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Judicial Affidavit Petitioner - Revised v5.1.23

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


REGION VI
BACOLOD CITY
BRANCH 50-FC

JUANA SAN PEDRO–DELA CRUZ CIVIL CASE NO. 2023-100


Petitioner, FOR: NULLITY OF MARRIAGE

versus

PABLO JOSE DELA CRUZ


Respondent.

JUDICIAL AFFIDAVIT OF
PETITIONER

I, JUANA SAN PEDRO-DELA CRUZ, of legal age, married, and living


at Purok Rosas, Taculing, Bacolod City, petitioner in this case,
after having been duly sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. Essarah Rada with office


address at Cor. Mabini-Gonzaga Streets, Bacolod City. The
examination is being held at the same address. I am answering her
questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of witness MARICEL SANTOS


is being offered to prove that the respondent PABLO JOSE DELA
CRUZ is suffering from Narcissistic type of personality
disorder, hence, unable to fulfill his essential marital obligations
to petitioner and their children on the ground of respondent's
psychological incapacity. The witness’s testimony is also offered
to prove the legal basis for the declaration of nullity of the
petitioner’s marriage with the respondent, therefore VOID.

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1. Q. Please state your name and other personal
circumstances for the record.
A. JUANA SAN PEDRO-DELA CRUZ

2. Q. Are you the same JUANA SAN PEDRO-DELA CRUZ, the


petitioner in this case?
A. Yes, Attorney.

3. Q. Do you know a certain PABLO JOSE DELA CRUZ?


A. Yes, Attorney. He was the man I married on February
4, 2017.

4. Q. How did you meet respondent PABLO JOSE DELA


CRUZ?
A. We met at our workplace, a distribution utility here in
Bacolod City.

5. Q. Are you still cohabiting with PABLO JOSE DELA CRUZ?


A. No, we have been living separately for four (4) years
now since August 5, 2019.

6. Q. Do you have evidence of your marriage with PABLO


JOSE DELA CRUZ?
A. Yes attorney, I have an NSO Certified marriage
contract as my Exhibit "A".

7. Q. Did you have children with PABLO JOSE DELA CRUZ?


A. Yes, we have a daughter.

8. Q. What is the reason for your separation?


A. PABLO JOSE DELA CRUZ failed to support our basic
needs. Most of the time, he is drunk. For several times,
he was caught by his supervisor under the influence
of alcohol while on duty hence, was terminated. We
have given ourselves countless chances to reconcile
but he miserably failed to fulfill his marital obligations
of mutual love, respect and support.

9. Q. Why do you say that he miserably failed to fulfill his


marital obligations of mutual love, respect and
support?

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A. Because he failed to support our daughter’s needs and
he is always concerned with his ego and masculinity.

10. Q. What about his ego?


A. Pablo concerns a lot with his ego. When we were still
living together, starting when he was terminated from
work, I am the one supporting our family. This
always triggered him to malign me and say insulting
words at me because he feels humiliated. He is
always clamoring about his masculinity and
superiority over me as his wife.

11. Q. Aside from that, what did you experience or notice


from your husband?
A. He mocks me even in front of my friends, insulting me
because he could not accept that I was the one
supporting our family.

12. Q: How did you handle the situation with Pablo?


A: My patience would sometimes ran out. I would
confront him of his attitude towards me and his
irresponsibility, but the conversation would always
end up in heated arguments. I would be the one to
taper down my emotions since he would not always
back down because of his ego.

13. Q: When you and Pablo formally separated, what, if any,


did you do in order to restore order in your life?
A: I decided to seek legal assistance for the nullity of our
marriage. Pablo and I consulted a clinical
psychologist/psychiatrist and assessments were done
to assess who between me and my husband suffers
from psychological incapacity.

14. Q: What is the result of the assessment?


A: It turned out that Pablo suffers from a personality
disorder called “Narcissistic Personality Disorder”.

15. Q: Do you have a copy of the result?


A: Yes.

16. Q: Do you have common properties with the respondent


during your marriage?

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A: None, Attorney.

17. Q: Did you have a pre-nuptial agreement with the


respondent regarding your properties?
A: None, Attorney.

18. Q: What are you asking this court with respect to this
case?
A: I am praying that the Honorable Court would grant
my petition for Declaration of Nullity of my marriage
with PABLO JOSE DELA CRUZ on the grounds that our
marriage is void ab initio due to his psychological
incapacity on account of Narcissisistic type of
personality disorder.

IN WITNESS WHEREOF, I have hereunto set my hand this


3rd day of May, 2023 at Bacolod City.

JUANA SAN PEDRO-DELA CRUZ

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for the city of Bacolod this 3rd day of May 2023.
Affiant personally came and presented to me her GSIS 123456789
ID issued by the GSIS on 2015 at Bacolod City, as valid and
competent proof of her identity, known to me as the same person
who personally signed the foregoing judicial affidavit before me
and avowed under penalty of law to the veracity of the contents of
said instrument.

Atty. IAN KRISTOFFER V. GA


Notary Public
Doc. No. 122 Commission Serial No. 131137
Page No. 455 Notary Public for Bacolod City.
Book No. 677 Until December 31, 2024
Series of 2023. Office: Araneta Street, Bacolod City
Roll No. 131098
IBP Lifetime Roll No. 1371121 ; Bacolod City
PTR No. 0436715 January 18, 2023

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MCLE Compliance Cert. No. VIII-0001023,
November 17, 2022

SWORN ATTESTATION

I, ATTY. ESSARAH RADA, of legal age, Filipino, with office


address at Cor. Mabini-Gonzaga Streets, Bacolod City after
being duly sworn depose and say:

1. I was the one who conducted the examination of


petitioner JUANA SAN PEDRO-DELA CRUZ at my afore-
stated office.

2. I have faithfully recorded or caused to be recorded the


questions I asked and the corresponding answer that the
witness gave;

3. Neither I nor any other person then present or assisting


her coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this


3rd day of May 2023 at Bacolod City.

ATTY. ESSARAH A. RADA


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary


public in and for the city of Bacolod this 3rd day of May 2023.
Affiant personally came and presented to me her GSIS ID
987654321 issued by the GSIS on 2015 at Bacolod City, as valid
and competent proof of her identity and swore to me under oath
of the veracity of her allegations.

Atty. IAN KRISTOFFER V. GA


Notary Public
Doc. No. 122 Commission Serial No. 131137
Page No. 455 Notary Public for Bacolod City.
Book No. 677 Until December 31, 2024
Series of 2023. Office: Araneta Street, Bacolod City
Roll No. 131098
IBP Lifetime Roll No. 1371121 ; Bacolod City

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PTR No. 0436715 January 18, 2023
MCLE Compliance Cert. No. VIII-0001023,
November 17, 2022

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