REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 8
BAGUIO CITY

NOEL FRANKLIN DIAZ SISON,

Petitioner,

VS. CIVIL CASE NO. 67895

Declaration of Nullity of
Marriage
JENNIFER ASHLEY VELASQUEZ-SISON,
Respondent.
x-------------------------------------------------------------x
JUDICIAL AFFIDAVIT
IN LIEU OF PETITIONER’S DIRECT TESTIMONY

COMES NOW, the Petitioner, by the undersigned counsel and to this Honorable
Court, most respectfully states:

I, NOEL FRANKLIN DIAZ SISON, of legal age, married and with residence
address located at 51 Brgy. Military Cut-off, Baguio City. After having duly sworn to in
accordance with law, hereby depose and state:

ATTY. BALGOS: We are offering the testimony of the witness to prove that: a)
both petitioner and the respondent are suffering from their respective psychological
incapacities; b) to testify on the manifestations of such incapacities; c) that these
incapacities are serious, incurable and existing prior to the parties’ marriage; and d) lastly,
that there is no more chance for both of them to reconcile.

ATTY. BALGOS: With the kind permission of this Honorable Court.

1. Q: Please state your name, age, address and occupation?

A: I am NOEL FRANKLIN DIAZ SISON, 38 years old, married, and
residing at 51 Brgy. Military Cut-off, Baguio City. I am a Civil Engineer.
2. Q: Are you the same NOEL FRANKLIN DIAZ SISON, the Petitioner in this
case?
A: Yes.
3. Q: Do you know the Respondent in this case, JENNIFER ASHLEY
VELASQUEZ-SISON?
A: Yes, she is my wife.
4. Q: When were you and the respondent married?
A: We were married on April 16, 2007.
5. Q: Do you have any proof that indeed you were married on April 16, 2007?
A: Yes, I have a copy of our marriage contract.
(Witness showing a copy of their marriage contract.)
ATTY. BALGOS: Your Honor, may I move that this Marriage Contract
dated April 16, 2007 between the petitioner and respondent celebrated in
Baguio City be marked as Exhibit “A”.
6. Q: Out of the said marriage, how many children did you have, if any?
A: We are childless, Sir.
7. Q: What properties did you acquire, if any, during marriage?
A: We have not acquired properties during the marriage.

8. Q: Can you describe your relationship with the respondent before you got
married?

A: I first met JENNIFER ASHLEY VELASQUEZ-SISON sometime during

the 3rd week of January, 2007. She was introduced to me by my friend. He always
goes to our house. She is very well respected by my parents and other relatives.

9. Q: After you met, what happened next, if any?

A: We had our first date the next day. The courtship lasted for 1 week. I went
back to the province but promised to see her again as soon as possible.

10. Q: How often do you see each other before you got married?

A: I met her January 2007 and we were married in April 2007. In between, I
only met her once in March 2007. I only stayed with her in Manila as I had to
attend to my business in the province.

11. Q: After the wedding celebration on April 2007, what happened next, if any?
 A: I wanted to stay in Manila with my wife and was, in fact, willing to look
for a job in the city but, she was reluctant and did not want me to sacrifice my job
in the province for her.

12. Q: How long did you stay together after the wedding celebration?

A: We only stayed together for three (3) days after the wedding celebration.

13. Q: What happened next after only staying together for three (3) days after the
wedding?

14. Q: I went back to the province. After a month, we talked over the phone to
discuss about our respective priorities. I encouraged her to stay with me in the
province but she refused because she has to prioritize her business here and attend
to her responsibilities to her family as well.

15. Q: So, when did you live together as husband and wife?

A: There is no instance that we live together as husband and wife.

16. Q: Why?

A: Because after staying with her for three (3) days from our wedding in
April 2007, we went back into our separate lives. We get in touch once in a while
through telephone conversation. Unfortunately, sometime in August 2007, we
decided to end our relationship.

17. Q: You mean, after being married for a little less than three months, you
ended your relationship?

A: Yes.

18. Q: After you ended your relationship, what happened next?

A: She became cold. She never misses me nor even tells me to visit her. If I
don’t call her, she would not dare to call me.

19. Q: Can you tell us, how does your wife treat you?

A: She is a type of a woman who likes to argue with me, even in small things.
She told me that the marriage contract was just a mere scrap of paper.
20. Q: What did she tell you, if any?

A: Sometime during last week of August 2007, my wife bluntly told me that
she’s dating someone. She said that we better move on with our lives and end the
relationship.

21. Q: After what she told to you, what happened next, if any?

A: We ended our relationship and never saw each other again.

22. Q: What happened next if, any?

A: Soon after, a common friend told me that she, my wife, is now in a live-in
relationship with someone else and had give birth to a baby boy. This child may
now be 6 years old.

23. Q: What happened afterwards, if any?

A: Taking into account the status of our marriage, I contemplated to file an

annulment case. Consequently, I underwent a psychological evaluation
examination.

24. Q: What is the result of the psychological evaluation examination?

A: As found by Clinical Psychologist Jacomo C. Cuni-it after thorough

analysis, she declared both of us psychologically incapacitated to assume our
marital obligations even from its very beginning.

(Attached herewith is the Psychological Evaluation Report hereto referred as

Exhibit “B”)

25. Q: Specifically, on your part as Petitioner, what is the finding on the said
report?

A: From the clinical standpoint, I was diagnosed to be suffering from a

psychological condition known as NEGATIVISTIC PERSONALITY
DISORDER.

26. Q: On the part of the respondent JENNIFER ASHLEY VELASQUEZ-

SISON, what is the corresponding finding?

A: She is suffering from ANTI-SOCIAL PERSONALITY DISORDER.

27. Q: What are the characteristics of these disorders?

A: This disorder is a serious and severe apparently incurable. This disorder is

chronic and long-standing before the marriage. The further findings provide that
“It is the clinical opinion of the undersigned that marriage between the two, had
already hit bottom rock even before the actual celebration of marriage.
Respondent’s immature, irresponsible and callous emotionality practically
harbors the possibility of having blissful relationship. His general behavior
fulfills the diagnostic criteria for a person suffering from Anti Social Personality
Disorder. Such disorder is serious and severe and it interferred in his capacity to
provide love, caring, concern and responsibility to his family. The disorder is
chronic and long-standing in proportion and appears incurable. The disorder was
present at the time of the wedding and became manifest thereafter due to stresses
and pressure of married life. He apparently grew up in a dysfunctional family.”

28. Q: What is the conclusion of the report?

A: That no amount of psychological behavioral help to cure such because

psychological disorder are not detrimental to men but to others particularly and
this because the person who have this kind of disorder do not know that they have
this kind of disorder. This psychological disorder is present during the wedding or
at the time of the wedding or became manifest thereafter.

29. Q: What do you want the court to do with your petition?

A: I would like the court to give us the chance to move on with our lives
where we would seek happiness. Psychologist Cuni-it strongly believes that
reconciliation would only do us more hurt and would create a significant risk to
our mental and behavioral comfort.

Personally, I would like to start my life afresh and humbly seeks to declare
my marriage an absolute nullity.

ATTY. BALGOS: That will be all for this witness, your Honor.

NOEL FRANKLIN DIAZ SISON

Affiant
 SUBSCRIBED AND SWORN to before me this 16th day of October at Baguio
City, Philippines, Affiant exhibiting to me his Passport bearing No. SS12345678 issued
on 10/9/11 and expiring on 11/9/16.

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of 2014____;

ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked and the
corresponding answers that the witness gave and that neither I nor any other person
present or assisting me has coached the witness regarding the latter’s statement.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 16th day of
October, 2014.

EMERSON L. BALGOS
Counsel for the Petitioner

SUBSCRIBED AND SWORN to before me this 16th day of October, 2014 at

Baguio City, Affiant exhibiting to me his driver’s license bearing No. N11-82-030573
expiring on 10/18/2015.

NOTARY PUBLIC

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of 2014____;