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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


Fourth Judicial Region
Branch 39
City of Batangas
Batangas Province

JENEICA C. ACOBS
Petitioner
-versusROLANDO PEREZ
Respondent
CIVIL CASE NO. 108
JUDICIAL AFFIDAVIT OF PETITIONER JENEICA
C. ACOBS
I, JENEICA C. ACOBS, of legal age, married and living at
Pontefino Residences, Pallocan, Batangas City, petioner in
this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Shyrell C. Abelo, with
address at Amethyst Bldg., Burgos St., Brgy. 15, Batangas
City. 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 Ms. Jeneica
Acob is being offered to prove that the respondent ROLANDO
PEREZ is physically incapable of consummating the
marriage, and such incapacity continues and appears to be
incurable. Petitioner will also prove that prior to her marriage
with the respondent, the latter already knew his erectile
dysfunction condition and that he did not disclose such fact
to the petitioner with the intention of deceiving her. The
petitioners testimony is also offered to prove the legal basis
for the declaration of nullity of the petitioners marriage with
the respondent.
1

1. Q. Please state your namen and other personal


circumstances for the record.
A.
Jeneica Acobs, 30 yrs. Old, married.
2. Q. Are you the same Jeneica Acobs, the petitioner in
this case?
A.
Yes Sir.
3. Q.
A.

Do you know a certain Rolando Perez?


Yes Sir. He was the man I married on October 1,
2011.

4. Q.
A.

How did you meet him?


I met him in a wedding party of our common friend
and since
then, we became
inseparable until we
got married.

5. Q.
A.

Are you still living with Rolando Perez?


We have separated since June 25, 2014.

6. Q. Do you have a proof of your marriage with Rolando


Perez?
A.
Yes Sir. I have a marriage contract (Exhibit A)
7. Q.
A.

What is the reason of your separation?


The respondents physical
incapability of
consummating the
marriage, and such incapacity
continues and appears to be incurable. He has
erectile dysfunction
(impotence) which he
hid
from me before we get married. We didnt have a
child and I remained virgin up to this time.

8. Q.
A.

Do you have a proof of his erectile dysfunction?


Yes Sir. I was able to secure a copy of the medical
certificate stating his physical condition on erectile
dysfunction (Exhibit B). I also have a medical
certificate dated June 15, 2015 stating that I am still
a virgin, three years after we got
married.

9. Q. Why did it take three years for you to have


medical check-up regarding this?
A.
Because I didnt have idea that it was indeed
erectile
dysfunction. I thought all along
that
sex is just like that, and
even if there is no actual
penetration, I still could get pregnant.
But since I

didnt conceive a baby, I forced him that


doctor for
check-up.

we see a

10.
Q. Do you have a proof that he knew of this
condition even
before your marriage?
A.
Yes Sir. I was able to secure a copy of a medical
certificate from his previous company,
stating
such condition (EXHIBIT C).
11.
Q.
Do you have a pre-nuptial agreement with
the respondent
regarding your properties?
A.
None Sir.
12.
Q. Do you have common properties with the
respondent?
A.
None Sir.
13.
Q. Do you and the respondent have common
creditors?
A.
None Sir.
IN WITNESS WHEREOF, I have hereunto set my hands
this 20th day of January, 2016 at Burgos St., Batangas City.
JENEICA C. ACOBS
Affiant

SUBSCRIBED AND SWORN BEFORE ME, a


notary public in and for the city of Batangas this 21 st day of
January 2016. Affiant personally came and appeared with his
IBP ID issued before the Integrated Bar of the Philippines on
May 30, 2014 at Manila, Philippines, 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.

Book No. 105


Series of 2016

Atty. Shyrell C. Abelo


Notary Public
Doc. No. 55
Commission Serial No.
Page No. 108
3

Notary Public for the City of


Batangas
Until December 31, 2016
Roll No. 20189
IBP Lifetime Roll No. 1232;
Batangas City
PTR No. 8281; Batangas City
MCLE Compliance Cert. No. 152;
1/08/16

I, SHYRELL C. ABELO, of legal age, Filipino, with postal


address at Amethyst Bldg., Burgos St., Batangas City after
being duly sworn depose and say:
1. I was the one who conducted the examination of
witness Jeneica Acob at my aforementioned office in
Batangas City;
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 20th day of January 2016 at Batangas City.
ATTY. SHYRELL C.
ABELO
Affiant
SUBSCRIBED AND SWORN BEFORE ME, a notary
public in and for the city of Batangas this 21 st day of January
2016. Affiant personally came and appeared with his IBP ID
issued before the Integrated Bar of the Philippines on May
30, 2014 at Manila, Philippines, 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.

Book No. 105

Atty. Ayessah Plata


Notary Public
Doc. No. 88
Commission Serial No.
4

Series of 2016

Page No. 206


Notary Public for the City of

Batangas
Until December 31, 2016
Roll No. 2098
IBP Lifetime Roll No. 1232;
Batangas City
PTR No. 8281; Batangas City
MCLE Compliance Cert. No. 201;
1/08/16

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