Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

JA Expert

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 101
City of Sta. Rosa, Laguna

MARY JOY CRUZ


Petitioner,
Spec. Pro. No. XXX
For : Declaration of Nullity of
Marriage

JACKIE JUAN,
Respondent.
x------------------------------------------x

JUDICIAL AFFIDAVIT
OF
EXPERT WITNESS
(Dr. Hades)

A. Affiant is DR. JAY HADES, of legal age, female. Filipino, and with office address at
Alabang Town Center, Filinvest, Muntinlupa;
B. She is the expert witness who examined the petitioner in herein case and informants;
C. The examination of DR. Hades was conducted by ATTY. Y.
D. The examination of affiant and informants was held on April 26, 2019 at P. Tuazon,
Quezon City;
E. This Judicial Affidavit serves as DR. Hades’ direct testimony in the above-entitled case
on the Petition for Annulment of Marriage filed by MARY JOY CRUZ. As such, DR.
HADES testimony is being offered to prove the following:
(1) That she is an expert witness practicing her profession as a Medical Doctor
specializing in Psychiatry;
(2) That she examined the petitioner;
(3) That she has examined respondent and other INFORMANTS in this case;
(4) That based on interview and examination of PETITIONER and Informants, she finds
petitioner and Informants to be suffering from DEPENDENT PERSONALITY
DISORDER thus she is PSYCHOLOGICALLY INCAPACITATED to handle
essential marital obligations;
(5) That based on interview and examination of PETITIONER and Informant, she finds
respondent to be suffering from NARCISSISTIC personality disorder thus he is
PSYCHOLOGICALLY INCAPACITATED to handle essential marital obligations;
(6) That both personality disorder of petitioner and respondent are GRAVE and
INCURABLE and have manifested during early adulthood;
(7) That based on the foregoing findings, she recommends that the marriage of MARY
JOY to JACKIE be declared null and void, on the basis of their psychological
incapacity to essential marital obligations which manifested during early adulthood,
and which increased in gravity and severity from adolescence to present;
(8) To identify documentary and material evidence; and
(9) To prove other matters relevant and material in the case.
F. The entries after the word “Question” are the questions propounded by counsel and the
entries after the word “Answer” are the answers of the affiant to the corresponding question,
done in English.

1. Question : Please state what language or languages you know.


Answer : Tagalog and English are the languages that I know.

2. Question : Do you swear to tell the truth and nothing but the truth, so help you God?
Answer : Yes.

3. Question : Ms. Witness, are you fully conscious that you are under oath and that you
may face criminal liability for false testimony or perjury if you give false answer to the
question?
Answer : Yes.

1. Question : Will you please state your name and other personal circumstances.
Answer : My name is Hades, Filipino, of legal age, married and with office address
at Sta. Rosa, Medical Center, Balibago, City of Sta. Rosa, Laguna.

2. Question : What is the purpose of your presence here today?


Answer : I am here to testify as an expert witness in the case filed by MARY JOY
before this honorable court against respondent JACKIE.

3. Question : What is the nature of the case?


Answer : This case is for the annulment of the marriage on the grounds of
Psychological Incapacity.

4. Question : What is your profession which qualifies you to be an expert witness in


this case?
Answer : I am a medical doctor with specialization in Psychiatry.

5. Question : Do you have proof that you are a medical doctor?


Answer : Yes, I do have my PRC License with me,

Atty. Josie: Your Honor, presenting for marking is the PRC License as Exhibit ______.

6. Question : As a Medical Doctor, where and when did you obtain your medical
degree?
Answer : I graduated from De La Salle University-College of Medicine in 1995
and completed my specialization in Psychiatry at FELLOW CONSULTATION-
LIAISON PSYCHIATRY, INC. Psychiatry at the National Center for Mental Health
from 2000 to 2002.

7. Question : How long have you been practicing Psychiatry as a Specialization?


Answer : Since 2002 up to present.

8. Question : In your practice in Psychiatry, have you handled or examined cases


pertaining to Annulment of Marriages?

2|Page
Answer : Yes, I have. I have evaluated patients who are parties to annulment cases
and I have appeared before courts of law to present my findings and testify on my
recommendations. I was the psychiatrist in one of the cases on annulment of marriage
decided by the Supreme Court, with G.R. NO. 166357, Kalaw vs. Fernandez, January 14,
2015. I also co-authored a book, entitled ANNULMENT IN THE PHILLIPPINES,
Clinical and Legal Issues, Philippine Copyright 2010 and published and distributed by
Rex Bookstore, REX Printing Company, Inc. 84 P. Florentino St., Quezon City.

9. Question : Can you enumerate your experiences, training and publications which
establishes your expertise in your field?
Answer : Yes, in fact, in order to comprehensively enumerate my experiences,
trainings and publications in the field of Psychiatry, I have prepared my Curriculum
Vitae.

10. Question : I have here a document, can you tell if you can recognize this document?
Answer : (Witness examines the document.)This is my curriculum vitae with
attached Photocopies of my PRC License.

11. Question : Who prepared your curriculum vitae?


Answer : I caused the preparation of my curriculum vitae, in fact, I affixed my
signature in the first page thereof.

Atty. Agusti: You honor, may I have the honor to move for the marking of the Curriculum
Vitae of Dr. Jay Madelon Carceny as _______, her signature on the first page thereof as
Exhibit __________.)

12. Question : As the psychiatrist and expert witness in this case, have you examined
the parties?
Answer : I have examined the petitioner and respondent. I also interviewed other
informants, which includes, MARIA VICTORIA, a close friend the petitioner and
respondent and one their daughters.

13. Question : What other references did you had other than the interviews?

1) Answer : I also made reference to the Medical Certificate issued by Dr. Lariza
Bautista – Luna, FPOGS referring medical issues of the petitioner related to her marriage
with respondent.

14. Question : When and where did you conduct the examination of the petitioner and
the informants?
Answer : I conducted the examination on April 21, 2016 at Sta. Rosa, Medical
Center, Balibago, City of Sta. Rosa, Laguna.

15. Question : Why did Ms. Candelario consulted you?

Answer : She consulted me in connection with her marriage with the respondent
JACKIE. She has marital problems. She said that before they got married, respondent
has other girlfriends. She married the respondent because she became pregnant. She saw
messages from other women in the respondent’s mobile number. Respondent would get

3|Page
mad because she checks his phone. She was infected by a Venereal Disease by the
Question : Do you have additional statements?
Answer : None.

16. Question : Do you affirm and confirm the truthfulness of your answer?
Answer : Yes.

17. Question : Was there anyone who coached you in making your answers to the
questions in the Judicial Affidavit?
Answer : None.

18. Question : When the examination was being conducted, were questions and answers
properly recorded?
Answer : Yes. This Judicial Affidavit is the very record of the examination.

IN WITNESS WHEREOF, I hereunto affix my signature this _______th day of April


2019 in Quezon City, Philippines.

DR. JAY HADES


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public on this ___________


day of ______2019 at _________________, MARY JOY showing me her proof of identity, her
_____________________ issued on ______ issued at__________.

NOTARY PUBLIC

Doc. No. ______


Page No. ______
Book No. ______
Series of 2019

SWORN ATTESTATION

I, att. y, the counsel who conducted or supervised the examination of the witness,
faithfully recorded or caused to be record the questions asked and the corresponding answers of
the witness.

That neither I nor any other person present or assisting the witness coached the witness
regarding the latter’s answer.

4|Page
IN WITNESS WHEREOF, I hereunto affix my signature this _____________ day of
April 2019 in Quezon City.

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public on this __________ day of
February 2019 at _______________ affiant showing me her proof of identity, her IBP ID with
Roll No. 59297 issued on July 6, 2016 at Mandaluyong City.

NOTARY PUBLIC

Doc No.___________
Page No.___________
Book No. ____________
Series of 2019

5|Page

You might also like