REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

6TH JUDICIAL REGION
BRANCH 32
ILOILO CITY

JOHN JOEL FUENTES,

Petitioner,
CIVIL CASE NO. 88-10228

- versus - For: Declaration of Absolute

Nullity of a Void Ab Initio
Marriage under Art. 36 of
the Family Code of the
Philippines

GELINE SAMILLANO-FUENTES,
Respondent.
X----------------------------------------------X

PURPOSE OF THE TESTIMONY

Witness: DR. JUSTICIA BARRIOS

1. The witness is presented an expert witness in the field of

Psychiatry to prove that she is the Psychiatrist who conducted the
Psychiatric, Mental Status and Neurological Evaluations regarding
the persons of JOHN JOEL FUENTES AND GELINE
SAMILLANO-FUENTES and other informants relative to Civil
Case No. 14-32500, entitled John Joel Fuentes, petitioner versus
Geline Samillano-Fuentes, respondent for DECLARATION OF
NULLITY OF A VOID AB INITIO MARRIAGE UNDER ARTICLE
36 OF THE FAMILY CODE OF THE PHILIPPINES MARRIAGE
now pending before the Branch 32, Regional Trial Court of Iloilo
City;

2. To present to the Honorable Court the Psychiatric

Report she prepared containing the result of the said Evaluations,
to identify the same and to testify as to the contents thereon;

3. To explain the procedure undertaken by her in the said

evaluation, her evaluation, Analysis, Result and Recommendation;

4. To testify on all matters regarding the psychiatric

evaluation that she conducted on the persons of the parties in
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abovesaid case and other relevant matter regarding her psychiatric
report;

5. To identify the Psychological Evalution Report as well as

the Curriculum Vitae prepared by her, which were also attached as
part of the exhibits for the petitioner;

5. That this Judicial Affidavit shall serve as her direct

testimony;

REPUBLIC OF THE PHILIPPINES )

CITY OF ILOILO ) S.C.
X-----------------------x
                     
JUDICIAL AFFIDAVIT

I, DR. JUSTICIA BARRIOS, of legal age, Filipino, married,

and with principal business address at Room M-12, Mezzanine
Floor, J&B Medical and Dental Clinics, J&B Building, Quezon
Street, Iloilo City, Philippines after having been propounded
questions by Atty. Gian C. Bermudo in English and in Ilonggo
the dialects or languages known to me at my said clinic and
has answered all the said questions propounded fully
conscious that I am under oath and having been made to
understand that I may face criminal liability for false testimony
or perjury for any false statement, hereby states:

Q.1: Do you know of a certain John Joel Fuentes (John, hereafter),

petitioner in Civil Case No. 14-32500 entitled Civil Case No. 14-
32500, entitled John Joel Fuentes, petitioner versus Geline
Samillano-Fuentes, respondent for DECLARATION OF NULLITY
OF A VOID AB INITIO MARRIAGE UNDER ARTICLE 36 OF THE
FAMILY CODE OF THE PHILIPPINES MARRIAGE now pending
before the Branch 32, Regional Trial Court of Iloilo City?

A.1: Yes. I know him personally.

Q.2: How did you know him?

A.2: I personally know him because I was the one who conducted
the psychiatric, Mental Status and Neurological evaluations
regarding his person and that of his wife last October 22, 2015.

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Q.3: Do you know the person of Geline Samillano- Fuentes
(Geline, hereafter), the respondent in said case?

A.3: Yes, she is the spouse of the petitioner in this case. I

personally know her because I was the one who conducted the
psychiatric, Mental Status and Neurological evaluations regarding
her person last October 22, 2015.

Q.4: How were you able to communicate with Geline for the
conduct of the said examination?

A.4: She went to my office together with her husband to undergo

marriage counseling and the subsequent psychiatric evaluation.

Q.5: You stated in your Curriculum Vitae, Madam Witness, you are
by profession a Medical Doctor, specializing in the field of
Psychiatry, how long have you been specializing in the field of
psychiatry?

A.5: Since 1992.

Q.6: As a psychiatrist, Madam Witness, can you tell us your

educational background and trainings?

A.6: After I passed the licensure examination as a physician, I

trained for 4 years in the field of psychiatry. Then, I passed the
diplomate board examination and became a diplomate. I also
became a fellow in psychiatry. I also became a licensed clinical
psychologist last August 2005.

Q.7: Have you remembered having furnished the petitioner in the

said case of your Resume/Curriculum Vitae in connection with
your education and training, work experiences, professional and
civic affiliations?

A.7: Yes Ma’am.

Q.8: I am showing to you a resume/ curriculum vitae attached to

the Petition dated OCTOBER 2, 2016 marked as EXHIBIT “E” of
a certain Dr. Justicia Barrios, with principal clinic/office address at
Room M-12, Mezzanine Floor, J&B Medical and Dental Clinics,
Quezon Street, Iloilo City consisting of nine (9) pages, what is the
relation of this resume to the resume/curriculum vitae you
furnished petitioner?

A.8: That is the same curriculum vitae/resume that I furnished him.

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Q.9: Madam witness do you affirm the markings I have made on
your curriculum vitae/resume as EHIBIT “E”?

A.9: Yes, I confirm the markings made before me.

Q.10: On the 9th page of this Exhibit “E” there appears to be a

signature above the typewritten name, Justicia L. Barrios, M.D.,
F.P.P.A. can you please identify whose signature is this?
A.10: That is my signature.
Q.11: Do you affirm and confirm the markings just made on your
signature as EXHIBIT “E-1”?
A.11: Yes, I confirm.
Q.12: In this Resume/CV Madam Witness, you have here the
Education and Training which states, and this representation
reads: that you are a fellow of the Philippine Psychiatric
Association, 1998; Diplomate of the Philippine Board of Psychiatry,
1996; Residency Training in Psychiatry, National Center for Mental
Health, Metro Manila, 1988-1992; Post-graduate Internship,
Veterans Memorial Medical Center, 1986-1987; Doctor of
Medicine, West Visayas State University, College of Medicine,
1982-1986; BS in Biological Sciences, University of the Philippines
in the Visayas, 1978-82 . Aside from all these education and
trainings contained in your resume, are there other education and
training you have underwent aside from all that I have mentioned.

A.12: I also trained in Good Clinical Practice to become an

accredited clinical trialist in clinical studies, researches and trials. I
underwent training for the conduct of different assessment scales
for schizophrenia and mood disorder. I also trained in ECT or
electroconvulsive therapy and WHO mental health intervention for
disasters. I also became a licenses clinical psychologist last
August 2005.

Q.13: Have you published any book or journal or any documentary

researches, and the like, in the field of psychiatry?

A.13: Yes, I did a research in Deinstitutionalization of Mentally Ill

patients, presented in the ASEAN Convention and a paper on
Mental Institutions In Iloilo, presented in the Philippine Psychiatric
Association Annual Convention. I also presented in the ASEAN
round table discussion in Singapore regarding the study on
Experiences on the Use of Paliperidone in Schizophrenia.

Q.14: In your work experience, have you already appeared as

witness before the Court on cases specifically on drug addiction
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defense cases and annulment and or declaration of nullity of
marriage cases?

A.14: Yes Ma’am.

Q.15: Can you still recall how many times, more or less, that you
appeared in these cases, particularly in annulment cases?

A.15: More than 60 appearances, Ma’am.

Q.16: And in what capacity did you appear?

A.16: I appeared in the said cases in my capacity as an expert

witness in psychiatry.

Q.17: Have you prepared any psychiatric report(s) for court

processes?

A.17: Yes, I have prepared reports.

Q.18: Can you recall how many psychiatric reports have you
prepared in so far as those cases you have appeared to?

A.18: More than one hundred reports.

Q.20: And these psychiatric reports that you prepared were in

relation to the cases you have testified to?

A.20: Yes, they are.

Q.21: You just mentioned that you prepared psychiatric reports, as

part of your work experience, were you called in open court to
give expert opinion and on cases for nullity of marriage?

A.21: Yes, I testified as an expert witness in cases for nullity of

marriage.

Q.22: How many times were you able to give your expert opinion
in these cases?

A.22: More than sixty times.

Q.23: How many of such expert opinion have been adopted by

the court before which you gave such opinion?

A.23: I was informed of the outcome of some cases but mostly, I

had no knowledge of the decision of the court.
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Q.24: Were you also called in court to give expert opinion in the
following cases: mental illness, drug dependence, capacity to
make a will, mental retardation, rape, nullity of marriage, and the
like?

A.24: Yes Ma’am.

Q.25: Aside from these, do you also work or are connected with
any University or College of Medicine as Instructor or Professor?

A.25: Yes Ma’am.

Q.26: In what particular field are you teaching in such University

and College?

A.26: I am a professorial lecturer in psychiatry, Ma’am.

Q.27: In what school/university are you giving lectures?

A.27: West Visayas State University College of Medicine, Central
Philippine University College of Medicine, and Iloilo Doctors
College of Medicine.
Q.28: Madam Witness, in relation to your profession as a
psychiatrist, do you remember having prepared a PSYCHIATRIC
REPORT of John Joel Fuentes and Geline Samillano-Fuentes?

A.28: Yes, I remember.

Q.29: I am showing to you a psychiatric report dated June 23,

2016 consisting of nine (9) pages marked as EXHIBIT “D”, what
is the relation of this Psychiatric Report to the one that you said
you prepared regarding the said persons that I have just
mentioned?

A.29: That is the same Psychiatric Report that I prepared.

Q.30: And on the last (ninth) page of this psychiatric report, there
is a signature above the typewritten name JUSTICIA L.
BARRIOS, M.D., Attending Psychiatrist, please identify whose
signature is this?

A.30: That is my signature.

Q31: Do you affirm and confirm the content of your Judicial

Affidavit and the same shall be made an integral part of your
Judicial Affidavit?
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A.31: Yes ma’am. I affirm and confirm both actions.

Q.32: During the conduct of the psychiatric evaluation are you

already aware that the same shall be used for the filing of the
petition for Nullity of Marriage?

A.32: No, I am not aware. The couple went to see me for marriage
counseling and although there were very strained relations, at that
time there was still no concrete plans for the filing of the petition
you mentioned.

Q.33: Aside from the psychiatric evaluation that you conducted is a

psychological report necessary in cases like declaration of nullity
of marriage?

A.33: It depends. Sometimes, I consider it necessary. Other times,

I do not need it for the evaluation.

Q.34: In this particular case, why is there no attached

psychological report in the psychiatric evaluation?

A.34: Psychological testing is upon the discretion of the examiner

when there is a need to confirm the findings from the data
gathered. In most cases, there is no need to confirm if the
informants give accurate and detailed information. In this case, I
have enough data to assess and diagnose the petitioner and the
respondent.

Q.35: So it is possible that you can issue a psychiatric evaluation

report without a need of a psychological report?

A.35: Yes, Ma’am.

Q.36: In the absence of a psychological evaluation, does it affect

the accuracy of the psychiatric evaluation and the report itself?

A.36: It depends because if it is not necessary, it will not affect the

accuracy of the report.
Q.37: Madam Witness, are you the same Dr. Justicia L. Barrios,
who personally conducted the psychiatric evaluation on the
persons of John Joel Fuentes and Geline Samillano-Fuentes?

A.37: Yes ma’am.

Q.38: How about the interview, examination and evaluation on the

said person?

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A.38: I did everything personally.

Q.40: Were the persons that you mentioned in this Psychiatric

Report appeared before you personally?

A.40: Yes.

Q.41: How many times did you conduct the interview on the
persons of John and Geline?

A.41: John and Geline appeared before me six times together for
their counseling. John appeared before me thrice alone and Geline
also appeared before me three times without the presence of
John.

Q42: How do you conduct this Psychiatric Evaluation?

A.42: The evaluation is done for a minimum of three to four

sessions at one to two hours each for the petitioner and the
respondent. Other persons will be utilized as informants. The data
gathered are then collated, analyzed and reduced into a
psychiatric report, reflecting the history, childhood and personality
development up to adolescent and adulthood, and the series of
Mental Status Examinations taken.

Q.43: Usually what is the standard number of interviews,

examinations or evaluations that are needed to come up with a
psychiatric evaluation report?

A.43: Three interviews, which I did with John, and with Geline.

Q.44: Where were those interviews conducted?

A.44: In my clinic.

Q.45: And the result of their interviews, examinations and

evaluation were reduced into writing in a psychiatric report duly
marked as EXHIBIT “D” which you previously identified to have
been prepared and signed by you?

A.45: Yes ma’am.

Q.46: In your Psychiatric Evaluation, Madam Witness, you stated

therein General Data, on page 1; then Brief Background History on
pages 2-4; Marital History page 4; Results of the Evaluation on
pages 7-9 of both petitioner and respondent, what is/are the basis
or bases of these reports?

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A.46: The data gathered from the petitioner, the respondent and
three other informants who had personal knowledge of the
petitioner and the respondent.

Q.47: Do the data you gathered have anything to do with the

petitioner and respondent’s behavior?

A.47: Yes, the data showed their specific behaviors and

personalities.

Q.48: In the same report you stated the Mental Status

Examination Report of Petitioner and Respondent, what is the
importance of this examination/ evaluation in coming up with said
Psychiatric Evaluation?

A.48: The mental status examination is important in the psychiatric

evaluation. It appraises the person's emotions, thought, speech,
behavior, memory, concentration, reasoning, judgment, insight and
other intellectual functions.

Q.49: In the same report, you stated herein that the Physical as
well as the Neurological Examinations of herein petitioner and
respondent were “essentially normal”. Please explain what do
you mean by that?

A.49: It means that they have no medical and brain disorders.

Q.50: Still in the same report, particularly page 7. Analysis of the

Case, it is stated: “The psychiatric evaluation showed the
presence of a psychological sexual dysfunction on the part of the
RESPONDENT. This sexual dysfunction is described in the criteria
of the DSM V Diagnostic Criteria for GENITO-PELVIC PAIN OR
PENETRATION DISORDER (Diagnostic and Statistical Manual of
Mental Disorders 5th Edition -a standardized American
classification of mental diseases)XXX” Clinically, please explain
the meaning of the said findings?

A.50: Based on the data gathered from the informants, it means

that the respondent exhibited a psychological sexual dysfunction,
with the enumerated signs and symptoms in these criteria. These
were prominently and consistently noted in the respondent.

Q.51: How are those characteristics affect petitioner’s attitude

towards his wife; and respondent’s attitude towards her husband?

A.51: It seriously affected the wife’s attitude towards her husband.

It caused the difficult marriage he underwent with her.

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Q.52: Please read for the record what are those indications of
Geline’s Penetration Disorder?

A.52: Geline fulfilled the criteria laid down under DSM V for
Penetration Disorder which are as follows:

XXX
1. Tightening of the vaginal muscle resulting in the inability to
penetrate
2. A feel of tension, pain or a burning sensation felt when
penetration is attempted
3. A decrease in or no desire to have intercourse
4. Voluntary avoidance of sexual activity
5. An intense phobia or fear of pain;

Q.53: In your Psychiatric Report particularly on pages 7 and 8 you

detailed the reasons or causes of Genito-pelvic pain or Penetration
Disorder of Geline, are these causes/reasons serious?

A.53: Yes, the causes and etiology mentioned were severe that led
to her continued refusal to consummate their marriage.

Q.54: How serious is the psychological disorder of the

respondent?

A.54: The respondent's sexual dysfunction is serious enough. This

disorder has a tremendous impact on her personal life. Women
with this disorder often have strained relationships because of the
inability to have sexual intercourse, and because it prevents them
from having a child and raising a family. As psychological stress
builds up over time, it may even lead to depression. The inability to
get penetrated is likely to cause a deep psychological influence in
a person's mind. The person may begin to feel ashamed, shocked,
embarrassed or even inferior. The chances of this person coming
to a conclusion of being “defective” are also high after repeated
failures and unbearable pain.

Q.55: Is this a permanent disorder on the part of the respondent?

A.55: Yes, it is. Personality disorders are by nature, permanent.

Narcissistic personality disorder is one of the more severe types,
thus it is permanent.

Q.56: Is this disorder of respondent, curable?

A.56: As of the moment, there is no guaranteed that Penetration

Disorder may be cured permanently.

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Q.59: Is this kind of psychological disorder serious enough that will
affect Geline’s ability to assume essential obligation of his
marriage with John?

A.59: It is serious such that her sexual dysfunction made her

incapable to do her marital obligations to love, care, respect and
render support to John.

Q.62: Would you say that this kind of disorder render Geline’s
ability to know the basic obligations of a marital relationship?

A.62: It is reflected in the data gathered in the report that she has
difficulty to show love, care, respect and render support to her
spouse.

Q.63: Can you safely say that Geline’s disorder already existed
prior to and at the time of celebration of his marriage to Dubhe?

A.63: Before marriage, she already manifested the characteristics

for this sexual dysfunction; thus, it is already present at the time of
celebration of his marriage to the petitioner.

Q.64: Are persons with these kinds of psychological disorder be

able to gain employment or can have normal life activities other
than marriage?

A.64: Yes, they can be employed, maintain their jobs and socialize
with others.

Q.65: Are these kinds of disorder or incapacities, medically and

clinically permanent?

A.65: In my opinion, it is clinically permanent. This fact is based on

studies and literature on sexual dysfunctions as well as personal
experiences with my patients having this disorder.

Q.66: Is it possible that Geline, with this kind of disorder, would

undergo treatment and be cured?

A.66: No. Despite her undergoing treatment, there is no

guaranteed cure for this dysfunction.

Q.67: Please explain how these kinds of personality disorders

affect dealings, especially on the kind of love, affection and marital
relationship between Geline and John?

11
A.67: Respondent's Penetration disorder severely affected the way
she showed love, care and affection in his marital relationship with
the petitioner.

Q.68: What about in matters of Geline’s capacity for intimacy, the

giving of mutual love, respect, fidelity and support to John, are they
also affected because of the said disorder?

A.68: Giving mutual love, respect, fidelity and support to his

spouse was likewise severely affected because of her condition.

Q.69: Is it safe to say that the incapacity to fulfill the essential

obligations of a marital relationship was by virtue of his disorder
and not only a refusal to perform the marital obligation?

A.69: Yes, since her Penetration disorder is the reason for her
incapacity as stated.

Q.70: You made mention of the seriousness of Geline’s

psychological disorder awhile ago, is there a scientific measure of
the seriousness or severity of these kinds of illnesses?

A.70: The scientific measure of the seriousness or severity of this

kind of illness is the standardized DSM V criteria, used in the
diagnosis of her condition, whereby the symptoms she exhibited
were assessed and evaluated based on these criteria.

Q.71: In your opinion using the criteria how serious or severe is

Geline’s psychological disorder?

A.71: It is serious and severe since she fulfilled 5 out of the 5

symptoms, to fulfill the disorder.

Q.72: Are these kinds of psychological disorders permanent?

A.72: Yes. There is no guaranteed cure for this.

Q.73: In your experience as a psychiatrist, in what age do these

kinds of psychological disorders usually manifest?

A.73: It manifests during late adolescence or early adulthood

stage.

Q.74: Considering that it may manifest at late adolescence or early

adulthood, is it possible that it may still exist even the person
attains maturity?

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A.74: Once it is in place, it continues to manifest even during age
of maturity.

Q.75: In your psychiatric report you made this recommendation,

which this representation reads:

“x x x In view of the foregoing psychiatric evaluation,

the respondent is found to have Genito-Pelvic Pain or
Penetration Disorder wherein the pelvic floor muscles around
the vagina contract or tighten whenever an attempt is made
to penetrate. This disorder has a tremendous impact on
one’s personal life. Women with this disorder often have
strained relationships because of the inability to have sexual
intercourse, and because it prevents them from having a
child and raising a family. As psychological stress builds up
over time, it may even lead to depression. The inability to get
penetrated is likely to cause a deep psychological influence
in a person's mind. The person may begin to feel ashamed,
shocked, embarrassed or even inferior. The chances of this
person coming to a conclusion of being “defective” are also
high after repeated failures and unbearable pain. It has no
specific cure.
The petitioner was not found to have any personality
disorder. He did his role in this marriage. However, it was the
Penetration disorder of the respondent that caused immense
problems in their marriage.
Having found that the respondent has Genito-pelvic
Pain or Penetration Disorder, the petition for nullity of
marriage is highly recommended. The petitioner can pursue
a healthy marital life in the future.””, why is this so Madam
witness?

A.75: There is no chance any more for them to have a normal,

healthy marital relationship, due to the presence of this
psychological disorder of the respondent. It will give the petitioner
a chance to have a normal family life so that he should be given
the chance to remarry in the future.

Q76: Do you recommend the nullity of their marriage on account of

respondent’s personality disorder?

A76: Yes;

IN WITNESS WHEREOF, I have hereunto affix my signature

this 22nd day of June 2015, in the City of Iloilo, Philippines.
13
 DR. JUSTICIA L. BARRIOS
Affiant

SUBSCRIBED AND SWORN TO before me this 22nd day

of September 2016. Affiant is personally known to me and
presented to me her PRC ID valid until February 2018 at Iloilo
City, Philippines; and BIR TIN ID No. 136 497 999 000.

Doc. No. ___;

Page No. ___;
Book No. ____;
Series of 2015.
SWORN ATTESTATION

I, ATTY. GIAN C. BERMUDO, of legal age, Filipino, with office

address at Albacete Bermudo Tabobo and Associates law firm,
Room 4C, 3RD Floor Manfred Building, General Luna St., Iloilo City
Poper, Iloilo City, attest that I have faithfully recorded and caused
to have recorded the questions asked and the corresponding
answers that the witness gave; and that neither us nor any other
persons then present or assisting her have coached said witness
regarding the latter’s answer.

GIAN C. BERMUDO

SUBSCRIBED AND SWORN TO before me this 22nd day

of September 2016. Affiant is personally known to me and
presented to me his IBP ID bearing his Roll Numbers. Affiant is
personally known to me and affixed his signature in my notarial
book.

VICTORIA MARCELA
ALBACETE
NOTARY PUBLIC
Commission No. 1234
Doc. No. ___; Until December 29, 2018-10-07
PTR NO. 123 DATED 10/10/2010
Page No. ___; ILOILO CITY
Book No. ___; ROLL NO. 12345
Series of 2015. MCLE COMPLIANCE NO. ____

DATED:_____

Room 4C, 2nd Floor Manfred

14 Building, General Luna Street,
Iloilo City, Philippines
15