Judicial Affidavit of Expert Witness [PDF]

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Republic of the Philippines Third Judicial Region REGIONAL TRIAL COURT Malolos City, Bulacan Branch ___ KIMBERLY R. RESURRECCION-SANTOS,                   Petitioner,               -versus-

CIVIL CASE NO. 000-M-20__ FOR: ANNULMENT OF MARRIAGE

JAYMARK A. SANTOS,                          Respondent. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x JUDICIAL AFFIDAVIT OF (NAME) I, DR. (NAME), of legal age, Filipino, married, Gynecologist and a resident of Alido Heights Subdivision, City of Malolos, Bulacan, after having been sworn in accordance with law, by way of this Judicial Affidavit, hereby testifies before this Honorable Court as follows: The person examining me is Atty. ______________ with office address at THE LAW OFFICE OF _______________, 123 Hiyas Bldg., Capitol Compound, Malolos, Bulacan. The examination is being held at the same address. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. That the purpose of the instant testimony is being offered to prove among other, that the witness is an expert witness; the fact that the witness herein is the gynecologist of the plaintiff; and the plaintiff in this case remained to have her hymen intact despite of being married for three (3) years; 1. Q: Please state your name and other personal circumstances for the record. A: I am, NAME, 35 years old, married, Residing in Alido Heights Subdivision, City of Malolos, Bulacan. 2. Q: Ms. Witness, you stated that you are a Gynecologist, will you state some of your qualification, if any? A: a. I am a graduate of Medicine at Virgin Milagrosa Educational Institution Institute of Medicine Foundation in 1999 and passed the Licensure Examination on June 6, 2000;

b. After passing the Licensure Examination, I took up my Residency Training at St. Virgin Mary’s Hospital for 4years; c. I am still connected with said hospital as Medical Specialist III; (reresearch pa, baka kasi para sa ibang field ito at di applicable sa OB - Kim) d. I have been an OB/GYNE for (computetin pa years to be accurate) e. I have testified in Court as an expert witness for more than 50 times in various case and more than 40 times on annulment cases. 3. Q: Aside from said qualifications, have you passed/received Civil Service Eligibilities, training and work experiences, received Certifications, appointments and did research papers? A: Yes. I have with me my curriculum vitae which listed down the said eligibilities, certifications, work experiences, appointments, affiliations and research papers. 4. (Lalagay dito yung tungkol sa result kung kanya ba signature, diko pa lang maconstruct ng maayos) 5. Q: Doctor, do you know Kimberly R. Resurreccion-Santos? A: Yes, she is my regular patient. 6. Q: How about the defendant of this case, Jay Mark A. Santos, do you know him? A:Yes. He is the lawful husband of my patient, Kimberly R. ResurreccionSantos 7. Q: Do you have any idea what the case is about? A: Yes. It is a civil case for annulment of marriage filed by my client against her husband. 8. Q: How and when did you first met the plaintiff of this case? A: She went to my clinic at 05 Cadena De Amor St. Alido Heights, Malolos City, Bulacan on October 12, 20___. 9. Q: And what happened next? A: She asked for a regular check-up about her health. Wherein I conducted the necessary tests to know her condition. 10.Q: And what did you find out? A: She is healthy and is at the optimum time to be pregnant and have a child birth. 11.Q: And what happened next?

A: She continued her regular visits from then on, until she requested my assistance to conduct an examination for her. 12.Q: Can you tell the court what kind of examination was it? A: Yes, she requested if I could examine her and verify if she was still a virgin. 13.Q: Did she tell you the reason why she wanted to know? A: Yes, she claimed that she will use the result of the examination with regard to the nullity of her marriage with the respondent. 14. Q: And after Kimberly Resurreccion presented herself to you for an examination with respect to her intention to nullify her marriage, what happened next? A: Initially, I first did some probing questions to her in order to determine if there are valid reasons for the filing of nullity of marriage by the said client. 15. Q: And what is the result of those probing questions that you said you have conducted on Mrs. Santos? A: After doing it, I found out that there are indeed valid reasons. 16.Q: When was the examination done, if you still recalled? A: It was only a month after she filed a case for annulment against her husband. 17.Q: Can you tell the court the exact date of such examination? A: Yes. It was on _______________ 18.Q: You said you examined her, where did you examine her? A: At my clinic in Alido Heights. 19.Q: Ms. Witness, can you elaborate when you said that she is requesting you to verify her virginity, what examination is the plaintiff requesting? A: The plaintiff is requesting that her hymen be checked if it was still intact. 20. Q: Ms. Witness I am showing you a document of a medical report (Exhibit “___”). Do you recognize it? A: Yes, Sir. 21.Q: Can you tell us what is this document about? A: Yes, Sir. This is the medical report I personally written to document my findings on the status of the hymen of the Plaintiff. 22.Q: What does the medical report says? A: The report shows that the plaintiff has her hymen still intact despite being married for three years now. 23.Q: Can you elaborate, for the purpose of this testimony, the meaning of “her hymen still intact?”

A: In medical impression, it means that the hymen has not been penetrated or abused by any object. 24. Q: Is there anything else you wanted to testify? A: Nothing further. Malolos City, Bulacan _______ ___, 2019. (THIS PORTION WILL BE EDITED AFTER GROUP APPROVAL) Affiant             SUBSCRIBED and sworn to before me in Malolos City, Bulacan on __________ ____, 20___, affiant showing his/her competent proof of identity, to wit: ID: _____________________________                                                                                                 Notary Public Doc. No. __ Page No. __ Book No. __ Series of 20__.

IV.              EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT. Exhibit “____” V.                SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF THE WITNESS. The undersigned ATTY. _____________________, of legal age, married, and with law office address __________________________________________________________________ _____ under oath, deposes and states: 1.       He is the Legal Counsel for the plaintiffs in the above-entitled case; 2.      He  faithfully  recorded  or  caused  to  be  recorded  the questions  he  asked  and  the corresponding  answers  that  the above-named witness gave; 3.      Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers; and

4.      He conducted the examination of the witness at his law office located at _____________________ ________________________________________________________________. Malolos City, Bulacan ________ ____, 2019. _Atty.___________________________ Affiant             SUBSCRIBED and sworn to before me in Malolos City, Bulacan on ______________ _____, 20___, affiant showing his/her competent proof of identity, to wit: ID: _________________________________.                                                                         Notary Public Doc. No. ___ Page No. ___ Book No. ___ Series of 2015. Copy Furnished: Xxx LAW OFFICES Counsel for Defendant XXX xxx Floors xxx CENTER xxx Ave. corner xxx St. xxx, xxx City xxx City                                     Reg. Rec. No.                                     Date                                                    PO             Register of Deeds  of Rizal Province Office of the Register of Deeds Of Rizal Province Binangonan, Rizal                                     Reg. Rec. No.                                     Date                                                    PO EXPLANATION             A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant and the Register of Deeds of Rizal Province via LBC Express Corp./registered mail due to the great distances of their respective addresses, due to the urgency of filing the same, and due to the lack of field personnel of the undersigned counsel at this time.

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