Ja Annulment

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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 30
SAN FERNANDO CITY, LA UNION

CHORVA CHENES,
PETITIONER,

-versus-
DECLARATION OF NULLITY OF
MARRIAGE UNDER ART. 36 OF THE
FAMILY CODE
RYAN KINEMERUT,
RESPONDENT
x---------------------------------x

JUDICIAL AFFIDAVIT OF
CHORVA CHENES

The following is the direct examination of Chorva Chenes, the


petitioner in the above-captioned case. The examination is conducted under
the supervision of Atty. Pinky Swear in her office at 123 ABC bldg., Baguio
City, Philippines. The judicial affidavit is prepared in English, a dialect known
to the witness who answers the questions asked, fully aware that she does
so under oath and under pain of perjury or criminal liability for fake
testimony.

STATEMENT PROPER

The testimony of the witness is being offered to prove that:

1) She is the petitioner in the above-entitled case.


2) She is married to respondent Ryan Kinemerut on April 1, 1993, before
the Municipal mayor of Mankayan, Benguet.
3) She and respondent have one child who was born on December 28,
1993.

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4) She will testify as to how she and respondent met and became
sweethearts.
5) She will also testify on the circumstances leafing to her marriage with
respondent.
6) She and respondent have separated since the year 2000.
7) The fact that she and respondent never acquired property during the
existence of their marriage.
8) She will identify documents in relation to this case.
9) She will testify as to other matters relevant to this case.

DIRECT EXAMINATION OF CHORVA CHENES

1. QUESTION: Kindly state your name, address and other personal


circumstances.
ANSWER: I am Chorva Chenes, 43 years old, married, Filipino, and a
resident of Brgy. Kungsanmannaroon, San Fernando City, La Union.
2. Q: Do you know Ryan Kinemerut, the respondent in this case?
A: Yes, ma’am. He is my husband.
3. Q: When did you and respondent got married?
A: On April 1, 1993, ma’am.
4. Q: What prove can you show that you and respondent got married on
the said date?
A: our marriage certificate, ma’am.
5. Q: Madam witness, I have here a certificate of marriage of Mr. Ryan
Kinemerut and Ms. Chorva Chenes. Is this the one you are talking
about?
A: Yes, ma’am.
Counsel: May we pray your honor that this certificate of marriage be marked
as our Exhibit “E”.
6. Q: Madam witness, can you tell us how you and respondent met?
A: we were schoolmates at Baguio City National High School, Baguio
City, Benguet, Philippines, during our secondary years, ma’am.
7. Q: What happened after that?
A: He courted me, ma’am and we became sweethearts when I was
already a graduating high school student and he was already in
college.
8. Q: What happened to your relationship then?

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A: It continued until we both attended college at University of Baguio,
ma’am.
9. Q: What was your course?
A: Bachelor of Science in Biology, ma’am.
10. Q: How about the respondent?
A: He took up several courses, ma’am.
11. Q: Do you know the reason why respondent took several courses?
A: At that time, ma’am, his focus was not in his studies but was in his
singing career.
12. Q: What did you do when he quit school and focus on his singing
career?
A: Every night, ma’am, I would go to the bar where he was having a
gig waiting for him until his last set.
13: Q: What happened after that?
A: Upon respondent’s insistence, we started living together, ma’am.
14. Q: What were you doing at the time you started living together?
A: I was still studying while respondent as busy either his career.
15. Q: What happened after that?
A: In less than a month that we were living together, I found out that
he was having an affair with different women.
16. Q: What was your reaction when you came to know about it?
A: I was then proud ma’am because he chose me and I thought it was
normal because he was famous back then.
17. Q: How old were you then?
A: I was 19, ma’am.
18. Q: What happened then?
A: I got pregnant, ma’am.
19. Q: When was this?
A: In the year 1993, ma’am.
20. Q: What happened when you got pregnant?
A: Our parents decided our fate, ma’am. They told us to get married.
21. Q: What was your reaction to this marriage?
A: At first, I just agreed with the decision of my parents, ma’am.
22. Q: What about respondent?
A: Both of us agreed so we got married at Mankayan, Benguet,
Philippines on April 1, 1993.
23. Q: Where did you and respondent live after your marriage?
A: At Magsaysay, Baguio City, ma’am.

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24. Q: How was your life being married with the respondent?
A: It was so hard and different, ma’am. It was as if I married a
complete stranger.
25. Q: What do you mean by that?
A: The respondent that I loved prior to our marriage changed
overnight. He started parading his mistresses at public. He seldom comes
home. I would always cry myself to sleep, ma’am.
26. Q: What else happened, if any?
A: There was also a time he went home with an expensive guitar. He
said his German friend gave it to him as a remembrance but few weeks
later, I found out that the German friend was actually his lover.
27. Q: What did you do about it?
A: I never confronted him because I was hoping he would change.
28. Q: What happened next?
A: on the month of my delivery, we moved to my parents’ house just
near our place.
29. Q: Why did you move to your parents’ house?
A: so that my mother can take care of me and the baby.
30. Q: When did you give birth?
A: On December 28, q993, ma’am.
31. Q: Do you have any proof to this?
A: my daughter’s Certificate of Live Birth, ma’am.
32. Q: I have here with me a copy of a Certificate of Live Birth of Camille
Anna Kinemerut, is this the one you are talking about?
A: yes, ma’am.
Counsel: may we pray your Honor that this Certificate of Live Birth be
marked as our “Exhibit F”.
33. Q: What happened at the time you gave birth?
A: My mother was at the province that time. I was already on labor
and I was forced to go to Baguio General Hospital alone because respondent
does not want to come with me because he was about to attend a gig that
night. I had no choice but to go to hospital alone. I did not say. When I was
already discharged, respondent fetched me and my baby and brought us
home to Magsaysay. I thought we would finally change but I was wrong.
34. Q: Why did you say that you were wrong?
A: because even when we already have a daughter, he still continued
with his affair with different women. He would always come home drunk the
next morning. That became his daily routine.

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35. Q: Who was taking care of the baby?
A: it was me and my mother.
36. Q: Who was supporting your child?
A: It was also my mother, ma’am. That was the time I decided to
bring my daughter to Mankayan because I can no longer take respondent’s
actions. That was also the time I decided to continue with my studies.
37. Q: When did you go back to school?
A: When our daughter was three months old, ma’am. That was the
time he was already in Mankayan.
38. Q: How was respondent back then?
A: he got even worse, ma’am.
39: Q: Why did you say that he got even worse?
A: There were times that he would not come home, there was a time
he told me his band has a gig in Sagada for 3weeks but he came home
earlier than expected. I asked him why and he told me he just missed me. I
was stupid to believe him until few days later, I found out the real reason
why. He just had himself checked if he was infected with sexually
transmitted disease.
40. Q: What happened next, if any?
A: It came to a point when I lost control of myself. I confronted him
but he would always deny it. That led us to constant fights. We would always
fight, physically even. I decided to leave him but our parents told us to start
anew and just forgive each other. He heeded their advice but after barely a
week, we were back to fighting again.
41. Q: What did you do after, if any?
A: Finally, despite our parents’ protests, I drove respondent out of the
house for good. That was in the year 2000.
42. Q: What was the reaction of Respondent?
A: Nothing, ma’am. He just willingly left. From then on, he never
bothered to visit our daughter, he never gave support, financial or
otherwise.
43. Q: Where is respondent now?
A: Last I heard, he is now living with another woman.
44. Q: Did you acquire any property during the existence of you marriage
with respondent?
A: No, ma’am.
61. Q: What do you ask from the honorable court now, madam witness?

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A: for my marriage with respondent to be declared null and void,
ma’am.

NO MORE QUESTIONS FOR THE PETITIONER.


25 OCTOBER 2020.

CHORVA CHENES
Affiant

SUBSCRIBED AND SWORN to before me this 25th day of October, 202 at


Baguio City, Philippines.

Doc. No. 2; GONG CHA


Page No. 4; Public Prosecutor
Book No. III;
Series of 2020

SWORN ATTESTATION OF THE COUNSEL


I, ATTY. PINKY SWEAR, of legal age, single, Filipino and with a postal
address at 12345 Zone ZXCV, Baguio City, Philippines, under oath, depose
say that;

1) I was the one who conducted the examination of Chorva Chenes at


my aforementioned office.
2) I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding questions that the witness gave.
3) Neither I nor any person then present or assisting her coached the
witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 24th
day of March, 2017 at Baguio City, Philippines.

PTR NO. 323333


IBP NO. 373737
BAGUIO CITY CHAPTER
ROLL NO. 44444
MCLE NO. 68680

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