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Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
QUEZON CITY
BRANCH

JOANNE R FONTANILLA
Petitioner,

-versus- CIVIL CASE NO. 18-7221


FOR: JUDICIAL DECLARATION OF
ANNULMENT OF MARRIAGE

ANDREW S FONTANILLA
Respondent.
x-----------------------------------x

JUDICIAL AFFIDAVIT OF
DEFENDANT

I, ANDREW S FONTANILLA, of legal age, married, and living at 38-O Apolonio


Samson Road, Balintawak, Quezon City, respondent in this case, after having been duly
sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. Marco O. Arpon with office address at 21 Aurora
Boulevard, Quezon 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 respondent ANDREW S FONTANILLA is


being offered to prove that the petitioner contracted marriage on August 31, 2016 with
respondent wherein both parties have no legal impediment in contracting the said
marriage. The respondent’s testimony is also offered to disprove and dispute the
allegation of the petitioner against the respondent of fraud for concealment of habitual
alcoholism as a ground for the declaration of annulment of the petitioner’s marriage.

1. Q. Please state your name and other personal circumstances for the record.
A. ANDREW S FONTANILLA

2. Q. Are you the same ANDREW S FONTANILLA, the respondent in this


case?
A. Yes sir.

3. Q. Do you know a certain JOANNE R FONTANILLA?


A. Yes sir. She was my wife which I married on August 31, 2016.

4. Q. How did you meet the respondent JOANNE R FONTANILLA?


A. A former college classmate introduced the respondent to me and we
became friends through text messages.

5. Q. Are you still cohabiting with JOANNE R FONTANILLA?

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A. No, we have been living separately for almost a year since she left our
home.

6. Q. Do you have of proof your marriage with JOANNE R FONTANILLA?


A. Yes sir, I have a NSO Certified marriage contract as my Exhibit "B"

7. Q. Did you have children with JOANNE R FONTANILLA?


A. Yes, we have one daughter, Xannah Cassey Fontanilla. I have a copy of
her Birth Certificate as my Exhibit “C”

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


A. She accuses me of being a habitual drunkard and wants to separate with
me based on that reason.

9. Q. Do you drink alcohol?


A. Yes sir.

10. Q. How often do you drink alcohol?


A. I only drink occasionally but I only limit my alcohol intake enough for me
to relax myself.

11. Q. Mrs. JOANNE R FONTANILLA, accuses you of fraud for concealment


of habitual alcoholism, what is her basis?
A. Her allegations sir, in fact at the time when we were still dating, I often
invite her into my apartment where we drank alcohol together before we
engage into sexual intimacy.

12. Q. Based on your answer with my previous question, are you saying that Mrs.
JOANNE R. FONTANILLA had knowledge that you drink alcohol?
A. Yes sir, we drank alcohol together at my apartment during the time when
we were still dating because she wants to relax and relieve her stress from
the pressure of the board examination.

13. Q. Can you recall on what year did you two started dating?
A. Sometime on April 2016, that was the time when she came to Manila to
take the board examination.

14. Q: Do you have any idea why she accuses you of being a habitual drunkard?
A: No sir, but she always told me that she wants to separate with me because
I cannot cope up with her achievements.

15. Q: What is the reason why do you drank alcohol during your marriage?
A: She always nags at me and she often tells me the things she had achieved
since she passed the board exam and this made me inferior to her, and she
also told me that marrying me was the biggest mistake of her life. That is
the reason why I drank to relieve the stress and pressure she gives me.

16. Q: Did you have a pre-nuptial agreement with the respondent regarding your
properties?
A: None sir.

17. Q: What are you asking this court with respect to this case?
A: I am praying that the Honorable Court would not grant the annulment of
marriage because I did not conceal anything to her.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of 2018 at
Quezon City.

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ANDREW S FONTANILLA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
City of QUEZON this 19th day of July 2018. Affiant personally came and presented to
me his Driver’s License issued on 2016 at Quezon 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.

NAUGHTY R. PUBLICO
Notary Public
Roll No. 47187
PTR No. 3184571, Makati City 1.06.18
INP O.R. No. 879197, Quezon City 1.05.12
MCLE Compliance No. III-0008736, 02.22.18

Doc. No.: ____


Page No.: ____
Book No.: ____
Series of 201

SWORN ATTESTATION

I, ATTY. MARCO O. ARPON, of legal age, Filipino, with office


address at 21 Aurora Boulevard, Quezon City after being duly sworn depose and say:

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


Fontanilla 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 19th day of July
2018 at Quezon City.

ATTY. MARCO O. ARPON


Affiant

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SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
City of Quezon this 9th day of July 2018. Affiant personally came and presented to me
his IBP ID issued on 2015 at Quezon City, as valid and competent proof of his identity
and swore to me under oath of the veracity of his allegations.

NAUGHTY R. PUBLICO
Notary Public
Roll No. 47187
PTR No. 3184571, Makati City 1.06.18
INP O.R. No. 879197, Quezon City 1.05.12
MCLE Compliance No. III-0008736, 02.22.18

Doc. No.: ____


Page No.: ____
Book No.: ____
Series of 2018

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