petitioner and Respondent?

A: I see that they are better off apart specially for the welfare
of Himinigildo who was of unsound mind, being abused by his
wife and to award the custody of his person to his family.

FURTHER AFFIANT SAYETH NAUGHT.

 Dr. JAY MARK C. LEYVA
Affiant

SUBSCRIBED AND SWORN to before me this 17th of July 2017, in

Quezon City, Metro Manila, affiant exhibiting as CEI (competent
evidence of identity): PRC ID No. 28-57552.

Doc No.
Page No.
Book No.
Series of 2017.

III. ATTESTATION CLAUSE

I, ATTY. LOTIS R. OLIVA, do hereby attest and certify

that:

1. I am the lawyer who personally conducted and supervised the

examination of the above-named witness, DR. JAY MARK
LEYVA;
2. I personally caused to be recorded all the questions I
propounded and the corresponding answers given by said
witness;
3. Neither I nor any other person present coached the witness
regarding his answers and I made sure that he understood the
questions asked.

ATTY. LOTIS R. OLIVA

SUBSCRIBED AND SWORN TO before me this 17th of July

2017 at Quezon City; affiant exhibited as CEI (competent
evidence of identity): Integrated Bar of the Philippines ID Card
with Number 28572 and Lifetime Roll of Attorneys No. 57782.