Petitioner JA Lea Salongav2

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ____, LAS PIÑAS CITY

MARIA LEA SALONGA,

Petitioner,
-vs-
CIVIL CASE NO.: ________
FOR: DECLARATION OF
NULLITY UNDER
ARTICLE 35 OF THE
FAMILY CODE
(Bigamous Marriage)

AGATON MULACH,

Respondent,
x-----------------------------------------------x

JUDICIAL AFFIDAVIT OF
PETITIONER

I, MARIA LEA SALONGA is a Filipino, of legal age, married and a


resident of No. 467 Rose Street, Moonwalk Village, Las Piñas City,
petitioner in this case, after having been duly sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. Gianina S, Legaspi with office address at


Legaspi & Lee Law Office, Torre Magnifica, Almanza Uno, Las Piñas 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 petitioner MARIA LEA


SALONGA is being offered to prove that the respondent AGATON
MULACH contracted marriage twice, the first on June 20, 1976, and the
second one on August 8, 1988 with petitioner, while the respondent’s
previous marriage with was still valid and has not yet legally dissolved. The
petitioner’s testimony is also offered to prove the legal basis for the
declaration of nullity of the petitioner’s marriage with the respondent, the
same being bigamous and therefore VOID.

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1. Q. Please state your name and other personal circumstances for the
record.
A. MARIA LEA SALONGA, a Filipino, of legal age, married
and a resident of No. 467 Rose Street, Moonwalk Village, Las
Piñas City

2. Q. Can you tell us how you are related with MARIA LEA
SALONGA, who is the petitioner in this case?
A. I am the same person, ma’am.

3. Q. Why are you here in this court today?


A. I am here to testify on my petition for the declaration of my
marriage with AGATON MULACH.

4. Q. How did you meet respondent AGATON MULACH?


A. I met respondent Aga in Quirino Hospital in Project 4, Quezon
City, were both medical interns at that time.

5. Q. When did you get married with AGA?


A. We got married in civil rites on August 8, 1988 in Manila. Then
the church wedding was set for September 10, 1988 in Manila
Cathedral.

6. Q. How old were you when you met each other?


A. I was twenty-eight (28) years old, while Aga was thirty (30)
years old.

7. Q, How do you describe your life as couple with AGATON


MULACH?
A. The first few years were somewhat bearable. However,
unresolved conflicts continued to crop up so we have already
been living separately since December 2016.

8. Q. Do you have proof your marriage with AGATON


MULACH?
A. Yes ma’am, I have a copy of the PSA Certified marriage
contract.

9. Q. I will show you a document. Can you identify this document in


relation to your marriage contract?
A. (Witness is shown a document.) That is my marriage contract,
ma’am.

Manifestation: Your Honor, witness referred to a Marriage Certificate


dated August 8, 1988. May we request that this be marked as Exhibit
“A”.

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10. Q. Did you have children with AGATON MULACH?
A. Yes, we have three sons thereafter, Alexander Mulach,
Alejandro Mulach, and Alessandro Mulach.

11. Q. What is the reason for your separation?


A. Throughout the “marriage”, Aga was verbally and physically
abusive towards me and our children. In 1995, finally, I decided
to be separated from Aga after discovering a picture of another
woman which he kept in his suitcase whom I suspected to be
his
paramour. He could not give a convincing explanation why he
had to keep a picture of a woman in his suitcase.

12. Q. Would there be other reasons aside from that?


A. Yes, ma’am. I actually discovered that Aga was also married to
a woman named ELEANOR DOMINGO. He was married to
him on June 20, 1976, years before we got married.

13. Q. How did you know that AGATON MULACH was previously
married to ELEANOR DOMINGO?
A. I sought the assistance of counsel and tracked down the
marriage records of Aga.

14. Q. Would you know the status of the marriage between AGA and
ELEONOR when AGA contracted his second marriage with
you?
A. Yes, attorney. AGATON’s first marriage with ELEONOR
DOMINGO was still valid when he married me on August 8,
1988.

15. Q: Would you know the status of the marriage between AGA and
ELEONOR DOMINGO now?
A: Yes attorney. Their marriage is still existing.

16. Q: What proof do you have which will show that the marriage
between AGATON MULACH and ELEANOR DOMINGO
that
is still subsisting?
A. I was also able to get a copy of their Marriage Contract from
PSA.

17. Q: I will show you a document. Can you tell me how this
document is related to the Marriage Contract you are talking
about?
A: (Witness is shown a document.) That is the Marriage Contract
between AGATON MULACH and ELEANOR DOMINGO
that I am talking about.
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Manifestation: Your Honor, witness referred to a Marriage Certificate
dated June 20, 1976 between Agaton Mulach and Eleanor
Domingo. May we request that this be marked as Exhibit
“B”.
18. Q: What have you acquired as common properties with the
respondent during your marriage?
A: None, ma’am. We could not have acquired any property
together,
because in fact, he never supported our family financially.

19. Q: What marriage settlement did you have as regards your


properties before your marriage, if any?
A: None ma’am.

20. Q: What are you asking this court with respect to this case?
A: I am praying that the Honorable Court would grant my petition
for Declaration of Nullity of my marriage with AGATON
MULACH on the grounds that our marriage is void ab initio
for being BIGAMOUS.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th day


of December 2019 in Las Pinas City.

MARIA LEA SALONGA


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in


and for the city of Las Pinas, this 7th day of December, 2019. Affiant
personally came and presented to me her Tax Identification Card issued by
the BIR-Las Pinas, on April 20, 1988 at , as valid and competent proof of
her identity, known to me as the same person who personally signed the
foregoing judicial affidavit before me and avowed under penalty of law to
the veracity of the contents of said instrument.

ATTY. JAMES REID


Notary Public
Commission Serial No. 143
Notary Public for Las Pinas City.
Until December 31, 2019
Office: Rm. 10, Royal King Bldg.
Marcos Alvarez St. , Las Pinas City
Roll No. 246810
IBP Lifetime Roll No. 98765; 8/2/90 Las Pinas City
PTR No. 35838; 12/4/96 ; Las Pinas City
MCLE Compliance Cert. No. 97531; 5/4/19

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Doc. No. 88
Page No. 99
Book No. 5
Series of 2019.

SWORN ATTESTATION

I, ATTY. GIANINA S. LEGASPI, of legal age, Filipino, with office


address at Legaspi & Lee Law Office, Torre Magnifica, Almanza Uno,
Las Piñas City after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Maria


Lea Salonga at my afore-stated office.

2. I have faithfully recorded or caused to be recorded the questions I


asked and the corresponding answer that the witness gave;

3. Neither 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 7th day


of December 2019 at Las Pinas City.

ATTY. GIANINA S. LEGASPI


Affiant
Commission No. is 96
until December 31, 2022
Legaspi & Lee Law Office, Torre Magnifica,
Almanza Uno, Las Piñas City
Roll of Attorneys No. 54851
PTR NO. 654321, 01/06/149 Las Piñas City
IBP NO. 123456, 01/04/19, Las Piñas City
MCLE Comp. No. IV-0089876, 01/02/19

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