Judicial Affidavit Lapiez

8/11/2019 Judicial Affidavit Lapiez

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Republic of the Philippines

REGIONAL TRIAL COURT

7

TH

Judicial Region

Branch 27 Lapu Lapu City

ARIEL A. LAVAPIEZ,

Petitioner,

CIVIL CASE NO. R-LLP-13-

06743-W

-versus-

FOR: DECLARATION OF

NULLITY OF MARRIAGEUNDER ART. 36 OF THE NEW

FAMILY CODE

MARILYN GONZAGALAVAPIEZ,

Respondent.

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JUDICIAL AFFIDAVIT

OF PETITIONER ARIEL A. LAVAPIEZ

I am Ariel A. Lavapiez, of legal age, married, presently residingin #62 Block 27 Deca Homes Mactan IV, Bankal, Lapu-Lapu City,petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT

This examination on Petitioner Ariel A. Lavapiez is conductedat the residence of Atty. Orvi G. Ortega in Cebu City by theundersigned counsel for petitioner himself.

Petitioner prior to the examination is duly and fully appraisedby undersigned counsel of the consequences of his answers to thequestioned posited to him.

Further, the testimony of petitioner Ariel A. Lavapiez as statedherein will constitute his direct testimony in Court in support of thepurpose or purposes the same is to be offered in Court.

___________________________________________________

PURPOSE:


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1. Q: Could you please state for the record your personal

circumstances?

A: I am Ariel A. Lavapiez, of legal age, married, Filipino, a

seafarer by profession and presently residing in #62 Block 27 Deca Homes

Mactan IV, Bankal, Lapu-Lapu City.

2. Q: Are you the same Ariel A. Lavapiez who is the petitioner in

this case?

A: Yes.

3. Q: Do you know the respondent in this case, Marilyn Gonzaga-

Lavapiez?

A: Yes, she is my wife.

4. Q: What proof can you show that you are legally married withthe respondent in this case?

A: I have a Certificate of Marriage issued to me by the NSO. (Atthis juncture the witness will be showing said Certificate of Marriage which

was earlier marked as Exhibit B in the Pre-Trial Brief for the Petitioner)

5. Q: How and when did you come to meet your wife for the first

time?

A: We were introduced to each other by a common friend in thehouse of the latter on June 24, 1997. I was visiting a friend of mine

nicknamed Doko at that time whose house is just few meters away fromthe house of respondent in Fermont Village, Victorias City, Negros

Occidental. It so happened that respondent was inside the house of saidfriend at that time and thus we were introduced to each other.

6. Q: What transpired after that first meeting with respondent?

A: I was enamored and captivated by her beauty so I decided to

court her. I visited her house on the following day and after three (3) days ofsuccessive and intense courtship I was able to capture the sweet yes of

respondent.

7. Q: After you became sweethearts what happened next?

A: A month after I returned to my work as seafarer on board an

ocean-going vessel. At this time I was already sending allowance to

respondent. On March 1998 I arrived back in the country after my tour-of-duty as seafarer and immediately see my sweetheart, herein respondent. On

the following month, April 1998 respondent announced to me that she waspregnant.

8. Q: When respondent broke to you the news that you are going

to be a father, how did you react and what did you feel?

A: It was a mixed feeling of joy over the prospect of becoming a

father as I really wanted to settle down being 28 years old already at thattime. However, there was also sort of apprehension as I have not yet saved

enough money to build a family. We just informed the mother of respondent


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who upon hearing the news wanted us to get married immediately. We

however explained to her the situation and she agreed that marriage willcome later when we are prepared already financially.

9. Q: What did you do then?

A: I asked my manning agency that I be abled to report back forwork as I need to earn money for my forthcoming child and also for

preparation of our wedding. On June 1998 I boarded another ocean-goingvessel and this time around I had my pregnant future wife moved to a more

spacious and comfortable abode in the neighboring Dream Village still at

Victorias City, Negros Occidental. While I was on board, my future wife

gave birth to our first child on January 10, 1999 whom we named as KYLLEGONZAGA LAVAPIEZ.

10. Q: Do you have proof as to the birth of the said child?

A: Yes. (At this juncture petitioner is showing copy of theCertificate of Live Birth of the said child issued by NSO earlier marked as

Annex C in the Pre-Trial Brief for the Petitioner)

11. Q: You said that you were still on your tour-of-duty when

respondent gave birth with your first child. When did you come back to

the country from work?

A: In July 1999 I arrived back in time for our forthcoming

wedding and baptismal of our first-born child.

12. Q: When did the wedding and baptismal occurred?

A: On August 28, 1999 we tied the knot in a civil wedding

ceremony officiated before the Honorable Presiding Judge of the City Courtof Victorias City, Negros Occidental and right thereafter was the bapstism of

our child, Kylle Gonzaga Lavapiez. That was the happiest day of my life;

13. Q: After the wedding and then baptism of your child what did

you do?A: I stayed for a year before I boarded again an ocean-going

vessel. It was during this time that I reviewed for the examination for my

licensure as 3rdMate Seafarer. I wanted also to spend some quality time for

my budding family especially with our new-born son.

14. Q: What did you do to support your family during that one-

year lull period?

A: I put up a modest grocery store out of my savings from my

work as a seaman.

15. Q: Prior to the marriage or during the period of engagement as

sweethearts up to the time you decided to tie the knot, how do you

describe the respondent as a person and as your sweetheart?

A: She was sweet or malambing, caring and thoughtful.


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16. Q: Now, what about after the solemnization of your marriage

how do you described herein respondent as a wife and as a person?

A: I noticed some significant changes in her attitude which I did

not able to observe before the marriage. For one, from being caring and

thoughtful person respondent used to be, she became somewhat irritable or a

nagger. However, I simply brushed that aside thinking that somewhat thischange in attitude is brought about by adjustment on the part of respondent

from being single and unattached to being a mother and wife at the sametime.

17. Q: Aside from what you observed regarding significant change

of attitude of respondent, what did you come to realize if there was any,

about her as a wife and as a person relative to events that transpired in

your married life as a couple?A: After earning my 3rdMate Licensure as a Seafarer, I went back

to work as seaman on board ocean-going vessels for several times spanningcouple of years. All this time while on my tour-of-duty I sent all my earnings

by way of allotment to my wife, herein respondent, but every time I go backto the country and go home to my wife no savings whatsoever is left of the

hard-earned money I send despite of the fact that I am very confident thatmy entire earnings is more than enough what my family needs at that time.

In fact, the grocery store I have put up got closed which I could notunderstand why it was losing when in fact I made it a point to fill up the

stocks before I go back to work on board ocean-going vessel. I also heardrumors that allegedly my wife was having an illicit affair and indulged

herself in vices like drinking and smoking with her friends or barkadaswhile I am still on board a ship.

18. Q: What did you do regarding this matter?

A: I confronted my wife why there was no savings despite all of

my earnings as seafarer was sent to her but every time I do so she only gotinfuriated and will not give me a clear-cut answer and respondent would

resort to hysterics. As to the alleged illicit affair and indulging in vicesrespondent denied everything and insinuated to me that these are just mereproduct of intrigues coming from certain people who may be at odds with

her.

19. Q: Do you believe what your wife told you?

A: Initially, I afforded her the benefit of the doubt but soon

thereafter I came to discover myself that all these rumors have badges oftruth.

20. Q: How did you come to know the truth about these things?

A: Two (2) days after I arrived on May 31, 2003 my wife askedpermission that she will go to the market even if it was already late in the

afternoon. Seeing nothing wrong with it I gave my nod. What was wrongwas that she went home at late night in the evening around 11:00 oclock

thereof and worst respondent smelled liquor. When I confronted her she


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simply reasoned out that on her way to the market she met a lady friend who

was celebrating an occasion and got invited wherein she took one shot toomany of intoxicating beverages. This was not the first offense. On the

following day and almost daily thereafter, respondent would leave home at

around 5:00 oclock in the afternoon and would go home around 7:30

oclock to 8:00 oclock in the evening looking tired and haggard and everytime I confronted her she would give different hundred reasons which

explanations most often than not are contrary to human experience.

21. Q: What else did you observe about your wife?

A: My wife turned from bad to worse. She would refuse her

marital obligation of procreation. She became a nagger and irreverent wifewith a harsh tongue.

22. Q: What else happened aside from those you have mentioned,

if there be any?

A: Sometime in the month of July 2003 while I was attending a

training in Manila in connection with my application for promotion to therank of Second (2nd) Mate Seaman I got a shocking revelation from my

cousin regarding the veracity of the rumors particularly on the alleged illicitaffair of my wife while on board an ocean-going vessel. My cousin

explained to me that he has personal knowledge about what is going on withmy wife but he and my other relatives hesitated to share it with me out of

fear what will happened thereafter but this time around he further explainedthat he is forced to reveal the veracity of the illicit affair of respondent

because my cousin and all my relatives cannot stomach anymore that Ibecame the butt of jokes by our neighbors and peers.

23. Q: What did you do then upon knowing this revelation?

A: I immediately went back home and confronted my wife but she

flatly and boldly denied the truth about the unpleasant news I got from mycousin. This time around I could truly sense that there was really an iota of

truth to these rumors particularly on the alleged illicit affair because also ofthe sudden change of attitude of my wife especially on her marital obligationof procreation which she was depriving me already plus all the other

indicators I have mentioned earlier.

24. Q: What happened after that?

A: I need some breathing space so I decided to back to my parents

house in Bacolod City though I kept on monitoring my kids.

25. Q: Why do say kids?

A: Before this problem cropped up she gave birth to our second

child named MA. KRISHIA GONZAGA LAVAPIEZ on December 23,2001.

26. Q: Do you have proof regarding the birth of your second child?


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A: Yes. (At this point petitioner is showing copy of the

Certificate of Live Birth of the second child issued by the NSO which wasearlier marked as Exhibit D in the Pre-Trial Brief for the Petitioner).

27. Q: What did you do after?

A: I went back to work as a Seafarer and continued doing myobligations to my family especially to my children by giving them support

financially and otherwise. This time around I channeled the needs of mychildren be it monetary or otherwise thru my close relative as in fact at one

point in time the support was channeled thru DSWD.

28. Q: What did you come to know about your wife during this

period in time?

A: Still what I got to know are all unpleasant and wanton acts ofrespondent like leaving the conjugal abode and their two (2) children almost

every night. When I came back home my wife deprived me of visiting andseeing my children. She even charged me of kidnapping our very own

children which was ultimately dismissed.

29. Q: You said that you have good reason to believe that indeed

your wife was having an illicit affair, did you ever come to confirm this?

A: Yes.

30. Q: How?

A: In the most unexpected way. One time my children asked to see

me in Bacolod City which I gladly complied as I missed them terribly. Itturned out that it was a set-up by my two (2) children to let me and my wife

see each other. I checked them in a hotel in Bacolod City and for the sake ofthe children I tried to talk sensibly with my wife. I noticed my wife not eager

about any conversation and treated me dryly but I just pretended not to

notice it for the sake of the children. While we were billeted in the hotel mywife went out as she usually does while we were still living under one roof.

Alas and behold as fate would have it, I noticed a USB Stick which my wifemay have inadvertently left. And out of curiosity what is inside the USBStick I had it inserted in a computer and to my great chagrin and surprise I

found all the damning evidence against her infidelity. (At this juncture

petitioner is showing pictures he is referring to as evidence. We humbly

request that these be marked accordingly)

31. Q: What did you do then?

A: When my wife came back I confronted her while holding back

my temper as I do not wish to tarnish my hand with blood.

32. Q: What happened?

A: Perhaps realizing with that pictures in her USB Stick she cannot

anymore deny, she boldly told me right in my face that she does not love meanymore and she does not want me in her life. Right at that moment I felt as


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if the whole world came crushing on me. She left tagging along our two (2)

children and I never saw her again.

33. Q: What did you do after that?

A: Honestly I do not know what to do at that time. All I have in

my mind is to leave and find a place far away from home that only gave mebitter and sad memories. By GODS WILL I meet an old friend who is close

to me and is already based in Lapu-Lapu City, Cebu. I seek refuge in hisplace and there through meditation and reflection I found myself again and

decided to make Lapu-Lapu City as my new home since 2011.

34. Q: Did you acquire any real properties during your marriage?

A: Absolutely none as nothing was saved from all my earnings that

I have given to my wife during our cohabitation and marriage.

35. Q: What do you ask of this Honorable Court?

A: I most sincerely ask of this Honorable Court to declare my

marriage with respondent last August 28, 1999 as NULL AND VOID ABINITIO on the ground of Psychological Incapacity on the part of respondent

which can be established/supported clinically/medically by an expert witnessin the field of psychology.

IN WITNESS WHEREOF, I have hereunto set my hand this 24thday of June 2014 at Cebu City, Philippines.

ARIEL A. LAVAPIEZ

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public inand for Cebu City this ____th day of ________ 2014. Affiant personally

came and appeared with _______________________ issued by the______________ on _______ at _________________, bearing hisphotograph 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 ____________________

Book No. ____ Until December 31, 20__Series of 20__ Office: __________________________

Roll No. __________IBP Lifetime Roll No. _________; __/__/__

; __


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PTR No. _________ ; __/__/__ ; ___

MCLE Compliance Cert. No. __________;__/__/__

I, ORVI G. ORTEGA, of legal age, Filipino, with postal addressRahmann Extension, Kamputhaw, Cebu City, after being duly sworn

depose and say:

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

A. LAVAPIEZ at my aforementioned residence in Cebu 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 thewitness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this ____

day of June 2014 at Cebu City, Philippines.

ATTY. ORVI G. ORTEGA

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public inand for Cebu City this ____th day of ________ 2014. Affiant personally

came and appeared with _______________________ issued by the______________ on _______ at _________________, 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 lawto the whole truth of the contents of said instrument.

Atty. __________________________

Notary Public

Doc. No. ____ Commission Serial No. ________________Page No. ____ Notary Public for ____________________

Book No. ____ Until December 31, 20__Series of 20__ Office: __________________________

Roll No. __________

IBP Lifetime Roll No. _________; __/__/__

; __PTR No. _________ ; __/__/__ ; ___

MCLE Compliance Cert. No. __________;__/__/__

Documents

Judicial Affidavit Lapiez