Republic of the Philippines )City of Manila ) S.S.

AFFIDAVIT I,Marj Cruz-Padilla , Filipinocitizen, oflegal age, married to Dannie Padilla, and a resident of 510, Lacon Street, Sampaloc, Manila, after having been duly sworn in accordance with law, hereby depose and say:1. That I am the sister of Melanie Batumbakal, the respondent in a custody case over Scarlett Batumbakal filed by Frank Batumbakal.

2. That according to our sister, Greta Cruz, Melanie separated with her husband Frank Batumbakal sometime in 2004, and left their house to live with Joey Cedric Lee.

3. That from the time Melanie left their house, Frank took care of their daughter Scarlett.

4. That every weekend, Frank would bring Scarlett to our house to play with my two kids her cousins, Julia and Claudia.

5. That during one of her weekend visits, I saw Scarlett crying. When I asked her the reason why, she told me she was sad because her mother did not attend the Family Day on August 11, 2004 in her school. So, I comforted her and assured her that everything will be okay.

6. That on Claudias birthday, August 17, 2004, I noticed that Scarlett was not mingling with the other kids and did not participate in the parlor games. When I asked her what was wrong, she told me some of her classmates were bullying her at school because of her mothers absence in the Family Day.

7. That sometime on October 2004 when Scarlett spent the night at our house, she woke up in the middle of the night screaming No mommy, no!

8. That after the nightmare incident, I talked to Frank and told him what happened. He told that Scarlett was having nightmares in their house too. So, Frank asked my opinion about getting help from a child psychologist.

9. That I noticed after several sessions with the child psychologist, Scarlett seemed to be slowly coping up with her depression. She would tell me stories about how happy she was with her bonding moments with her dad. She told me they would go to Church every Sunday and go to the amusement park afterwards.

10. That on May 10, 2005, Scarletts birthday, her depression manifested again because her mother did not attend the celebration. She locked up in her room and shouted My mom does not love me!. I was so worried so I called Melanie. But she did not answer any of my calls. So I called, Greta knowing Melanie is living with her, then she told me she saw Melanie using drugs.

11. That I accompanied Frank in taking Scarlett again to the child psychologist. The doctor sauid that Scralett was having separation anxiety and trust issues because of what happened to her and her mother.

12. That sometime in Semptember 2006, I noticed that Scarlett did not come to our house anymore. So I asked Frank why, and he told me that Melanie took Scarlett from school without his permission and she even texted him threats and demanded for money. Further Affiant sayeth none.

IN WITNESS WHEREOF, I have hereunto affixed mysignaturethis 27th day of September, 2006 in Manila, Philippines.Marj Cruz-PadillaAffiant

SUBSCRIBED AND SWORN TO BEFORE ME this 27th day of September 2006, affiant exhibiting to me his Drivers License No. N-04-0021230 bearing his photograph and signature, issued on 11 March 2004 at the City of Manila and valid until 11 March 2007.

Notary Public for Manila

Doc. No. 33Page No. 3Series of 2006