judicial affidavit - bruno (1)

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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 85, QUEZON CITY PEOPLE OF THE PHILIPPINES Plaintiff, Criminal Case No. Q-10- 00604 -versus- For Bigamy ANA MASCENON y SONCUYA Accused x--------------------------------------------------x JUDICIAL AFFIDAVIT OF BRUNO MASCENON (in lieu of direct examination) I, Bruno Mascenon, of legal age, a businessman, with residence at 123 Columbia Street, Loyola Grand Villas, Quezon City, private complainant in this case, state under oath as follows: PRELIMINARY STATEMENT The person examining me is Atty. Kristel Francine L. Tiu with address at 2121 Chino Roces Avenue, Makati City. 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. PURPOSE This affidavit/testimony of private complainant Bruno Mascenon is being offered to prove that the accused, Ana Mascenon y Soncuya, contracted a valid and subsisting marriage with private complainant. AFFIDAVIT PROPER Q1. Please state your name and other personal circumstances for the record. A1. My name is Bruno Mascenon. I am 29 years old, a

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Page 1: Judicial Affidavit - Bruno (1)

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONBRANCH 85, QUEZON CITY

PEOPLE OF THE PHILIPPINES Plaintiff,

Criminal Case No. Q-10-00604 -versus- For Bigamy

ANA MASCENON y SONCUYA Accused

x--------------------------------------------------x

JUDICIAL AFFIDAVIT OF BRUNO MASCENON(in lieu of direct examination)

I, Bruno Mascenon, of legal age, a businessman, with residence at 123 Columbia Street, Loyola Grand Villas, Quezon City, private complainant in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Kristel Francine L. Tiu with address at 2121 Chino Roces Avenue, Makati City. 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.

PURPOSE

This affidavit/testimony of private complainant Bruno Mascenon is being offered to prove that the accused, Ana Mascenon y Soncuya, contracted a valid and subsisting marriage with private complainant.

AFFIDAVIT PROPER

Q1. Please state your name and other personal circumstances for the record.A1. My name is Bruno Mascenon. I am 29 years old, a businessman, living at

123 Columbia Street, Loyola Grand Villas, Quezon City.

Q2. Are you the same Bruno Mascenon, the private complainant in this case?A2. Yes ma’am.

Q3. Do you know the accused Ana Mascenon y Soncuya?A3. Yes ma’am.

Q4. What is your relationship with her?A4. She is my wife. I married her on August 16, 2008.

Q5. Do you have proof of your marriage?A5. Yes ma’am. I have our marriage certificate.

Q6. Are you still married to the accused?

Page 2: Judicial Affidavit - Bruno (1)

A6. Yes ma’am, but we have been living separately.

Q7. How long have you been living separately?A7. We have been living separately for almost four years.

Q8. When did you start living separately?A8. My wife moved out of our home on October 16, 2008.

Q9. Are you legally separated?A9. No ma’am.

Q10. What was the cause of your separation? A10. My wife’s infidelity.

Q11. Do you know a certain Pacquito Diaz?A11. Yes ma’am. He is the man with whom my wife subsequently contracted

marriage.

Q12. When did you learn that your wife contracted a second marriage?A12. I only learned of my wife’s marriage to Pacquito Diaz last August 16,

2012.

Q13. How did you learn of your wife’s second marriage?A13. I saw my friend Max Alvarado post a message on Facebook congratulating

my wife on her third wedding anniversary with Pacquito Diaz.

Q14. Do you have proof of your wife’s marriage to Pacquito Diaz?A14. Yes ma’am. I have their marriage certificate.

Q15. What was the status of your marriage to the accused when she married Pacquito Diaz?

A15. Our marriage was valid when she married Pacquito Diaz and is still valid now. It has not been legally dissolved to this day.

Q16. Aside from marriage contracts, do you have other documents to prove that the accused married Pacquito Diaz and yourself?

A16. Yes ma’am. I have a Certification from the National Statistics Office (NSO) showing Ana Mascenon’s marriage to Pacquito Diaz.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July 2013 at Makati City.

___________________Affiant

Page 3: Judicial Affidavit - Bruno (1)

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City this 11th day of July 2013. Affiant personally came and appeared with Driver’s License No. N03-07-002278 issued by the Land Transportation Office on May 3, 2013 at Quezon City, 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 law to the whole truth of the contents of said instrument.

Atty. Jose Antonio Certeza Notary Public

Doc. No. 403 Until December 31, 2013Page No. 103 Office: 2121 Chino Roces Avenue, Makati CityBook No. 03 Roll No. 40447 Series of 2013 IBP Lifetime Roll No. 883107; 01/09/12 ; Makati City

PTR No. 6115919 ; 01/12/12 ; Makati CityMCLE Compliance Cert. No. III-0013040; 04/19/10

I, Kristel Francine L. Tiu, of legal age, Filipino, with postal address 2121 Chino Roces Avenue, Makati City, after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Bruno Mascenon at my aforementioned office in 2121 Chino Roces Avenue, Makati 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 the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2013 at ___________.

ATTY. __________________Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for _________(City/Province)____________ this ____th day of ____________ 20___. Affiant personally came and appeared with _____________(Competent Evidence of Identity)______ issued by the _________(Government Agency)______ on ___(date)__ at ________(place)_________, 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 law to the whole truth of the contents of said instrument.

Atty ___________________________________________Notary Public

Doc. No. ____ Commission Serial No. ____________________________

Page 4: Judicial Affidavit - Bruno (1)

Page No. ____ Notary Public for _______(Province/City)______________Book No. ____ Until December 31, 20__Series of 20__ Office: ______________(address)____________________

Roll No. __________IBP Lifetime Roll No. _________; __/__/__ ; _(Province)_PTR No. _________ ; __/__/__ ; _(Province)_MCLE Compliance Cert. No. __________; __/__/__