Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 001
Davao City
RON GAWAT,
Petitioner, Case No. Case No. DV001-
2002-1B
For: Declaration of Nullity
-versus-
of Marriage
HAZEL ABINUMAN,
Respondent.
x-------------------------------x
JUDICIAL AFFIDAVIT OF
RON GAWAT
I, RON GAWAT (RON for brevity), Filipino, of legal
age, married to HAZEL ABINUMAN (HAZEL for brevity),
and a resident of Prk. 10, Blessed Homes, Brgy. Bunawan,
Davao City, Davao Del Sur, Philippines do state under oath
and depose that:
The person interrogating me is ATTY. JENNICA GYRL
DELFIN, with office address at 3F Davao TBT Bldg., Iñigo
St. Cor Porras St., Bo. Obrero, Davao City, Philippines.
The Judicial Affidavit was prepared in English. I was
asked in a language known and understood by me. I gave
my answers on the questions below with the full
consciousness that I did so under oath, and that I may face
criminal liability for any false testimony or perjury.
The following are the questions asked by ATTY.
DELFIN with the corresponding answers which I gave:
QUESTIONS AND ANSWERS:
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Judicial Affidavit of RON GAWAT
1. Q: Kindly state the personal circumstances that are
relevant to the present case.
A: I am the Petitioner in the present case wherein I
am seeking to nullify our marriage on the ground of our
Psychological Incapacity to comply with the essential
marital obligations.
2. Q: What is your purpose in testifying today?
A: To prove that:
I have complied all the jurisdictional
requirements set forth in Section 5 of
Administrative Memorandum No. 02-11-10-SC
(Re: Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable
Marriages);
I married Hazel on June 3, 2002;
We have two children together;
We separated two years after we married
because of our extramarital affairs and
irreconcilable differences;
When we separated, we no longer communicated
except when there were matters that need to be
discussed regarding their children;
After our separation, it came to my knowledge
that HAZEL was impregnated in Dubai by a
different man;
To identify pertinent pieces of evidence; and
Other matters relevant to the case.
3. Q: You mentioned that you have complied with all
the jurisdictional requirements set forth in
Section 5 of Administrative Memorandum No. 02-
11-10-SC (Re: Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of
Voidable Marriages), what are these
requirements?
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Judicial Affidavit of RON GAWAT
A: I have here my Sworn Certification of Residency
with House Sketch location issued by the barangay,
sworn statement of counsel record verifying my
residency and that I have resided thereat for at least
six (6) months prior to the filing of this petition, and a
government issued I.D bearing my photograph and
address and issued at least six months prior to the
filing of this Petition.
4. Q: This Sworn Certification of Residency that I am
showing you with house sketch location that was issued
by the Office of the Barangay Council Bunawan Proper,
is this the what you are referring to?
A: Yes, Atty.
MANIFESTATION:
Your honor, I respectfully present to the Honorable
Court a copy of a Sworn Certification of Residency,
with house location sketch, issued by the Office of
the Barangay Council of Barangay Bunawan Proper as
documentary exhibits. It is prayed that the same be
marked as Exhibits “A” to “A-1” as previously
marked to form an integral part hereof.
5. Q: Aside from that, what other requirements do
you have to prove your residency?
A: I also have here with me the Sworn Statement of
Counsel of Record.
6. Q: I am showing to you a copy of the Sworn
Statement of Counsel of Record. Is this the one you
were referring to?
A: Yes, Atty.
MANIFESTATION:
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Judicial Affidavit of RON GAWAT
Your honor, I respectfully present to the Honorable
Court a copy of a Sworn Statement of Counsel of
Record as documentary exhibit. It is prayed that the
same be marked as Exhibit “B” as previously marked
to form an integral part hereof.
7. Q: What other documents do you have to prove
your residency, if any?
A: I have here with me a photocopy of my UMID
identification card which shows my photograph and
address.
8. Q: I am showing to you a photocopy of a UMID
identification card which shows your photograph
and address and bears identification number
CRN-0001-12345678-0. Is this the one you were
referring to?
A: Yes, Atty.
MANIFESTATION:
Your honor, I respectfully present to the Honorable
Court a copy of a UMID identification card of RON
GAWAT, as documentary exhibit. It is prayed that the
same be marked as Exhibits “C” as previously marked
to form an integral part hereof. It is also prayed that
the following be sub-marked as follows:
RON GAWAT be sub-marked as Exhibit “C-1”;
Photograph of RON GAWAT which is found on the
right part of the identification card be sub-marked as
Exhibit “C-2”;
CRN-0001-12345678-0 which is found on top of the
photograph of RON GAWAT be sub-marked as Exhibit
“C-3”; and
Signature of RON GAWAT which is found beside the
photograph of RON GAWAT sub-marked as Exhibit
“C-4”;
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Judicial Affidavit of RON GAWAT
9. Q: How did you meet the Respondent?
A: I met HAZEL around April 2000 during our Mountain
Climb to Mt. Apo Summit, Davao Del Sur, Philippines. I
was attracted to her and I like it that we both have the
same hobby which is Mountaineering.
10. Q: What happened next after you met her, if
any?)
A: I started courting her through phone calls and
messages, and I would invite her to go on a climb.
Through mountaineering, we basically built a romantic
relationship.
11. Q: What happened next, if any?
A: Around June 2000, HAZEL accepted me to be her
boyfriend.
12. Q: What happened next when you are
already in a relationship, if any?
A: We were both enjoying our boyfriend/girlfriend
relationship. We would go on a trek from time to time
until I impregnated HAZEL around April 2002 when we
were on a trek to Mt. Talomo, Davao Del Sur,
Philippines.)
13. Q: How was your relationship before you impregnated
the Respondent?
A: Our relationship back then was harmonious. We get
along so well, I believe so.
14. Q: What happened after impregnating the
Respondent, if any?
A: I was compelled to marry HAZEL because she was
working in a Catholic School – Holy Cross of Davao
College – while, I was also studying there.
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Judicial Affidavit of RON GAWAT
For fear that she will be terminated by the school, and
that I will be expelled from the same school, I had no
choice but to marry HAZEL.
So, we got married on June 03, 2002 in Regional Trial
Court, Branch 13, Hall of Justice, Ecoland, Davao City,
Philippines.
15. Q: What proof can you show that you are indeed
married to HAZEL?
A: I have our Marriage Certificate to attest that I am
married to HAZEL.
16. Q: I am showing to you a copy of a Certificate of
Marriage with Registry No. 2002-1234, with date of
Marriage on June 03, 2002. Kindly confirm if this your
Marriage Contract with HAZEL?
A: Yes, Atty. That is our Marriage Contract.
MANIFESTATION:
Your honor, I respectfully present to the Honorable
Court a copy of a Certificate of Marriage with Registry
No. 2002-1234, with date of Marriage on June 03, 2002
as documentary exhibit. It is prayed that the same be
marked as Exhibit “D” as previously marked to form
an integral part hereof.
I respectfully move for the sub-marking of the names
and signatures of RON GAWAT and HAZEL ABINUMAN
respectively which can be found on the bottom part of
the MARRIAGE CERTIFICATE. It is prayed the same
be bracketed and marked as Exhibits “D-1 to D-2”,
respectively and to form an integral part hereof.
17. Q: After your marriage, where did you both stay?
A: We lived at Blk. 8, Lot 94, Belisario Village, Agdao,
Davao City. We were living together with my mother,
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Judicial Affidavit of RON GAWAT
my step-father, and my sibling. We were living in a
compound.
18. Q: How many children do you have since you have
mentioned that you have impregnated the Respondent
before you got married?
A: We have two (2) children – JUSTIN GAWAT and
SAMANTHA GAWAT. They were born on January 06,
2003, and October 19, 2004, respectively.)
19. Q: What proof can show that they are really your
children with the HAZEL?
A: Their respective birth certificates, Atty.
20. Q: I am showing to you these Certificates of Live Birth
with Registry Nos. 2003-1234 and 2004-1234, are
these what you were referring to?
A: Yes, Atty. Those are what I am referring to.
MANIFESTATION:
Your honor, I respectfully present to the Honorable
Court copies of Certificates of Live Birth with Registry
Nos. 2003-03060 and 2004-31332 as documentary
exhibit. It is prayed that the same be marked as
Exhibits “E” and “F”, respectivelu as previously
marked to form an integral part hereof.
Also, it is moved that the following inscriptions be sub-
marked as follows:
Registration No. 2003 – 1234 and
Registration No. 2004-1234 as Exhibits “E-1”
and “F-1”, respectively;
The inscriptions on Registration No. 2003 –
1234 which states the following information:
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Judicial Affidavit of RON GAWAT
Mother: HAZEL ABINUMAN and Father:
RON GAWAT as Exhibits “E-2” to “E-3”,
respectively; and
The inscriptions on Registration No. 2004-
1234 which states the following information:
Mother: HAZEL ABINUMAN and Father:
RON GAWAT as Exhibits “F-2” to “F-3”,
respectively; and
21. Q: How was your relationship with the Respondent
when you are officially married?
A: Around 2004, our conflict as a couple started
because of the third-party.
22. Q: Why is there third-party involved? Kindly tell
us what happened
A: I admit that I had engaged into an illicit affair. I
regret what I did. I made efforts to fix our relationship
but HAZEL has become distant, too jealous, and was
always doubtful.
We would quarrel every single day and when the
argument becomes too heated, a physical fight would
ensue.)
23. Q: Why do you quarrel all the time, Mr. Witness?
A: She always thinks I am meeting other girls. She
always repeats the mistake that I have committed. If I
go out, for instance, to drink with my friends she would
think that I am meeting another woman.
24. Q: What do you do whenever she starts doubting
you or accusing you, if any?
A:
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Judicial Affidavit of RON GAWAT
Of course, I would contradict her accusations. I do not
like the feeling of always getting accused of something
that I do no longer commit. That is why we are always
bickering.
25. Q: How would it come to a point wherein your
verbal altercations would elevate to a physical
fight?
A: It is because of my frustrations which resulted from
our heated arguments. I cannot handle my emotions
very well that I would unintentionally slap her to shut
her up. There was a time that I also punched her.
26. Q: What happened next, if any?
A: I was really guilty of what I did to her. That is when
I have decided to stay away from her. Thus, I left for
Manila and worked as a Merchandiser at Sandugo
Sandals Inc.
27. Q: When did you go to Manila, if you can still
remember?
A: Around 2004. I cannot remember what month and
day since it happened a long time ago.
28. Q: How long did you live together as a married
couple before the conflict in your relationship has
arisen until you have decided to go to Manila?
A: For more than two (2) years since we got married
on June 2002, and the conflict emerged around 2004. I
also left for Manila on the same year.
29. Q: How long did you work in Manila?
A: For about a year.
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Judicial Affidavit of RON GAWAT
30. Q: What happened after one (1) year, if any?
A: In midyear of 2005, I went back to Davao to
surprise my family. So, I decided to go home
discreetly. Also, because I have been hearing rumors
that HAZEL had been meeting some other guy. I
wanted to confirm whether the rumors were true or
not.
31. Q: Who is the other man, if you know?
A: I could no longer remember his name. What I know
is that it was her co-worker.
32. Q: What happened after you came back to Davao,
if any?
A: When I came home, HAZEL was not home yet. I
understand because her work usually ends at 5:00 PM.
So, I waited at home. However, it was already 9:00
PM but HAZEL is not yet home. That is when I felt so
restless.
33. Q: What did you do, if any?
A: I decided to wait for her in the street corner in
Tibungco area. There I saw her on a passenger seat
with some guy on a vehicle.
34. Q: What did you see at that instance, if any?
A: I saw that HAZEL kissed and hugged the driver of
the car. Of course, that is not a normal thing to do,
especially when you are already married.
35. Q: How did you react on that instance?
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Judicial Affidavit of RON GAWAT
A: Out of frustration, I outrageously smashed the
window of the car.
36. Q: What happened next, if any?
A: The car just drove off, and HAZEL did not get off of
the car. I had no choice but to go back home alone
burning with anger. During that time, HAZEL and the
kids were living with my mother-in-law in Tibungco.
37. Q: When you came home, what happened next, if any?
A: I just waited. At around 12:00 midnight, HAZEL
came home and I confronted her about it. Instead of
apologizing, she denied all of it. She just said that it
was not her who I saw in somebody else’s car in the
street corner in Tibungco area.
38. Q: How did you respond to her denial of the
incident?
A: I was really angry but I could not argue anymore
because I do not have any proof to prove my
allegations.
39. Q: Why have you not taken any proof to prove
your allegations?
A: I was not able to take a photo of what I saw
because first, it was really dark taking into account that
it was past 9:00 PM. Second, I was not able to take a
photo anymore because I was really burning with anger
at that time. The first thing that went to my mind was
to smash the window of that motor vehicle.
40. Q: What else happened during the confrontation with
the HAZEL?
A: A heated argument transpired to the point that I
almost want to kill HAZEL. For fear of committing
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Judicial Affidavit of RON GAWAT
something that I might just regret later on, I decided to
just leave our conjugal home. I went back to my mom.
41. Q: After leaving your conjugal home, what things did
you do to reconcile and mend things with HAZEL?
A: I did not do anything, Atty. I fell out of love of her
because of what I saw. What she did was absolutely
unforgiveable and really traumatic.
42. Q: What happened next, if any?
A: Sometime in 2006, HAZEL left for Dubai as an
Overseas Filipino Worker (OFW). Thus, we have
become more distant with each other.
Since then, we had never contacted each other except
on matters concerning our two (2) children.)
43. Q: Where were you at a time when HAZEL is in
Dubai?
A: I was left in Davao. I took care of the children from
time to time because I barely have money to financially
support them. Our children live with my in-laws.
Around 2013, I was also able to find a job in Abu Dhabi
as a Gym Instructor.
44. Q: Considering that you were working in Abu
Dhabi, and HAZEL is in Dubai, on what instances
have you two met, if any?
A: I no longer have the intention to meet with her
except if it concerns our children, Atty. We only met
sometime in 2016, because my written consent is
needed to bring the kids to Dubai for a vacation.
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Judicial Affidavit of RON GAWAT
I had also taken the kids for a leisure activity while
they were in Dubai. Thus, I would borrow them from
HAZEL during my day-offs every weekend and return
them thereafter.
There was never an instance that we go out as a whole
family. I go out with the kids separately, without HAZEL
and vice versa.
45. Q: What happened next, if any?
A: I learned in 2016, that some other man impregnated
her.
46. Q: How did you learn that HAZEL has a child with
another man?
A: In 2016, when I went to the Philippines for a
vacation, incidentally, HAZEL was also in the
Philippines. We met in SM Mall to borrow the children
from her. I noticed her unusual big tummy wherein it is
apparent that she is really pregnant.
47. Q: Aside from that, how were you able to say that
HAZEL was really pregnant?
A: I was able to confirm it from our children.
48. Q: What proof can you show to prove that HAZEL
indeed had a child with another man?
A: There is Birth Certificate of that child to attest what I
am stating, Atty.
49. Q: I am showing to you this Certificate of Live
Birth with Registry No. 2016-1234, is this the one
you were referring to?
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Judicial Affidavit of RON GAWAT
A: Yes, Attorney. It is really impossible to affiliate that
child with me because I had no sexual intercourse with
the HAZEL since year 2006.
MANIFESTATION:
Your honor, I respectfully present to the Honorable
Court a copy of Certificate of Live Birth with Registry
No. 2016-1234, wherein the Father’s details is left
blank, as documentary exhibit. It is prayed that the
same be marked as Exhibit “G” as previously marked
to form an integral part hereof.
Also, it is prayed that the following inscriptions be sub-
marked as follows:
Registry No. 2016-1234 as Exhibit “G-1”;
Name in Print: HAZEL ABINUMAN, under
Certification of Informant and Relationship to
the Child: mother, under Certification of
Informant as “Exhibits G-3 to G-4”,
respectively to form an integral part hereof.
50. Q: What significant event happened next, if any?
A: I met a clinical psychologist – Dr. JAS MIRANO (DR.
MIRANO for brevity). I requested for a Psychological
Report to be used in this instant Petition for the
declaration of the nullity of my marriage with HAZEL. I
believe that she is psychologically incapacitated to fulfill
the essential marital obligations in our marriage.
51.Q: What was the result of the Psychological
Report that you asked from DR. MIRANO?
A: It shows that HAZEL and I are both psychologically
incapacitated to perform our respective marital
obligations with each other. It shows that I possess a
Narcissistic Personality Disorder, while HAZEL possesses
a Borderline Personality Disorder.
52.Q: I am showing to you a copy of a Psychological
Report with. Kindly review this document and
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Judicial Affidavit of RON GAWAT
confirm if this is the Psychological Report you
requested from Dr. MIRANO.
A: Yes, this is the Psychological Report that I requested
from her, Atty.
MANIFESTATION:
Your honor, I respectfully present to the Honorable
Court a copy of the Psychological Report of Dr.
Mirano as documentary exhibit. It is prayed that the
same be marked as Exhibit “H” to “H-15” as
previously marked to form an integral part hereof. I
further move for the sub-marking of the signature of
Dr. Mirano which can be found in the last page of the
Psychiatric Report as Exhibit “H-16” and the date of
the Psychiatric Report as Exhibit “H-17.”
53. Q: What is the possibility that you two will
reconcile?
A: Absolutely no possibility, Attorney. Nobody wants to
be with someone who has already replaced you with
somebody else. Worse, they already have a child with
someone else during the subsistence of your marriage.
We do not have a communication since year 2006. We
have only lived as husband and wife for more than two
(2) years only since we got married. We do not see
each other as husband and wife anymore. We literally
do not care for each other. For fifteen (15) years we
were not able to resolve our problems. I cannot foresee
any reconciliation. I wanted to start anew with my life.
Closing Statement: That would be all, Mr. Witness.
Thank you.
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Judicial Affidavit of RON GAWAT
I am executing this affidavit to attest to the truth of the
facts aforecited and for whatever legal purpose this may
serve.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this August 1, 2022 in Davao City, Philippines.
RON GAWAT
Affiant
UMID ID NO. -0001-12345678-0
SUBSCRIBED AND SWORN to before me this August
1, 2022 in Davao City, Philippines, the affiant exhibited to
me his identification card indicated above.
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Judicial Affidavit of RON GAWAT
ATTESTATION
I, ATTY. JENNICA GYRL G. DELFIN of DJA LAW and
ASSOCIATES with office address at 3F Davao TBT Bldg.,
Iñigo St. cor. Porras St., Bo. Obrero, Davao City, Philippines,
hereby attest that I personally conducted or supervised the
examination of RON GAWAT on July 10, 2022 at my office,
and I further attest that I have faithfully recorded or caused
the recording of the questions asked and the corresponding
answers that the witness gave and neither I nor any other
person then present or assisting coached the witness
regarding the latter’s answers.
Attested to this July 10, 2022 in Davao City, Philippines.
Signature of Attestator: ______________________
Address of Attestator DJA LAW and ASSOCIATES
for Service: 3F Davao TBT Building
Iñigo St. cor. Porras St.
Bo. Obrero, 8000 Davao City
Philippines
Email:
[email protected] Mobile No. :
0915-343-1223
SUBSCRIBED AND SWORN to before me this August
1, 2022 in the City of Davao, Philippines, Affiant personally
appeared and/or exhibited to me her competent evidence of
identity.
Doc. No. : ______;
Page No. : ______;
Book No. : ______;
Series of 2022.
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Judicial Affidavit of RON GAWAT
