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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
LAS PINAS CITY, BRANCH ______

PEPITO S. PLAMARA, JR.,

Petitioner,

- versus - SP. PROC.No. ______________

For: CUSTODY and CUSTODY
PENDENTE LITE

KRISTINE BERNADETTE MONSALES

PLAMARA,
Respondent.
x-----------------------------------------------x

JUDICIAL AFFIDAVIT

Name: PEPITO PLAMARA y SAN JUAN

Address: #272 Dona Macaria St., Pamplona Village, Pamplona I, Las
Pinas City
Occupation: Electrical Engineer
Age: 38
Place of examination: SM Southmall, Las Pinas City
Date of examination: 10 May 2019

Purpose:

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A. To prove that petitioner/witness is entitled to custody of the two

minor children between him and his wife, the respondent
herein, by reason of the irresponsiblity of the latter in handling
finances and failure to care for the well being of said children,
as required by law; and
B. To prove other matters relevant to this case.

I, PEPITO PLAMARA y SAN JUAN, of legal age, Filipino

citizen, after having been sworn in accordance with law, hereby
depose and state that:
a. I shall truthfully answer the following questions to be
asked to me; and
b. I am fully conscious that I am under oath, under the pain
of criminal liability for false testimony or perjury.

In view thereof, I hereby give my answers to the following

questions to wit:

WITH THE PERMISSION OF THE HONORABLE COURT:

Q1: Mr. Witness, how long have you and respondent been married?
A: Seven years last 8 May 2019.

Q2: Where did you meet?

A: We met through my friends last February 2012.

Q3: And how soon after that did you get married?
A: We got married in May 2012.

Q4: What did you like about the respondent?

A: We had common ideas, likes and interest. Aside from the
physical attraction, I liked her attitude, for a mother of three kids
already.

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Q5: After you got married, what happened?

A: Before I met her, I already had started paying for a house and
lot in BF Resort, at Block 17, Lot 6B, Chester Babst Street, Talon 2,
Las Pinas City. My loan was for ten years starting 2011. So after we
got married, we moved in to my house in BF Resort last May 2012;

Q6: Then what happened?

A: In June 2012 I went back to work, boarded a vessel and was
away for around 11 months.

Q7: Why did you board a vessel?

A: I was working for Magsaysay MOL Marine, Inc., since 2004. I
would be assigned to work on their vessels.

Q8: Do you have proof of this?

A: Yes sir. I have a certification from the company as to my
employment and trips since 2004.

A copy of this Certification was previously marked as our Exhibit ___.

Q9: Then what happened?

A: We eventually children. Bryelle was born in 26 March 2014,
Karleigh was born last 21 January 2018.

Q10: How was your relationship with the respondent?

A: After we got married, we were very happy. I was an overseas
Filipino worker, she was a housewife. I was able to send money
regularly, every month, around 20% of my salary, through bank
remittance of the company to her bank account with BDO;

Q11: Then what happened?

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A: Last 2017, I decided to sell our old car, a 2004 Honda Civic.
Before I boarded a vessel last May 2018, I asked my wife to sell and
look for a buyer for the car, for no less than Php200,000.00;

Q12: And then what happened?

A: After I left in May 2018 I did not hear any news about the car. I
would ask her through social media messaging and voice calls, but
she could not say what happened to the sale, if there was one at all.

Q13: And then what happened?

A: In June 2018 she said she had a buyer. I prepared and sent a
Deed of Sale with my signature to facilitate the sale.

Q14: And then what happened?

A: She didn’t tell me again what happened to the sale. I followed it
up every day but she had no definite response.

Q15: And then what happened?

A: I eventually found out that the car was “sold” for only
Php170,000.00 and she did not remit the money to me, she did not
deposit it to any account. She could not explain what happened to
the money.

Q16: What did you do, if any?

A: I decided to leave it be for the time being and just let things go
on like before - I work abroad, I send money to her via my
ATM/payroll account.

Q17: Then what happened?

A: From June to September 2018, I noticed that my payroll ATM
account would be drastically depleted. Only around Php10,000
would be left before the next payroll debit every 27th of the month. My
monthly payroll was around Php170,000.00. Our monthly expenses
total around Php76,274.49, payment for the housing loan, car loan,
utilities and grocery. So I was alarmed that no money was being left
as savings.

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Q18: Then what happened?

A: I blocked the ATM card for my payroll account, which I left with
her before I boarded the vessel. This was the account where she
would withdraw money for our regular expenses.

Q19: What happened after, if any?

A: I transferred the balance of my ATM payroll account to my
sister, Marites, and my wife would then go to her to ask for money as
needed.

Q20: Then what happened?

A: Last _____ 2018, she went to my sister Marites to ask for
money for payment of the car loan. Because I transferred money to
my sister, and the auto loan was under an auto debit arrangement,
one month was not paid. So I told Marites to give my wife the one
month payment for the car loan. The following month, I was not able
to transfer funds from my ATM account right away to my sister, and
BDO deducted around two months’ payment for the car loan from my
payroll account. This meant that one month payment for the car loan
was not paid, the month that was supposed to have been paid by my
wife.

Q21: Then what happened?

A: I confronted her about this and all she said was Sorry.

Q22: Then what happened?

A: I blocked her from my social media messenger until I went
home last February 2019.

Q23: Then what happened?

A: When I got to our house, I found that she had left, took the
children with her, to Batangas. Through my sister, I contacted her
and arranged a meeting at Festival Mall, in Muntinlupa.

Q24: When was this meeting?

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A: We met at Festival Mall last ____. It was supposed to be just

us, but she showed up with her mother, sister, her sister’s 3 children,
my wife’s other 2 children, her sister’s husband. We ate at _____.
Afterwards, my wife asked me to go shopping for clothes, shoes, and
other things for our kids, for her sister’s kids. All in all I spent around
Php50,000.00. Before we met, she asked me for Php10,000 for fare
and milk, which I sent through bank transfer. The balance went to
food and clothes/shopping.

Q25: Then what happened?

A: I went with them back to Batangas and I stayed there for 3
days.

Q26: Why did you do that?

A: I wanted to patch things up with us, so that our family could be
together.

Q27: Then what happened?

A: We never got to talk about what was going on, why she left with
the children. I found out Bryelle wasn’t enrolled that school year, 2018
to 2019. I just played with my kids, and eventually went back to our
house and my wife allowed me to bring the two children with me. My
sisters Marites and Irene fetched us from Batangas.

Q28: Then what happened?

A: I brought my baby Karleigh for her check up at the Asian
Hospital last 22 February 2019, and found out the baby’s last check
up was last July 2018.

Q29: Do you have proof of this?

A: Yes, we have a copy of the Karliegh’s baby book showing her
record of hospital visits and check up.

A copy of this baby book record was previously marked as our Exhibit
____.

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Q30: So what did you do?

A: Because the baby missed some vaccinations, the doctor went
and administered the vaccines to the baby.

Q31: Then what happened?

A: My wife visited us at home, we went out together sometime last
March 2019. We went to SM Southmall around 5pm and went home
at around _____. When we got home, my wife took Bryelle and
started walking away. I followed them and asked where they were
going. She said they were going home. I asked them to get in our
car, and she asked to be dropped off at J. Rizal Street, along Alabang
Zapote Road, near a Petron. She got off with Bryelle, crossed to the
other side and boarded a jeep.

Q32: Then what happened?

A: Because of what was happening, and my failure to settle things
on my own, I decided to seek legal advice. The boyfriend of one of
my nieces recommended you sir, so we asked for a meeting to
discuss my situation.

Q33: Then what happened?

A: After you explained our rights, I decided to file this petition for
custody of my two children.

That would be all for this witness.

IN WITNESS WHEREOF, I have set my hands this ____ May 2019 at

Las Pinas City.

PEPITO PLAMARA y SAN JUAN

Affiant

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SUBSCRIBED AND SWORN to before me this

___________________ at ______________ City, the affiant
personally known to me and exhibited to me his/her proof of identity,
Driver’s License No. N26-13-015240 valid until 18 October 2023, as
competent evidence of his/her identity, and who personally signed the
foregoing Judicial Affidavit before me and acknowledged to me that
the same is his/her free and voluntary act.

WITNESS MY HAND AND SEAL on the date and place first

above written.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2019.

ATTESTATION

I, JOSEPH JOHN GERALD M. AGUAS, of legal age, Filipino, married

and with residence address at 28 Gonzales St. Sinagtala BF Homes,
Paranaque City, after being duly sworn, do hereby depose and state
that I have faithfully recorded the questions asked of the witness and
her corresponding answers thereto. No person assisted the witness
with her answers to the questions propounded by myself.

IN WITNESS WHEREOF, I have hereunto signed this

attestation on ______________ in Paranaque City.

JOSEPH JOHN GERALD M. AGUAS

28 Gonzales St., Sinag Tala Subdivision, BF
Homes, Paranaque City 1700
PTR No. 6367679, 4 Jan 2018 Lucena City
IBP Lifetime No. 761/Roll No. 38313
MCLE Compliance VI 8203 14 April 2022
Tel. no. 09178422668

SUBSCRIBED AND SWORN to before me this

___________________ at ___________ City, affiant personally
known to me and exhibiting to me his Driver’s License No. N04-86-
028780 issued last February 2018.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2019.