Judicial Affidavits Final

Republic of the Philippines
REGIONAL TRIAL COURT

National Capital Judicial Region
Makati City Branch 1
ERIC C. CONSUNJI
Petitioner,
-versus- Civil Case No. 123-45

FOR: Declaration of
KIMMY D. CONSUNJI Nullity with Demand for
Respondent. Support Pendente Lite
X ------------------------------------------------------------------------------ X
JUDICIAL AFFIDAVIT OF KIMMY D.CONSUNJI
I, KIMMY D. CONSUNJI, 47 years old, married, Filipino, residing at 24

Butterfly St., Farm Subdivision, Quezon City, the respondent in this case,
states under oath that:
PRELIMINARY STATEMENT
The person examining me is Atty. Yuri Chan with address at 123-A,

Magis St., Crystal Condominium, Quezon City. The examination is being
held at the office of Chan, Dimaandal and Associates Law Office at Unit
123, Emerald City Plaza, 45 Rockwell Drive Rockwell Center, Makati City,
Philippines. I am answering his questions voluntarily, to the best of my
knowledge and fully conscious that I do so under oath and may face criminal
liability for false testimony and perjury.
PURPOSE
This affidavit/testimony of witness Kimmy D. Consunji, the

respondent herein, is being offered to disprove her psychological incapacity
and eventually show that there are no grounds for Eric C. Consunji to file a
Petition for Nullity of Marriage on the Ground of Psychological Incapacity
under Article 36 of the Family Code.
The questions asked by Atty. Yuri Chan and the answers I gave are as
follows, to wit:
1
1. Q: Please state your name and personal circumstances for the record.
A: I am Kimmy D. Consunji, 47 years old, married, Filipino, residing
at 24 Butterfly St., Farm Subdivision, Quezon City. I am the
respondent in this case.
2. Q: How are you related to Mr. Eric C. Consunji, the petitioner in this
case?
A: He is my husband.
3. Q: When did you and Eric get married?

A: We got married in January 20, 2005 in civil rites, followed by a
church wedding in 2006.
4. Q: How long have you known Eric before you married him?
A: I had known Eric since 1992, or 14 years prior to our marriage.
5. Q: How did you and Eric first meet or know each other?
A: Eric was then the manager of the Kintex Condominium in
Caloocan City, and, at that time, I was residing in that condominium.
One day he just approached me in the condominium and invited me to
go out.
6. Q: Who was residing with you in the Kintex Condominium at that

time?
A: I was with Maxim.
7. Q: Who is Maxim?
A: Maxim is my son from a previous relationship.
8. Q: When was Maxim born?

A: Maxim was born on March 3, 1990.
9. Q: What was your job, career, occupation or what had you been doing
prior to your giving of birth to Maxim?
A: I grew up having big dreams. Prior to Maxims birth, I had been in
the show business. I used to be a popular celebrity.
10. Q: Why did you leave your show business career?

A: I had to take an indefinite leave from show business to take care of
my son.
2
11.Q: What was your job, career, occupation or what had you been doing
at the time that you met Eric?
A: I was an actress dabbling in a few mini series and feature films.
Modesty aside, I think I was pretty popular back in the day. One of
my biggest blockbuster hits was Toto Villareals Masakit Pala
Magmahal. (Giggles)
12. Q: Where was Eric residing at the time that you first met him?
A: At the time that I met him, Eric was also residing in Kintex
Condominium.
13.Q: How did you and Eric become more acquainted with each other?
A: Eric and I quickly became friends from the day we first met. Since
then, we had gone on a few out of town trips together. We became
closer when Eric ceased to be the manager of Kintex Condominium.
When he was eventually asked to vacate his unit, I offered him to stay
with Maxim and I in our own unit.
14.Q: How long had Eric lived with you in the same condominium unit
before your marriage?
A: Eric and I lived together for 9 years before we were married.
15.Q: What happened when Eric lived with you and Maxim in the same
unit?
A: During the time that Eric and I lived together, my friendship with
him turned into an intimate relationship, as we both started falling in
love with each other. Eventually, I became pregnant with Roxanne,
our eldest child.
16.Q: When was Roxanne born?

A: Roxanne was born on April 19, 2000.
17.Q: How did you and Eric feel or react upon your discovery of your
pregnancy with Roxanne?
A: We both did not expect it! But we were of course very happy to be
pregnant with a child together.
18.Q: What made you and Eric decide to get married?

A: We just thought that it was the next logical step in our relationship.
We were in love and were practically family to each other. When
Roxanne was not accepted in the Catholic school we wanted to enroll
her in because of our unmarried status, that was when Eric and I
3
decided that it was time. We also thought that it would be best for
Roxanne to become legitimized through our marriage.
19.Q: How was the relationship of Eric and Maxim?

A: Eric and Maxim got along splendidly, and eventually Eric decided
to legally adopt Maxim for his legitimization as well. Eric treated
Maxim no different from how he would treat his own daughter
Roxanne. On Maxims part, he knew of no other person to call dad
than Eric.
20.Q: What happened after you and Eric got married in 2005?
A: Our marriage was further blessed with two more daughters, Joy
and Jaya.
21.Q: When were Joy and Jaya born?

A: Joy was born on August 20, 2007, and Jaya was born two years
later on March 20, 2009.
22.Q: Where had you, Eric and your four (4) children been residing at the
time that Joy and Jaya were born?
A: Initially, we were still residing at Kintex Condominium, but later
we transferred to another condominium in Makati City. We needed a
bigger place to accommodate our growing family and space for our
children.
23.Q: How was your relationship with Eric when you transferred to
Makati City?
A: When we transferred to our new residence in Makati City, our
relationship started to turn for the worse. I began suspecting that Eric
was sleeping around with other women since he started to become
cold and distant; and would refuse me every time I tried to have sex
with him. He also started to spend days and even weeks away from
home without telling me of his destination or his reasons for leaving.
24.Q: How did you feel about and react upon these changes you had
observed in Eric?
A: The situation at home left me feeling undesired and inadequate. It
was only then that I started to drink more because it helped me cope
with my sadness and frustrations. Drinking made me forget that my
husband was not attracted to me anymore.
25.Q: What happened to your suspicions as to Erics cheating?
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A: My suspicions grew stronger to the point that I began prying into
Erics life. After I overheard him planning one of his trysts over the
phone, I decided to confront him regarding the matter.
26.Q: What happened when you confronted Eric?

A: Eric merely denied all my accusations and said that I was crazy
and paranoid.
27.Q: How did you deal with his denial and what did you do after that?
A: I felt the need to find concrete evidence to confirm all my
suspicions as to Erics infidelity, aside from overhearing his telephone
conversations with other women.
28.Q: What were your further findings on Erics alleged infidelity?

A: There was a time when I was cleaning the house, I came across a
nude photo of a woman inserted in one of the books in the home
library. This confirmed my suspicion that Eric was cheating on me.
29.Q: How did you and Eric interact after your confirmation of his
infidelities?
A: Our marriage got worse and the situation at home intensified. We
often got into arguments and fights. Eric had also become more
violent, to the point that I became scared for my personal safety
whenever he was home.
30.Q: How did you cope with Erics violent treatment towards you?
A: I began to become more and more dependent on alcohol to help me
cope with how bad things were getting at home. But since I knew that
I had to take care of my children and be there for them as they grew
up, I voluntarily admitted myself into Droga Foundation to
rehabilitate myself.
31.Q: When did you admit yourself into Droga Foundation?

A: In 2010, I voluntarily admitted myself into Droga Foundation in a
sincere attempt to get clean.
32.Q: What happened to the relationship between Eric and your children
after your confinement?
A: Because we wanted to start anew, we decided to move to a house
in a Quezon City Subdivision. But this did not really do much for our
relationship as Eric just became more distant towards me and even the
kids. He eventually left our home to live with his mistress, Shirley in
5
2011. As if that was not bad enough, Eric decided to house her in our
old Makati condominium. Eric continued to give us monthly financial
support after he left, although it was intermittent and not nearly
enough. It began with P100,000 but he later on increased it to
P200,000 after I incessantly told him that the childrens needs and
expenses could not be covered anymore.
33.Q: What are the expenses that are covered by the monthly allowance
that Eric gives?
A: The monthly allowance that Eric gives is supposed to answer for
food, groceries, utility bills, tuition fees of the four children.
34.Q: Where do you get the money to pay for the expenses not covered
by Erics support?
A: I resorted to any means to sustain our four children, such as
pawning our jewelry.
35.Q: How did you come to know of the pendency of this case?
A: I just learned one day that he also filed a Petition for the
Declaration of Nullity of our marriage and even accused me of being
crazy! He was making it appear that I could not fulfill the duties of a
wife when it was he who was having an affair!
36.Q: How did Eric try to prove your psychological incapacity?

A: I was invited by Dr. Shirley Cenzon to undergo a psychiatric
evaluation.
37.Q: How did the psychological evaluation go?

A: I refused to accept Dr. Cenzonss invitation when I realized that
the psychiatrist who would conduct the evaluation was the very same
Shirley with whom Eric was having an affair.
38.Q: Why did you refuse to undergo the psychological evaluation

conducted by Dr. Cenzon?
A: I expected that she would portray me in a bad light and make it
appear that I am psychologically incapacitated to further Erics plan to
nullify our marriage and make him eligible to remarry.
39.Q: What did you do thereafter upon learning that Dr. Cenzon was
Erics mistress?
A: I immediately sought the services of counsel.
6
Atty. Chan: No further questions for the witness.
This affidavit is being executed to attest to the truthfulness and

veracity of the foregoing facts which are based on my personal
knowledge and belief.
IN WITNESS WHEREOF, Ihave hereunto affixed my

signature this 30th day of August, 2017 at Makati City.
KIMMY D. CONSUNJI
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public in Makati City, on August 30, 2017. Affiant personally came
and appeared with Drivers License No. N04-88-123456 issued by the
Land Transportation Office on August 31, 2016, bearing his
photograph and signature and Community Tax Certificate No. 456789
issued by Quezon City on March 3, 2016, and having proved his
identity by competent proof of identity 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. Jon Snow

Notary Public for Makati City
Appointment No. 007 valid until December 31, 2017
85 Rockwell Drive, Makati City
Roll No. 123; January 30, 2017; IBP Makati Chapter
PTR No. 123; January 28, 2017, Makati City
Doc No. 12
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
I, Atty. Yuri Chan, of legal age, Filipino, with office address at Unit
Philippines, after being duly sworn depose and say that:
7
1. I personally conducted the examination of Kimmy D. Consunji for Civil
Case No. 123-45 entitled Eric D. Consunji v. Kimmy Consunji for
Declaration of Nullity with Demand for Support Pendente Lite
2. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answer that the witness gave; and
3. I nor any other person then present or assisting him coached the witness
regarding his answers;
IN WITNESS WHEREOF, I have hereunto set my hand on this 13th

day of June 2016 at Makati City.
ATTY. YURI CHAN

Counsel for Plaintiff
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Makati City, on June 13, 2016. Affiant personally came and appeared with
Drivers License No. N12-05-12984 issued by the Land Transportation
Office on December 11, 2016, bearing her photograph and signature and
Community Tax Certificate No. 0045215 issued by the Barangay Poblacion,
Makati City on May 17, 2016, 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. Jon Snow

Doc No. 13
Page No. 1
Book No. 1
Series of 2017.
8
ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of
X ------------------------------------------------------------------------------ X
JUDICIAL AFFIDAVIT OF MAXIM D. CONSUNJI
I, MAXIM D. CONSUNJI, of legal age, single, and living at 24

Butterfly St., Farm Subdivision, Quezon City, Philippines, witness for the
respondent in this case, states under oath that:

Magis St., United Village, Makati City. The examination is being held at the
office of Chan, Dimaandal and Associates Law Office at Unit 123, Emerald
City Plaza, 45 Rockwell Drive Rockwell Center, Makati City, Philippines. I
am answering his questions voluntarily, to the best of my knowledge and
fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.
PURPOSE
This affidavit/testimony of witness Maxim D. Consunji being offered

to prove that Mrs. KIMMY D. CONSUNJI is not psychologically
incapacitated to fulfill her marital and parental obligations.
follows, to wit:
1
1. Q: Please state your name and other personal circumstances for the
record.
A: I am Maxim D. Consunji, of legal age, single, and residing at 24
Butterfly St., Farm Subdivision, Quezon City.
2. Q: What is your relationship with the parties in this case?

A: The petitioner is my adoptive father and the respondent is my
mother.
3. Q: You mentioned that the petitioner is your adoptive father, can you
expound on this?
A: My mother had me before she had a relationship with my adoptive
father. After they got married, my adoptive father formally adopted
me as his child.
4. Q: Can you describe your relationship with your adoptive father?

A: My relationship with my father was very good at first. I was so
happy to be recognized as his own child and I am very grateful for
him in this regard. However, as the time pass-by and as I was growing
up, I am seeing that my adoptive father is unfaithful to my mother.
Since I am still my mothers child, I have grown a bit distant from my
adoptive father. Also, there was a time when my father physically
abused my mom and my mom went to get professional medical help
in Medical City. I was somehow relieved when my father left so that
my mother will no longer be physically abused by anyone
5. Q: Can you describe your relationship with your mother?

A: My relationship with my mother has never been bad. Ever since I
was a child, my mother has always been beside me. She went to all of
my activities in school and in the parent-teachers consultation. In
addition, my mother gave me life advices which helped mold my
current self. My mother has never left me and has supported me even
until my current studies.
6. Q: How was your relationship with your mother after your father left?
A: It strengthened our relationship because I am helping in the
everyday work around the house especially in the chores.
7. Q: After your father left you, how was your mother?
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A: My mother is sometimes sad but she tries her best to hide her
feelings from us. However, I can feel her sadness sometimes due to
her actions. My mother is a strong woman and I do not think that the
leaving of my adoptive father will break her spirit.
8. Q: How was your way of life different from before and after your
father left.
A: We could see our mothers struggles in raising four kids on her
own. Even with yaya Maria around to help out in the household
chores, I could still see my mom struggle to make ends meet. We try
to pick do our share of the chores, but of course its not the same
without dad.
9. Q: What is the employment of your mother?

A: My mother is unemployed and devotes all of her time to us, her
children. She used to an actress in her twenties but dad convinced her
that it would be best for us kids if she became a full-time mom.
10. Q: if your mother is unemployed, how do you think your mother is

able to afford your way of life?
A: My mother said that my adoptive father still sends money to her.
11. Q: Would you know how much it is?

A: Unfortunately, my mother did not inform us of how much. But I
do not think it is enough.
12. Q: Why would you say it is not enough?

A: I saw my mother counting the bills and sometimes looks sad
which I think means that the amount given is not enough. She

veracity of the foregoing facts which are based on my personal knowledge
and belief.
IN WITNESS WHEREOF, I have hereunto affixed my signature this

30th day of August, 2017 at Makati City.
Maxim D. Consunji
Affiant
3
Makati City, on August 30, 2017. Affiant personally came and appeared
with Drivers License No. N04-11-970956 issued by the Land
Transportation Office on March 11, 2016, bearing his photograph and
signature and Community Tax Certificate No. 410042 issued by Quezon
City on July 6, 2017, and having proved his identity by competent proof of
identity 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. Jon Snow

Doc No. 2
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
1. I personally conducted the examination of Maxim D. Consunji for Civil

Case No. 123-45 entitled Eric Consunji versus Kimmy D. Consunji for
nullity of marriage with support pendente lite at the aforementioned office
address;


day of August 2017 at Makati City.
4
ATTY. YURI CHAN
Counsel for Respondent

Transportation Office on December 11, 2014, bearing her photograph and
signature and Community Tax Certificate No. 0045215 issued by the
Barangay Poblacion, Makati City on May 10, 2017, 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. Jon Snow

Doc No. 3
Page No. 1
Book No. 1
Series of 2017.
5
ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of
X ------------------------------------------------------------------------------ X
JUDICIAL AFFIDAVIT OF SANSA D. STAR
I, SANSA D. STAR, 35 years old, single, and living at 23 Butterfly

St., Farm Subdivision, Quezon City., witness for the respondent in this case,
states under oath that:

PURPOSE
This affidavit/testimony of witness Sansa D. Star being offered to

prove that Mrs. KIMMY D. CONSUNJI is not psychologically incapacitated
to fulfill her marital and parental obligations.
follows, to wit:
record.
1
A: I am Sansa D. Star, 35 years old, single, and residing at 24
Butterfly St., Farm Subdivision, Quezon City.
2. Q: What is your relationship with the parties in this case?

A: They are my neighbors
3. Q: What can you say about the relationship between the spouses?
A: Just like with most marriages, the relationship between the
husband and the wife is far from perfect. However, it went downhill
when the husband, Eric, left the family.
4. Q: What do you know about the reason Eric left the family?
A: Kimmy informed me that she found a nude photo of a certain
Shirley and she thinks she is one of his girls.
5. Q: You mentioned one of his girls, what do you mean by this?

A: Kimmy mentioned that Eric is a womanizer and he is seeing a
number of girls aside from Kimmy, the wife.
6. Q: When Eric left the family, who is left to take care of the children?
A: Kimmy is the one who takes care of the children. Kimmy is now a
full time mother and is no longer working to give all of her time for
her kids. She prioritizes her kids now.
7. Q: Would you know if there is still contact or communication between

the spouses?
A: Kimmy once told me to look after the children. She reasoned that
she needs to bring Eric to the hospital because she saw him
unconscious in the hospital. She even stayed in the hospital to monitor
his recovery.
8. Q: When Kimmy was in the hospital, who is looking after the

children?
A: As mentioned earlier, in the evening, I was asked to look after the
children. The children know me due to the proximity of our houses.
Kimmy and I have become close as she sometimes confides her
problems with me. In the morning, Kimmys mother comes to pick up
the children and lives with her until Eric is discharged from the
hospital.
2
9. Q: After Erics discharge, what happens next?
A: Kimmy will go home and Eric is not with her. I think he goes back
to his own place after the discharge.

and belief.

SANSA D. STAR
Affiant

Transportation Office on September 09, 2016, bearing his photograph and
City on August 21, 2017, and having proved his identity by competent proof
of identity 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. Jon Snow

Doc No. 4
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
3
1. I personally conducted the examination of Sansa D. Star for Civil Case

No. 123-45 entitled Eric Consunji versus Kimmy D. Consunji for nullity of
marriage with support pendente lite at the aforementioned office address;


ATTY. YURI CHAN


instrument.
Atty. Jon Snow

Doc No. 5
Page No. 1
Book No. 1
Series of 2017.
4
ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of
X ------------------------------------------------------------------------------ X
JUDICIAL AFFIDAVIT OF MARIA C. REYES
I, MARIA C. REYES, 45 years old, married and residing at 1233

Scout Rallos St., Quezon City, Philippines, witness for the respondent in this
case, states under oath that:

PURPOSE
This affidavit/testimony of witness Maria C. Reyes being offered to

prove that Mrs. KIMMY D. CONSUNJI is not psychologically incapacitated
to fulfill her marital and parental obligations, to establish that KIMMY
CONSUNJI has been taking care of their kids since ERIC CONSUNJI left
the family, and to show that ERIC CONSUNJI has been violent towards
KIMMY CONSUNJI.
1
follows, to wit:
1. Q: Sino po sila and ano yung edad nila?

A: Ako si Maria C. Reyes. Ako po ay 40 taon gulang.
2. Ano po ang relasyon niyo sa mag-asawa?

A: Ako yung katulong ng mag-asawa. Ako yung nag-aalaga sa mga
bata pag wala yung mag-asawa.
3. Q: Ilang taon na po kayo nasa bahay ni Eric at ni Kimmy at Kimmy?

A: Pagsilang pa lang kay Roxanne, nandyan na po ako. Hanggang
ngayon, kahit wala na po si Sir Eric, ako pa rin ang yaya ng mga
bata.
4. Q: Kamusta po si Eric at si Kimmy bilang mag-asawa?

A: Sa totoo lang po, hindi masyadong OK ang nakikita ko sa kanila.
Lagi po silang nag-aaway at nagsisigawan. Lumala po ang relasyon
ng mag-asawa nung umalis si Sir Eric ng bahay. Si Maam Kimmy na
po yung naging tatay at nanay ng mga bata nung umalis si Sir Eric.
Sa totoo lang po sir, sa kay Maam Kimmy at sa mga bata po ako
naaawa. Kaya din po ako di makaalis.
5. Q: Kamusta po ang reaksyon ng mga bata nung umalis si Eric sa

bahay?
A: Lagi po silang umiiyak at naaawa sa nanay nila. Sir Sir Eric po
Minsan, nakakatakot siya. Buti nalang at andyan palagi si Maam
Kimmy para sa mga anak kahit umalis si Sir Eric sa bahay. Sobrang
hanga ako sa kanya [Kimmy].
6. Q: Ano po yung ginagawa ni Eric kay Kimmy nung nakatira pa siya

sa bahay?
A: Sinasampal po ni Sir Eric si Maam Kimmy, tinatawag niyang
loshang, pangit, dating GRO. Mga ganyan po. Di ko talaga
alam kung paano natitiis ni Maam Kimmy lahat ng pang-aabuso ni
Sir Eric sa kanya.
7. Q: Ano po ginagawa ni Kimmy pagkatapos mangyari ang mga

insidenteng ganiyan?
A: Umiiyak. Umiinom. Ganyan.
2
8. Q: Meron pa rin bang komunikasyon yung mag-asawa?
A: Meron parin po. Naalala ko umalis bigla si Maam Kimmy ng
bahay para dalhin si Sir Eric sa ospital. Di siya umuwi ng bahay nun
kasi busy sa pag intinde kay Sir Eric. Habang wala siya sa bahay,
kami ni Maam Sansa yung nagbantay muna sa mga bata.
9. Q: Bumalik ba si Eric sa bahay pagkatapos niya ma-discharge sa

ospital?
A: Hindi po sila magkasama bumalik. Si Maam Kimmy lang po
bumalik sa bahay pagkatapos ng insidenteng yun.

veracity of the foregoing facts which are based on my personal
knowledge and belief.
IN WITNESS WHEREOF, I have hereunto affixed my

signature this 30th day of August, 2017 at Makati City.
Maria C. Reyes
Affiant

Transportation Office on October 19, 2016, bearing his photograph and
City on August 19, 2017, and having proved his identity by competent proof
of identity 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. Jon Snow

3
Doc No. 6
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
8F, 8 Rockwell, Rockwell Drive Rockwell Center, Makati City, Philippines,
after being duly sworn depose and say that:
1. I personally conducted the examination of Maria C. Reyes for Civil Case



ATTY. YURI CHAN


Transportation Office on October 19, 2016, bearing her photograph and
City on Aug 19, 2017, 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.
4
Atty. Jon Snow
Doc No. 7
Page No. 1
Book No. 1
Series of 2017.
5
ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of
X ------------------------------------------------------------------------------ X
JUDICIAL AFFIDAVIT OF JANE D. HEALER
I, Jane D. Healer, 25 years old, single, and living at 1234 Scout Rallos
St., Quezon City, Philippines, witness for the Respondent in this case, states
under oath that:

PURPOSE
This affidavit/testimony of witness Jane D. Healer is being offered to

prove that Mr. ERIC C. CONSUNJI was brought to the hospital in multiple
occasions by the wife, Mrs. KIMMY D. CONSUNJI.
follows, to wit:
1
record.
A: I am Jane D. Healer, 35 years old, single, and with residence at
1234 Scout Rallos St., Quezon City, Philippines. I am currently the
attending nurse in the Emergency Room unit of Medical City located
at Ortigas Avenue, Pasig City, Metro Manila, Philippines
2. Q: How do you know the plaintiff in this case?

A:I first met him when he was brought to the Emergency Room in
three separate occasions.
3. Q: Can you describe the first occasion?

A: The first time was in 21 January 2017. He was brought to the
hospital through an ambulance and accompanied by a woman who
identified herself as the wife of the patient. The patient was rushed to
the hospital due to alcohol abuse, bordering alcohol poisoning.
4. Q: Can you describe the second occasion?

A: The second time was on 05 March 2017. He was brought to the
hospital by the same woman who again, identified herself as the wife
of the patient. This time, the patient was confined in the intensive care
unit of the hospital for alcohol abuse.
5. Q: Can you describe the third occasion?

A: The third time was in 18 June 2017. He was brought to the hospital
by the same woman who again, identified herself as the wife of the
patient. The patient was again, confined in the intensive care unit of
the hospital for alcohol abuse.
6. Q: Were you able to get the name of the woman who identified as her
wife?
A:Yes. Her name is Kimmy D. Consunji.
7. Q: How were you able to know her name?

A: That is what she wrote in the Registration Form.
8. Q: How were you able to know her relationship with the patient?
A: She wrote in the Registration Form of her relationship with the
patient and the concerned look at the uneasiness on the part of the
wife manifested to me that there is a romantic relationship between
the woman and the patient.
2
9. Q: Are the three instances your only interaction with the parties?
A: No. There was also an instance where the wife, Kimmy D.
Consunji went to the Emergency Room for the treatment of numerous
bruises.
10. Q: When did this happen?

A: This happened sometime before hospitalization of Eric Consunji
in the Intensive Care Unit. I distinctly remembered her because she is
my first patient which might be linked to spousal abuse.
11.Q: Can you describe the injury?

A: There were numerous soft tissue contusions secondary to blunt
force trauma on the arms.Asda
12.Q: Would you know the cause of the bruising?

A: As medical professionals, we do not decide on the cause of the
bruising.
13.Q: In your professional experience, how would you categorize the

bruising?
A: Based on experience, it is consistent with the bruising caused by
marital abuse.
14. Q: Why did you not report it?

A: The patient insisted that the injury was due to her tripping and
falling on the stairs. I just gave her an advice to ask for help the next
time she fell down the stairs.

and belief.

JANE D. HEALER
Affiant
3
Transportation Office on August 10, 2016, bearing his photograph and
City on April 6, 2017, and having proved his identity by competent proof of
Atty. Jon Snow

Doc No. 8
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
1. I personally conducted the examination of Jane D. Healer for Civil Case



4
ATTY. YURI CHAN

instrument.
Atty. Jon Snow

Doc No. 9
Page No. 1
Book No. 1
Series of 2017.
5
ERIC C. CONSUNJI
Petitioner,

FOR: Declaration of
X ------------------------------------------------------------------------------ X
JUDICIAL AFFIDAVIT OF BEA T. RITZ
I, BEA T. RITZ, 23 years old, single, and living at 2346 Annapolis

St., Greenhills, San Juan City, Philippines, witness for the Respondent in
this case, states under oath that:

PURPOSE
This affidavit/testimony of witness Bea T. Ritz is being offered to

prove that Mr. ERIC C. CONSUNJI was brought to the hospital by the wife,
Mrs. KIMMY D. CONSUNJI.
record.
1
A: Bea T. Ritz, 23 years old, single, and living at 2346 Annapolis St.,
Greenhills, San Juan City, Philippines. I am currently the attending
nurse in the Emergency Room unit of Cardinal Santos Hospital
located at Wilson St., Greenhills, San Juan City, Metro Manila,
Philippines
2. Q: How do you know the plaintiff in this case?

A: I first met him when he was brought to the Emergency Room last
November 9, 2016.
3. Q: Can you describe the occasion?

A: He was brought to the hospital through an ambulance and
accompanied by a woman who identified herself as the wife of the
patient. The patient was rushed to the hospital due to anxiety attack
and alcohol abuse, bordering alcohol poisoning.
4. Q: Were you able to get the name of the woman who identified as her
wife?
A: Yes. Her name is Kimmy D. Consunji.
5. Q: How were you able to know her name?

A: That is what she wrote in the Registration Form.
6. Q: How were you able to know her relationship with the patient?
A: She wrote in the Registration Form of her relationship with the
patient. Further, the actions of the lady companion and the uneasiness
on the part of the wife manifested to me that there is a romantic
relationship between the woman and the patient.

and belief.

Bea T. Ritz
Affiant
2
Transportation Office on November 11, 2016, bearing his photograph and
signature and Community Tax Certificate No. 416742 issued by San Juan
City on June 6, 2017, and having proved his identity by competent proof of
Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
1. I personally conducted the examination of Bea T. Ritz for Civil Case No.
123-45 entitled Eric Consunji versus Kimmy D. Consunji for nullity of


3
ATTY. YURI CHAN

instrument.
Atty. Jon Snow

Doc No. 11
Page No. 1
Book No. 1
Series of 2017.
4
ERIC C. CONSUNJI
Petitioner,
Civil Case No. 123-45
-versus- For: Nullity of Marriage
with Demand for Support
KIMMY D. CONSUNJI, Pendente Lite
Respondent.
X----------------------------------------------------------------------------------- X
JUDICIAL AFFIDAVIT OF BRIENNE TARTH
I, BRIENNE TARTH, Filipino, 30 years of age, single, and residing

at Unit 811 Rockwell Condominium, Makati City, after having been sworn
in accordance with law, hereby respond to the following questions being
propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law
Office at Unit 8F 8 Rockwell Dr. Makati City, with full consciousness that
my answers are being given under oath and that I may otherwise face
criminal liability for false testimony or perjury.

PURPOSE
The affidavit/testimony of witness Brienne Tarth is being offered to

prove that the marriage of Eric Consunji and Kimmy Consunji was troubled
and that Eric became violent.
1
follows:
1. Q: What is your name?

A: Brienne Tarth.
2. Q: How old are you?

A: 30 years old.
3. Q: Where do you currently live?

A: Unit 811 Rockwell Condominium, Makati City.
4. Q: Do you understand why you are giving this testimony?

A: Yes.
5. Q: Why are you giving this testimony?

A: I understand that Eric is filing a case for the nullity of his marriage
to Kimmy and I am asked what I observed from their relationship.
6. Q: In what language do you wish to have this examination be

conducted?
A: English.
7. Q: Do you understand that you are required to answer the questions

truthfully, and that you may be liable for any falsity?
A: Yes.
8. Q: How do you know Eric and Kimmy Consunji?

A: Eric and Kimmy used to live in the condominium unit beside me in
2010. Being my new neighbors, I introduced myself to them when
they moved in.
9. Q: How long have you been living in this condominium?

A: Since 2005 up to the present.
10.Q: How would you describe your relationship with the Consunjis?
A: Initially, we were only neighbors and I had limited interaction with
them. We usually see each other on the hallways and corridors of the
condominium and we would just say hi or hello.
11. Q: Did you become close to them?
2
A: Eventually, I became close to Kimmy because she was the one
who remained at home while Eric worked. I think she was lonely
because she had no one talk to while she was at home. Naturally, as
neighbors, we would help each other out. We would talk about the
condominiums problems, her kids, and other domestic concerns. As
time went by and I grew closer to Kimmy, she would invite me to
special occasions, like the kids birthdays. I would also invite her if I
held a party.
12. Q: What did you notice about the Consunjis marriage?

A: At first, their marriage seemed normal and nothing felt off. I
started noticing that something was wrong late in 2010. I forgot the
exact date. That was the first instance I heard a ruckus from their unit
late at night. As a result, I was awoken from my sleep. I cannot
exactly make up what made the sounds but there were definitely
people shouting at each other like they were fighting. As to what they
were fighting about, I could not make out.
13. Q: What happened next?

A: I just went back to sleep. I did not want to interfere as I thought it
was normal that couples have arguments at times.
14. Q: Was that the only time you noticed this?

A: No. Sadly, after that night, I kept on hearing them fighting from
my unit. The worse scenario was when Kimmy came knocking on my
door with bruises. Eric angrily came knocking at my door right after
searching for Kimmy. At first, I was afraid because he looked really
mad but I talked sense into him and told him to let his anger pass and
promise that Ill return Kimmy home the following day. I took her in
that night and took care of her. The day after, I think Eric already
calmed down and apologized to her so she went back to their unit.
15. Q: What else do you know of their marital problems?

A: Im not close to Eric and all I know is what Kimmy has told me.
According to her, their fight started when she discovered that Eric had
another woman. When she told Eric that she knew, Eric denied it.
When she kept on insisting, Eric got mad at her and told her to stop
accusing him of something that he did not do.
Many times, Kimmy would keep crying and confide in me with their
marital problems. She was so troubled then. She was worried very
3
much for her children and since the kids were still very young,
Kimmy wanted to keep the family together as much as she could bear.
16. Q: This went on for how long?

A: Ever since that first time I heard them fighting, this went on
regularly. Around once a week, I would say, during the time they
were my neighbors. After they moved to Quezon City, I did not hear
much from Kimmy anymore.
Atty. Yuri Chan: No further questions for the witness.

and belief.

Brienne Tarth
Affiant

Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
4
Series of 2017.
ATTESTATION
1. I personally conducted the examination of Brienne Tarth for Civil Case


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

30th day of August 2017 at Makati City.
ATTY. YURI CHAN


instrument.
Atty. Jon Snow
5
Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
6
ERIC C. CONSUNJI
Petitioner,
Respondent.
X----------------------------------------------------------------------------------- X
JUDICIAL AFFIDAVIT JOY D. CONSUNJI
I, JOY D. CONSUNJI, Filipino, 10 years of age, single, and residing

at 24 Butterfly St., Farm Subdivision, Quezon City, after having been sworn
in accordance with law, hereby respond to the following questions being
propounded by Atty. Yuri Chan of Chan, Dimaandal and Associates Law
Office at Unit 8F 8 Rockwell Dr. Makati City, with full consciousness that
my answers are being given under oath and that I may otherwise face
criminal liability for false testimony or perjury.

PURPOSE
The testimony of Joy Consunji is being offered to prove that Kimmy

Consunji, the respondent, is able and have been fulfilling her parental and
marital obligations.
1
follows:

A: Joy Consunji.

A: 10 years old.

A: 24 Butterfly St., Farm Subdivision, Quezon City.

A: Yes.

conducted?
A: English.

A: I think Mama and Papa are fighting so I am asked what happens at
home.

A: Yes.
8. Q: How are you related to Eric C. Consunji?

A: Eric is my father.
9. Q: How are you related to Kimmy D. Consunji?

A: Kimmy is my mother.
10. Q: Who do you live with in Quezon City.

A: I live with Mama, Maxim, my brother, and Roxanne and Jaya, my
sisters, and yaya Maria.
11. Q: How is your relationship with your mother?

A: I love Mama.
12. Q: Can you go into details? What does your mother normally do at
home?
A: She takes us to school. She cooks for us and buys us things we
need for school.
13. Q: What else does she do?

A: She also takes care of Jaya, who only stays at home since she is
special.
2
14. Q: On weekends what do you do?
A: We go to church and the mall.
15. Q: How about your yaya, Maria, what does she do?
A: She also cooks and cleans at home and help Mama.
16. Q: Has your relationship with your mother always been this way?
A: No, when Papa was with us, the house always felt chaotic.
17. Q: Chaotic? How?

A: Mama and Papa kept fighting and shouting at each other.
18. Q: Would you know why your parents kept fighting?

A: They dont really tell me why.
19. Q: How did your parents fight?

A: They would shout at each other. Mama would then end up crying.
20. Q: How was your mother during this time?

A: She was always sad and worried.
21. Q: How is your relationship with your father now?

A: He sees us sometimes.
22. Q: So your mother has been able to take good care of you?
A: Yes, she takes care of all of us.
23. Q: Was there ever a time your electricity and water supply at home
got cut off?
A: Yes, just last July. It was because we dont have enough money.
But only for one day because Mommy got money and paid for it the
next day.

and belief.

31st day of August, 2017 at Makati City.
Joy Consunji
Affiant
3
Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
1. I personally conducted the examination of Joy D. Consunji for Civil Case



4
ATTY. YURI CHAN

instrument.
Atty. Jon Snow

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.
5
ERIC C. CONSUNJI
Petitioner,
Respondent.
X----------------------------------------------------------------------------------- X
JUDICIAL AFFIDAVIT OF ROXANNE D. CONSUNJI
I, ROXANNE D. CONSUNJI, Filipino, 17 years of age, single, and

residing at 24 Butterfly St., Farm Subdivision, Quezon City, after having
been sworn in accordance with law, hereby respond to the following
questions being propounded by Atty. Yuri Chan of Chan, Dimaandal and
Associates Law Office at Unit 8F 8 Rockwell Dr. Makati City, with full
consciousness that my answers are being given under oath and that I may
otherwise face criminal liability for false testimony or perjury.

PURPOSE
The testimony of Roxanne Consunji is being offered to prove that

Kimmy D. Consunji, the respondent, is able and have been fulfilling her
parental and marital obligations.
follows:
1
A: Roxanne Consunji.

A: 17 years old.

A: 24 Butterfly St., Farm Subdivision, Quezon City.

A: Yes.

conducted?
A: English.

A: To defend my mother from the accusations of my father against
her.

A: Yes.
8. Q: How are you related to Eric C. Consunji?

A: He is my father.
9. Q: How are you related to Kimmy D. Consunji?

A: She is my mother.
10. Q: Who do you live with in Quezon City.

A: My mother, Maxim, my half-brother and Joy and Jaya, my
younger sisters. We also have househelp at home, Maria.
11. Q: How is your relationship with your mother?

A: It is okay.
12. Q: Can you go into details? What does your mother normally do at
home?
A: She makes sure were well-fed and healthy. Every day, she sends
us to school, makes sure we are prepared for school and gives us
baon.
13. Q: What else does she do?

A: She also helps us with our homework at night when we get home
from school.
2
14. Q: On weekends what do you do?
A: Sometimes, all of us go to the mall together and on Sundays, we
go to Church.
15. Q: How about your yaya, Maria, what does she do?
A: She just helps Mama with the work at home. She does the laundry,
cleans the house, and she also cooks.
16. Q: Has your relationship with your mother always been this way?
A: It is only recently that the situation at home is peaceful. When
Papa was still staying with us, Mama and Papa kept fighting, and
Mama was always disturbed.
17. Q: Would you know why your parents kept fighting?

A: I think it was because Mama found out that Papa had another
woman.
18. Q: How did your parents fight?

A: They would scream at each other. Sometimes, it would get
physical that Mama would have bruises when Papa would restrain her.
19. Q: How was your mother during this time?

A: She was depressed. There were times I would see her crying but
she did not really showed us. I just see her inside her room without
her noticing.
20. Q: How is your relationship with your father now?

A: I think it is better now. Our setup is more peaceful with Papa away.
21. Q: Does he visit you?

A: Yes, sometimes, although not regularly.
22. Q: Does your father still support you financially?

A: I am not really aware of our finances. I just know Mama takes care
of everything. But Papa does not give us money directly.
23. Q: So your mother has been able to take good care of you?
A: Yes, she takes care of everything at home.
24. Q: Was there ever a time your electricity and water supply at home
got cut off?
A: Yes, just last July. It was because we dont have enough money.
But only for one day because Mommy got money and paid for it the
next day.
3
and belief.

31st day of August, 2017 at Makati City.
Roxanne Consunji
Affiant

Atty. Jon Snow

Doc No. 10
Page No. 1
Book No. 1
Series of 2017.
ATTESTATION
1. I personally conducted the examination of Roxanne D. Consunji for Civil

Case No. 123-45 entitled Eric Consunji versus Kimmy D. Consunji for
4
nullity of marriage with support pendente lite at the aforementioned office
address;


ATTY. YURI CHAN


instrument.
Atty. Jon Snow

Doc No. 12
Page No. 11
Book No. 14
Series of 2017.

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Judicial Affidavits Final

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Republic of the Philippines

REGIONAL TRIAL COURT

-versus- Civil Case No. 123-45

JUDICIAL AFFIDAVIT OF KIMMY D.CONSUNJI

I, KIMMY D. CONSUNJI, 47 years old, married, Filipino, residing at 24

The person examining me is Atty. Yuri Chan with address at 123-A,

This affidavit/testimony of witness Kimmy D. Consunji, the

3. Q: When did you and Eric get married?

6. Q: Who was residing with you in the Kintex Condominium at that

8. Q: When was Maxim born?

10. Q: Why did you leave your show business career?

16.Q: When was Roxanne born?

18.Q: What made you and Eric decide to get married?

19.Q: How was the relationship of Eric and Maxim?

21.Q: When were Joy and Jaya born?

25.Q: What happened to your suspicions as to Erics cheating?

26.Q: What happened when you confronted Eric?

28.Q: What were your further findings on Erics alleged infidelity?

31.Q: When did you admit yourself into Droga Foundation?

36.Q: How did Eric try to prove your psychological incapacity?

37.Q: How did the psychological evaluation go?

38.Q: Why did you refuse to undergo the psychological evaluation

This affidavit is being executed to attest to the truthfulness and

IN WITNESS WHEREOF, Ihave hereunto affixed my

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

Atty. Jon Snow

2. I have faithfully recorded or caused to be recorded the questions I asked

IN WITNESS WHEREOF, I have hereunto set my hand on this 13th

ATTY. YURI CHAN

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Atty. Jon Snow

-versus- Civil Case No. 123-45

JUDICIAL AFFIDAVIT OF MAXIM D. CONSUNJI

I, MAXIM D. CONSUNJI, of legal age, single, and living at 24

The person examining me is Atty. Yuri Chan with address at 123-A,

This affidavit/testimony of witness Maxim D. Consunji being offered

2. Q: What is your relationship with the parties in this case?

4. Q: Can you describe your relationship with your adoptive father?

5. Q: Can you describe your relationship with your mother?

7. Q: After your father left you, how was your mother?

9. Q: What is the employment of your mother?

10. Q: if your mother is unemployed, how do you think your mother is

11. Q: Would you know how much it is?

12. Q: Why would you say it is not enough?

Atty. Chan: No further questions for the witness.

This affidavit is being executed to attest to the truthfulness and

IN WITNESS WHEREOF, I have hereunto affixed my signature this

Atty. Jon Snow

1. I personally conducted the examination of Maxim D. Consunji for Civil

2. I have faithfully recorded or caused to be recorded the questions I asked

IN WITNESS WHEREOF, I have hereunto set my hand on this 30th

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Atty. Jon Snow

-versus- Civil Case No. 123-45

JUDICIAL AFFIDAVIT OF SANSA D. STAR

I, SANSA D. STAR, 35 years old, single, and living at 23 Butterfly

The person examining me is Atty. Yuri Chan with address at 123-A,

This affidavit/testimony of witness Sansa D. Star being offered to

2. Q: What is your relationship with the parties in this case?

5. Q: You mentioned one of his girls, what do you mean by this?

7. Q: Would you know if there is still contact or communication between

8. Q: When Kimmy was in the hospital, who is looking after the

Atty. Chan: No further questions for the witness.

This affidavit is being executed to attest to the truthfulness and