Professional Documents
Culture Documents
Annex 1 - Judicial Affidavit
Annex 1 - Judicial Affidavit
JAN MILLER
Plaintiffs,
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes the
use of judicial affidavits to serve as the direct examination testimony of the
witness, on the basis of which the adverse party may conduct their
cross-examination on such a witness, I hereby execute this judicial affidavit
in a question and answer format.
That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I
also state that it was Atty. John Raymund Roxas, a private lawyer, who
conducted the examination of the undersigned affiant at Unit 1B, Elite
Towers, Mindanao Ave., Cebu Business Park, Cebu City.
That conformably also with section 3 (c) thereof, I hereby state under
the pain of perjury that in answering the questions asked of me, as appearing
herein below, I am fully conscious that I did so under oath, and that I may
face criminal liabilities for false testimony or perjury.
OFFER OF TESTIMONY
This Judicial Affidavit of the Defendant is executed to serve as his
direct testimony in the instant case. The Judicial Affidavit is offered to:
1. Prove the material allegations stated in the Answer; and
2. Prove that the Defendant has no obligation to return the money freely
given to her by the plaintiff and that there is no breach of promise to
marry..
Q1: Do you swear to tell the truth and nothing but the truth?
A: I do.
Q2: Are you aware that you may face criminal liability for false
testimony and/or perjury if you fail to tell the truth to the best of your
knowledge?
A: Yes, I am aware.
Q4: Are you the same Kath Aguas as the defendant in this case?
A4: Yes.
Q8: When you agreed to be the plaintiff's girlfriend, were you aware
that he is a married person?
A8: No, he introduced himself as a divorcee. That he had three
previous marriages before me.
Q9: How long have you been together before you decided to marry
him?
A9: We were celebrating the first year anniversary of us meeting each
other when he proposed marriage.
Q10: So from the time you met him until he proposed to you, you did
not know that he is not who you know him to be?
A10: No.
Q16: Did he tell you that the money was for the purchase of a lot for
your conjugal home after your marriage?
A16: No. He sent the money just days after I called him about our
ultimatum. So I took the money as a gift from him and his way of
helping me and my family.
Q17: When and How did you discover that he was lying about his
identity and civil status?
A17: Sometime in September 2022, plaintiff was away for a business
trip. As he also often sleeps in our house, he left some of his luggage
there. As a wife to be, I cleaned up after his mess and arranged his
things. Then I found a bag inside what looked like a secret
compartment of his luggage. There I found a passport bearing the name
of “Jan Miller” with the photo of the fiance that I know and a marriage
contract between Jan Miller and one Clara Ybarra.
Q22: Did you not intend to break up with him because you already got
the money he promised?
A22: No. If I had not known that he lied about his identity and if he
was still single, I would have loved to marry him. But his fraudulent
representation and ill-wicked scheme of promising to marry me when
he cannot due to some legal circumstances makes me hate him.
KATH AGUAS
Affiant
ATTESTATION