Judicial Affidavit Katakabe

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The petitioner is asking the court to recognize a foreign decree of divorce obtained by her former Japanese husband in Japan. She provides documentation like marriage certificates, divorce certificates, and copies of relevant Japanese law to prove her divorce.

The petitioner is asking the court to recognize a foreign decree of divorce obtained by her former Japanese husband, Mr. Akito Katakabe of Japan, in 2012.

The petitioner does not know why her husband divorced her but speculates it was because he wanted to remarry since they have not communicated since the divorce in 2012.

Republic of the Philippines

REGIONAL TRIAL COURT


Third Judicial Region
Malolos City, Bulacan
Branch 85

IN RE: JUDICIAL RECOGNITION OF


FOREIGN DECREE OF DIVORCE,

CIVIL CASE NO. 260-M-


2013

NERISSA DULLANO-KATAKABE,
Petitioner.
x------------------------------x

JUDICIAL AFFIDAVIT

I, NERISSA DULLANO-KATAKABE, of legal age,


Filipino, and a resident of Mojon, City of Malolos, Bulacan,
under oath, depose and state that:

Petitioner’s counsel, Atty. GLICERIO A. SAMPANA, with


office address at Room 7, Ground Floor, Hiyas Convention
Center Annex Building, Provincial Capitol Compound, City of
Malolos, Bulacan, conducted and supervised my direct
examination at her office;

I am answering the questions asked of me, fully


conscious that I am doing this under oath and that I may
face criminal liability for false testimony and perjury;

The following are the questions asked of me by Atty.


Glicerio A. Sampana and the answers I gave him
consecutively numbered, to wit:

1.
Q: Madam Witness, are you the same NERISSA DULLANO-
KATAKABE who is the petitioner in this case?
A: Yes, Sir.
2.
Q: In your petition, you have asked the Honorable Court
for the recognition of your foreign decree of divorce, who
obtained the subject decree of divorce?
A: My former Japanese husband, Mr. Akito Katakabe of Oita
City, Oita Prefecture, Japan.

3.
Q: When did Mr. Katakabe divorce you?
A: Sometime in the year 2012 and 4 June 2012, the decree
of divorce was issued in accordance with the Japanese laws
and regulation.

4.
Q: What is your proof that a foreign decree of divorce was
granted to Mr. Katakabe?
A: I have the certified copies of the DFA Authentication
Certificate (Exhibit “B”) Certification dated 17 January 2013
(Exhibit “C”) and Divorce Certificate dated 15 October 2012
(Exhibit “D”).

5.
Q: And if copies will be shown to you, will you be able to
recognize the same?
A: Yes, sir.

6.
Q: Madam Witness, I am showing you a DFA Authentication
Certificate, Certification and Divorce Certificate, are you
referring to these documents?
A: Yes.

7.
Q: By the way, when and where did you marry Mr. Akito
Katakabe, madam witness?
A: On 14 August 2006 at Cebu City.

8.
Q: I am showing you a Certificate of Marriage dated 14
August 2006, are you referring to this, madam witness?
A: Yes.
9.
Q: Did you have children with your Japanese husband?
A: Yes. We had one child in the name of Yuta Katakabe
who was born on 1 December 2007.

10.
Q: Why did your Japanese husband divorce you, madam
witness?
A: I do not know, but I can only surmise that he wanted to
marry another since we have not been in communication
with each other since our divorce in 2012.

11.
Q: Do you know if the Japanese Divorce law allows
Japanese huband to remarry once he is lawfully divorced?
A: I believe so as it is provided for in the Civil Code of
Japan.

12.
Q: Do you have a copy of the said Civil Code of Japan,
madam witness?
A: Yes.
Witness producing a copy of the Civil Code of Japan
marked as Exhibits “E” and its sub-markings.

IN WITNESS WHEREOF, I have affixed my signature on


this ___ day of October, 2013 at the City of Malolos, Bulacan.

NERISSA DULLANO-KATAKABE
Affiant

SUBSCRIBED ABD SWORN TO before me, this ____ day


of October, 2013 at Malolos City, Bulacan. Affiant exhibited
to me her Passport Id No. EB3379696 issued in Philippine
Embassy of Tokyo, Japan.

Doc. No. ______;


Page No. _______; Notary Public
Book No. _______;
Series of 2013.
ATTESTATION

I, ATTY. GLICERIO A. SAMPANA, a private practitioner, do


hereby state that I personally conducted and supervised the
direct examination of the above-named witness, that I
faithfully recorded or cause to be recorded the questions I
asked and the corresponding answers that the aforesaid
witness gave, that I or any other person present, did not
coach the aforesaid witness regarding her answers, that I am
aware that should this attestation proved to be false, I may
be subjected to disciplinary action or disbarment.

City of Malolos, Bulacan., October ____, 2013.

ATTY. GLICERIO A.
SAMPANA
Affiant

SUBSCRIBED AND SWORNT TO before me, this ___ day


of October, 2013 at the City of Malolos, Bulacan. Affiant
exhibited to me his OSCA ID No. 17607issued at Malolos,
Bulacan.

Doc. No. ______;


Page No. ______;
Book No. _____;
Series of 2013.

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