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Republic of the Phililippines

REGIONAL TRIAL COURT OF LANAO DEL NORTE


10th Judicial Region
Branch 2
Iligan City

CHARLOTTE DE TORRES CV-FMY-2018-199

As represented by her Mother, FOR: SUPPORT WITH


KATE DELA CERNA SUPPORT PENDENTE
Petitioner, LITE

-versus-

WILLIAM DE TORRES
Respondent.

X--------------------------------------------X

JUDICIAL AFFIDAVIT OF WILLIAM DE TORRES

I. PRELIMINARY INFORMATION

A. Personal Circumstances of the witness.


Name: William De Torres
Address: Purok Santol Celdran Village, Camague Iligan City
Occupation: Overseas Contract Worker

B. Lawyer who conducted the examination.


Name: Atty. Harriet T. Virtudazo
Address: Permites Compound, San Miguel, Iligan City
Place of the Examination: 3F Japan Bldg, San Miguel, Iligan City

II. OFFER

The testimony of Mr. William De Torres s is being offered


to prove the following:

1. That they don’t have a love affair relationship with Kate


Dela Cerna. That at the time the child was conceived, he
did not feel initial apathy with the unborn child;
2. That he loved the child, considered her as his own and had
no intention to abandon nor gave no support;
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3. That he wanted to support the child the best he could give,
but due to financial constrains he cannot give a higher
financial allowance to the child through her mother,
considering that he is only an overseas contract worker,
particularly a welder;
4. That he consistently provides a monthly allowance for the
child;
5. That he supported the expenses for the safe delivery of the
child.
6. That he did not want the unborn child be aborted at the time
of its conception.
7. That he provided Kate Dela Cerna (Kate) financial support
on June 2017 contrary to the allegation of the petitioner.
8. That the purpose of Kate in filing this action is to ask for a
higher monetary support and not only for Charlotte De
Torres(Charlotte) but including herself.
9. Being an overseas contract worker only, the respondent
has no regular income to support himself, as well as the
child.

III. JUDICAL AFFIDAVIT PROPER

1. Question: Do you swear to tell the truth and nothing but


the truth only?
Answer: Yes Attorney.

2. Q: Will you please state your relationship with Ms. Kate


Dela Cerna?
A: Ms. Dela Cerna, Atty, is the mother of my child,
Charlotte Dela Torres.

3. Q: How did this relationship happen?


A: Charlotte De Torres, my child is a product of passion of
two consenting adults, Atty, hence this relationship.

4. Q: Please elaborate the situation Sir.


A: Kate Dela Cerna and I are having a dating relationship
before and as a consequence of that relationship, a child
was born namely Charlotte Dela Torres

5. Q: What happened during conception ?


A: When the child was conceived Sir, Kate Dela Cerna
became more aggressive and impulsive. She told me that
it was a mistake having a relationship with me. She also
told me that I don’t deserve to be the father of the child.
She even threatened me that she will abort the child. But I
told her to stop that kind of thinking because that’s a mortal
sin. Also, I pleaded to let the child live and I promised to
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her that I will give financial support to the child, including
her needs while conceiving and during delivery.

6. Q: Why is it that Kate acted that way?


A: It started Sir when I am suffering from a financial crisis.
Considering that I am only an Overseas Contract Worker,
my employment is highly dependent upon my contractual
relations with an employer abroad. If there is no
employment contract offered to me by the agency, I have
no means of supporting myself.

7. Q: At the time of the pregnancy, what did you do?


A: I supported the expenses and provided the needs of the
child and the mother, Atty. Also, I even borrowed money
from my mother to support the medical expenses as well
as the other expenses relevant to the childbirth and for
keeping the child healthy.

8. Q: What happened then?


A: Kate is not satisfied with my support, Atty, and she
demanded a higher allowance which I cannot give to her
because of my situation and other current predicament I
am facing now.

9. Q: Kate, the mother, allegedly wanted to abort the child


because you failed to support her monthly needs and of the
child’s need, what can you say about this?
A: All those things are not true, Atty. I love our child and I
even consider the child as mine. It is also not true that I
failed to support the child. In fact, I provided for the monthly
allowance of the child.

10. Q: How can you prove this?


A: I have with me, Atty., receipts, as my proof for the
remittances I sent to her for the monthly allowance of the
child. At the time when I don’t have any employment
abroad, I still provide monthly cash allowance for my child
out of my savings. Furthermore, I borrowed money from
my mother, if my savings can longer provide just to fully
fulfill my obligation to give P6,000.00 per month .

11. Q: If what you are saying is true, then why Ms. Kate,
insist that you failed to support the child?
A: Atty, in one of our arguments before, I found out that
she wanted to get more money from me. The increase on
the financial support is only her excuse to achieve her
desired result.

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12. Q: Why were you able to arrive at such conclusion?
A: Because that was her exact statement at that time, Atty.
I told her I can and am willing to support the child, but I
cannot support her expenses at the same time.

13. Q: Kate also alleged that you failed to deliver your


monthly support specifically on the period of June 2017.
What can you say about this?
A: That is not true, Atty. In fact I have with me a receipt
which will prove that I sent her the money.

14. Q: Now, is your conclusion true?


A: It is safe to conclude Atty., that Kate wanted to get more
money from me and she is only using the child as an
instrument to achieve her end.

15. Q: Your saying that you are an Overseas Worker, please


discuss your current employment status.
A: I am about to go to United Arab Emirates, I have a
monthly salary of Three (3) Thousand Dirhams per month
or P39,000.00 in Philippine currency, with a One Year
contract.

16. Q: After the expiration of your contract Sir, what will you
do then?
A: I will look for another overseas employment opportunity
Sir.

17. Q: How long will you wait for another employment? Or


the average waiting period?
A: The waiting period is almost 3-6 months considering
that working opportunities abroad is very slow due to
abundance of available manpower in our country.

18. Q: If you don’t have any job, what do you do?


A: I do nothing Sir and therefore I also don’t have any
income.

IN WITNESS WHEREOF, I have here unto set my hand this


____ day of February 2019, City of Iligan.

WILLIAM DE TORRES
Affiant

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ATTESTATION

I, ATTY. HARRIET T. VIRTUDAZO, of legal age, with office


address at 3F Japan Bldg, San Miguel, Iligan City, do hereby certify
that:

I propounded question to WILLIAM DE TORRES and faithfully


recorded or caused to be recorded the questions I asked and the
corresponding answers that WILLIAM DE TORRES gave, as above
stated.

Neither I nor any other person then present or assisting him


coached him regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ___


day of February 2019 at Iligan City.

HARRIET T. VIRTUDAZO
Affiant

SUBCRIBED AND SWORN to before me this ____ day of


February 2019, at Iligan City, affiants exhibiting to me their
respective competent evidences of identity: William De Torres, his
SSS No. 123455 and Harriet Virtudazo her Driver’s License 9865,
thus satisfactorily having proven their identities to me.

(Sgd) CHEZANIE CHELLE PUNONGBAYAN


Notary Public
IBP NO. 987654; 05/29/2019 Iligan City
PTR NO. 123456; 05/29/2019 Iligan City
Roll No.9876; 03/03/2019
MCLE No.I- 00987; 12/12/18

Doc No._____
Page No._____
Book No._____
Series of 2019.

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