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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


5th JUDICIAL REGION
BRANCH 38
NAGA CITY

NICADOR GENIO CIVIL CASE NO. NAG 1344


Petitioner,
FOR: NULLITY OF
MARRIAGE
versus

MARICHELLE DEM-GENIO
Respondent.
x-------------------------------------x

JUDICIAL AFFIDAVIT OF
PETITIONER

I, NICADOR GENIO, of legal age, married, and residing at


Brgy. Bagumbayan, Naga City, petitioner in this case, after
having been duly sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. Albert P. Tijam, Jr. with office


address at Villa Grande Homes, Naga 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.

1. Q. Please state your name and other personal


circumstances for the record.
A. NICADOR GENIO, 32 years old, married and
residing at Concepcion Pequena, Naga City.

2. Q. Are you married to MARICHELLE DEM, the


respondent in this case?
A. Yes, Atty, since January 2016.

3. Q. Why did you not know that the delivery of the


child was not premature?

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A.I was in Geneva during the time of her
pregnancy. She was regularly updating me with
her check-ups. I did not probe any further because
why would I, there was a presumption of
regularity.

4. Q. When you returned to the country, did you not


see any difference in the childs features?
A. No, I saw the child as my child.

5. Q. How come a DNA Test was conducted?


A. The child had a heart problem. So the child
needed a blood transfusion. As parents, it is
just normal for you to give your blood to your
child. We were not compatible. Then a DNA test
was conducted to determine the cause of the
heart problem, to determine if it was genetic.
Our DNAs did not match.

6. Q. When you learned about this, what did you feel?


A. I was at a loss. I did not know why it happened.
I requested for a confirmatory test, it was still
negative affinity.

7. Q. Your wife knows about the result after the DNA


exam?
A.Yes, she was informed about the incompatibility.

8. Q. What did you tell your wife?


A. When I asked her, she cried. She first said that
there was a problem with the DNA Test. I said that
there were two DNA tests conducted. I also told
her that Ive already talked to the delivering
physician in relation to the premature delivery of
the baby. Dr. Rizal told me that the baby was not
premature, the delivery was in the normal
gestation period.

9. Q. What was her reply?


A. She said that she committed a mistake, that
during the period when we had a cool-off before our
marriage, she met a colleague-doctor whom she had
a very brief rebound relationship. And that she was
sorry for her concealment and that if she be
accepted, and the child, by me.

10. Q. What was your response?

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A. I was skyballed by my wife. She had manipulated
me. She should have informed me that she was
already pregnant before we got married so that I
could make an informed decision, to accept her as
she was. I should not have been a difficult decision.
But now, the betrayal and evident fraud was very
very devastating. I am praying that the Honorable
Court would grant my petition for Declaration of
Nullity of my marriage with MARICHELLE DEM -
GENIO on the ground that she committed Fraud
through concealment of pregnancy, which I was not
aware of, and cannot accept now that she has
betrayed me. This is an evident case of VOIDABLE
Marriage because of Fraud under Article 45 in
relation to Article 46 of the Family Code.

IN WITNESS WHEREOF, I have hereunto set my hand this


20th day of July 2018 at Naga City.

(SGD.) NICADOR GENIO


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary


public in and for the city of Naga this 24th day of July 2018.
Affiant personally came and presented to me his Passport
issued by the Department of Foreign Affairs on 2017 at Legazpi
City, as valid and competent proof of his 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.

(SGD.) ATTY. JOHN LAUREL


Notary Public for Naga City
1 Panganiban St., Naga City
Commission Serial No. 1234567
Until December 2018
Roll of Attorney No. 55445
PTR No. 12345; 10-01-2018; Naga City
IBP No. 12345; 10-01-2018; Naga City

Doc. No. 10;


Page No. 58;

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Book No. 3;
Series of 2018

SWORN ATTESTATION

I, ATTY. ALBERT P. TIJAM, JR., of legal age, Filipino,


with office address at Villa Grande Homes, Naga City after
being duly sworn depose and say:

1. I was the one who conducted the examination of witness


NICADOR GENIO 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


his coached the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this


20th day of July 2018 at Naga City.

(SGD.) ATTY. ALBERT O. TIJAM, JR.


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary


public in and for the City of Naga this 20th day of July 2018.
Affiant personally came and presented to me his IBP ID issued
by the Supreme Court of the Philippines on 2018 at Naga City,
as valid and competent proof of his identity and swore to me
under oath of the veracity of his allegations.

(SGD.) ATTY. JOHN LAUREL


Notary Public for Naga City
1 Panganiban St., Naga City
Commission Serial No. 1234567
Until December 2018
Roll of Attorney No. 55445
PTR No. 12345; 10-01-2018; Naga City
IBP No. 12345; 10-01-2018; Naga City

Doc. No. 10;


Page No. 58;
Book No. 3;

Page 4 of 5
Series of 2018

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