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Judicial Affidavit

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___________________ VS.
___________________
CIVIL CASE NO. ___________________
HON. ___________________________
RTC-_______________, BRANCH ___

JUDICIAL AFFIDAVIT OF
PETITIONER ___________________

I, ___________________, of legal age, married, and living at ___________________, petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. ___________________ with address at ___________________. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of petitioner ___________________ is being offered to prove that the respondent ___________________ contracted marriage twice, ___________________ on ___________________, and later with the petitioner ___________________ on ___________________ while the respondent’s previous marriage with ___________________ was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage with the respondent she was previously married to ___________________ on ___________________, which marriage was still valid and subsisting at the time she contracted marriage with the respondent. The petitioner’s testimony is also offered to prove the legal basis for the declaration of nullity of the petitioner’s marriage with the respondent, the same being bigamous.

1. Q. Please state your name and other personal circumstances for the record. A. ___________________.

2. Q. Are you the same ___________________, the petitioner in this case? A. Yes sir.

3. Q. Do you know a certain ___________________? A. Yes sir. He was the man I married on ___________________.

4. Q. How did you meet him? A. ___________________.

5. Q. Are you still living with ___________________? A. We have separated since ___________________.

6. Q. Do you have of proof your marriage with ___________________? A. Yes sir, I have a marriage contract (Exhibit “A”).

7. Q. Do you have children with ___________________? A. We have one (1) child namely, ___________________, now ____ years old.

8. Q. What is the reason for your separation? A. The respondent’s infidelity of and lack of sense responsibility. He was jobless, a drug addict and did not care to provide the needs of our family. He was dependent on me.

9. Q. How about a certain ___________________, do you know her? A. Yes sir, he was the woman ___________________ previously married on ___________________.

10. Q. Do you have proof of marriage between ___________________ ___________________?

A. Yes sir, I have a marriage contract (Exhibit “B”).

11. Q. What was the status of the marriage between ___________________ and ___________________ when ___________________ got married to you?

A. His marriage with ___________________ was still valid and has not yet been legally dissolved when he married me.

12. Q. Aside from marriage contracts, do you have other documents to prove the ________________ married ________________ and yourself?

A. Yes sir, I have a Certification (Exhibit “C”) from the National Statistics Office (NSO) showing ___________________’s record of having two marriages, to ___________________ and myself.

13. Q. How about you, do you have previous marriage when you married when you marry ___________________?

A. Yes sir, I was previously married to ___________________ on ___________________.

14. Q. Do you have proof of your previous marriage with ___________________?

A. Yes sir, I have a marriage contract (Exhibit “D”).

15. Q. Do you have other proof that you are in fact married to ___________________ and to ___________________?

A. Yes sir, the NSO Certification (Exhibit “E”).

16. Q. What was the status of your marriage with ___________________ when you married ___________________?

A. ___________________ was still alive and my marriage with his was still valid and has not yet been legally dissolved when I married ___________________.

17. Q. You are saying that both of you and the respondent have previous marriage at the time you marry each other?

A. Yes sir.

18. Q. Do you have pre-nuptial agreement with the respondent regarding your properties?

A. None Sir.

19. Q. Do you have common properties with the respondent? A. None sir.

20. Q. Do you and the respondent have common creditors? A. None sir.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________ 2013 at ___________.

___________________ Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for _________(City/Province)____________ this ____th day of ____________ 20___. Affiant personally came and appeared with _____________(Competent Evidence of Identity)______ issued by the _________(Government Agency)______ on ___(date)__ at ________(place)_________, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty ___________________________________________ Notary Public
Doc. No. ____ Commission Serial No. ____________________________
Page No. ____ Notary Public for _______(Province/City)______________
Book No. ____ Until December 31, 20__
Series of 20__ Office: ______________(address)____________________ Roll No. __________ IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_ PTR No. _________ ; __/__/__ ; _(Province)_ MCLE Compliance Cert. No. __________; __/__/__

I, ___________________, of legal age, Filipino, with postal address ______________________ after being duly sworn depose and say:

1. I was the one who conducted the examination of witness ___________________ at my aforementioned office in ___________________;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave;

3. 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 ____ day of ____ 2013 at ___________.

ATTY. __________________ Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for _________(City/Province)____________ this ____th day of ____________ 20___. Affiant personally came and appeared with _____________(Competent Evidence of Identity)______ issued by the _________(Government Agency)______ on ___(date)__ at ________(place)_________, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty ___________________________________________ Notary Public
Doc. No. ____ Commission Serial No. ____________________________
Page No. ____ Notary Public for _______(Province/City)______________
Book No. ____ Until December 31, 20__
Series of 20__ Office: ______________(address)____________________ Roll No. __________ IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_ PTR No. _________ ; __/__/__ ; _(Province)_ MCLE Compliance Cert. No. __________; __/__/__

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