Republic of the Philippines

Regional Trial Court

________________
_______________
Branch ___
_______( Mrs. Wife)_________ ,
petitioner,
- versus -

CIVIL CASE NO. ________

_________(Mr. Husband)_____ ,
respondent.

FORMAL OFFER:
This Judicial Affidavit / Testimony of the petitioner ____( Mrs.
Wife)_____ is being offered to prove that the respondent _________(
Mr. Husband)____ contracted marriage twice. First with __(Mrs.
Unang Wife Nya)___ on ___________________ and later with the
petitioner ______( Mrs. Wife)_______ on ___________________
while the respondents previous marriage with _(Mrs. Unang Wife
Nya)____ 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 _________(Mr. Unang Pagkakamali)______ on
___________________, which marriage was still valid and subsisting
at the time she contracted marriage with the respondent. The
petitioners testimony is also offered to prove the legal basis for the
declaration of nullity of the petitioners marriage with the respondent,
the same being bigamous.

JUDICIAL AFFIDAVIT OF PETITIONER _______(Mrs. Wife)____

Page 1 of 6

JUDICIAL AFFIDAVIT OF
PETITIONER _________(Mrs. Wife)__________
I, _________(Mrs. Wife)__________, of legal age, married, and living
at _________(Mrs. Wifes address)__________, petitioner in this
case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. ______De Campanilla_______ 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/or perjury.
Q1: Please state your name and other personal circumstances for
the record.
A1: ___________________.
Q2: Are you the same _(Mrs. Wife)_, the petitioner in this case?
A2: Yes sir.
Q3: Do you know a certain _________(Mr. Husband)__________?
A3: Yes sir. He was the man I married on ___________________.
Q4: How did you meet him?
A4: ___________________.
Q5: Are you still living with _________( Mr. Husband)_________?
A5: We have separated since ___________________.
Q6: Do you have a proof of your marriage with _( Mr. Husband)__?
A6: Yes sir, I have a marriage contract (handling over a document).
Q7: I am marking this marriage contract as Exhibit A and the
bracketed signature above the name (Mrs. Wife) as Exhibit A1 and the bracketed signature above the name (Mr. Husband)
as Exhibit A-2. Do you know whose signatures are these?
A7: Yes, sir. The signature in Exhibit A-1 is my signature and the
signature in Exhibit A-2 is the respondents signature.
Q8: How did you know?

JUDICIAL AFFIDAVIT OF PETITIONER _______(Mrs. Wife)____

Page 2 of 6

A8:

I was the one you signed my own signature and I saw my

husband signed his own signature in the presence of a priest,
our ninongs and our ninangs.

Q9: Do you have children with _____( Mr. Husband)_______?

A9: We have two (2) children namely, _______ and ____________.
They are twins. Now, they are ____ years old.
Q10: What is the reason for your separation?
A10: The respondents infidelity of and lack of sense responsibility.
He was jobless, a gambler, a drug addict and did not care to
provide the needs of our family. He was dependent on me.
Q11: Do you know a certain ______(Mrs. Unang Asawa Nya)____?
A11: Yes sir, he was the woman ____( Mr. Husband)___ previously
married on ___________________.
Q12: Do you have a proof of marriage between _(Mr. Husband)_ and
_________(Mrs. Unang Asawa Nya)__________?
A12: Yes sir, I have a copy of their marriage contract (handing over a
document).
Q13: I am marking this marriage contract as Exhibit B and the
bracketed signature above the name (Mr.Husband) as Exhibit
B-1. Do you know whose signature is in Exhibit B-1?
A13: Yes, sir. The signature in Exhibit B-1 is the respondents
signature.
Q14: How did you know?
A14: The signature in Exhibit B-1 is similar with the respondents
signature in our marriage contract.
Q15: What was the status of the marriage between _(Mr.Husband)_
and ___(Mrs. Unang Asawa Nya)____ when _(Mr.Husband)_
got married to you?
A15: His marriage with _(Mr.Husband)_ was still valid and has not
yet been legally dissolved when he married me.
Q16: Aside from marriage contracts, do you have other documents to
prove the _(Mr.Husband)_ married _(Mrs. Unang Asawa Nya)_
and yourself?
A16: Yes sir, I have a Certification (Exhibit C) from the National
Statistics Office (NSO) showing _(Mr.Husband)_s record of

JUDICIAL AFFIDAVIT OF PETITIONER _______(Mrs. Wife)____

Page 3 of 6

having two marriages, to _(Mrs. Unang Asawa Nya)_ and

myself.
Q17: How about you, do you have previous marriage when you
married when you marry __(Mr.Husband)_?
A17: Yes sir, I was previously married to _(Mr. Unang Pagkakamali)_
on ___________________.
Q18: Do you have a proof of your previous marriage with
________(Mr. Unang Pagkakamali)___________?
A18: Yes sir, I have a marriage contract (handling over a document).
Q19: I am marking this marriage contract as Exhibit D and the
name (Mrs. Wife) as Exhibit D-1 and name (Mr. Unang
Pagkakamali) as Exhibit D-2. Do you know whose name is in
Exhibit D-1 and Exhibit D-2?
A19: Yes, sir. The (Mrs. Wife) in Exhibit D-1 is my name and the
(Mr. Unang Pagkakamali) in Exhibit D-2 is my previous
husbands name in my previous marriage.
Q20: Do you have any other proof that you are in fact married to ( Mr.
Husband)_ and to ___(Mr. Unang Pagkakamali)____?
A20: Yes sir, the NSO Certification with my previous marriage with
(Mr. Unang Pagkakamali) (handing over a document) and
another NSO Certification with my marriage with (Mr. Husband)
(handing over another document).
Q21: I am marking the NSO Certification with your previous marriage
with (Mr. Unang Pagkakamali) as Exhibit E and the NSO
Certification with your marriage with (Mr. Husband) as Exhibit
F. Do you confirm my action?
A21: Yes, sir.
Q22: I am attaching Exhibits A, B, C, D, E and F to your
judicial affidavit to form part of it. Do you confirm my action?
A22: Yes, sir.
Q23: What was the status of your marriage with _(Mr. Unang
Pagkakamali)_ when you married ____( Mr. Husband)____?
A23: _________(Mr. Unang Pagkakamali)__________ was still alive
and my marriage with him was still valid and has not yet been
legally dissolved when I married _____( Mr. Husband)____.

JUDICIAL AFFIDAVIT OF PETITIONER _______(Mrs. Wife)____

Page 4 of 6

Q24. You are saying that both of you and the respondent have
previous marriage at the time you marry each other?
A24: Yes sir.
Q25: Do you have pre-nuptial agreement with the respondent
regarding your properties?
A25: None Sir.
Q26: Do you have common properties with the respondent?
A26: None sir.
Q27: Do you and the respondent have common creditors?
A27: 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.

Doc. No. ____

Page No. ____
Book No. ____
Series of 20__

Atty _________________________________
Notary Public
Commission Serial No. _____________
Notary Public for ___(Province/City)___
Until December 31, 20__
Office: ________(address)___________
Roll No. __________
IBP Lifetime Roll No. _________;
__/__/__ ; _(Province)_
PTR No. ______ ; __/__/__ ; (Province)
MCLE Compliance Cert. No. _____;
__/__/__

JUDICIAL AFFIDAVIT OF PETITIONER _______(Mrs. Wife)____

Page 5 of 6

SWORN ATTESTATION OF THE COUNSEL/LAWYER

I, Atty. ___________________, 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
_______(name of witness)_____ at my aforementioned
office in _________(lawyers office address)__________;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers that the
witness gave;
3. Neither I nor any other person then present or assisting
him/her coached the witness regarding his/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.

Doc. No. ____

Page No. ____
Book No. ____
Series of 20__

Atty _________________________________
Notary Public
Commission Serial No. _____________
Notary Public for ___(Province/City)___
Until December 31, 20__
Office: ________(address)___________
Roll No. __________
IBP Lifetime Roll No. _________;
__/__/__ ; _(Province)_
PTR No. ______ ; __/__/__ ; (Province)
MCLE Compliance Cert. No. _____; __/__/__

JUDICIAL AFFIDAVIT OF PETITIONER _______(Mrs. Wife)____

Page 6 of 6