Annex 1 - Judicial Affidavit

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

7th Judicial Region
Branch 5, Cebu City
JAN MILLER
Plaintiffs,
- versus - Civil Case No: R-CEB-22-027-CR

FOR: Damages based on Breach of
Promise to Marry
KATH AGUAS
Defendant.
x—--------------------------------x
JUDICIAL AFFIDAVIT OF KATH AGUAS
I, KATH AGUAS, of legal age, Filipino, single, and a resident of

Guadalupe, Cebu City, after having been duly sworn to in accordance with
law in answer to the questions asked of me by Atty. John Raymund Roxas in
his office at Unit 1B, Elite Towers, Mindanao Ave., Cebu Business Park,
Cebu City, on February 6, 2023 at 9:00 A.M. fully conscious that I do so
under oath and that I may face criminal liability for false testimony or
perjury hereby depose and state:
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..
EXAMINATION OF THE WITNESS

Questions were propounded by ATTY. JOHN RAYMUND ROXAS and
are numbered consecutively. Each question is followed by its corresponding
answer.
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.
Q3: Please state your name and personal circumstances.

A3: I am Kath Aguas, 28 years old, Filipino citizen, single, and
residing at Guadalupe, Cebu City.
Q4: Are you the same Kath Aguas as the defendant in this case?
A4: Yes.
Q5: Do you know the plaintiff in this case?

A5: Yes.
Q6: So how do you know him?

A6: He was introduced to me by a friend. And he introduced himself as
Jesten Bayber. We got along together, he courted me and eventually
started a relationship with him .
Q7: So you said that you know him as Jesten Bayber and not as his
true name Jan Miller?
A7: Yes, I never knew of his true identity not until I saw some of his
personal papers
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.
Q11: How is that possible?

A11: We seldom see each other as he is so busy with his business and
he is often not in Cebu for some business trips. The most that I see him
is when he visits me at home.
Q12: Do you recall receiving money from the plaintiff?

A12: Yes.
Q13: How much was that?

A13: It was P500,000.00
Q14: What was the money for?

A14: It is given by him out of his generosity as a help to me and to my
family.
Q15: Why did he help you and your family?

A15: While he was away, I called him and informed him that we were
given an ultimatum of one (1) month to evacuate. I was crying at that
time and he told me not to worry as he will find a way to help us.
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.
Attached to the petition is the copy of plaintiff’s passport ID and

marriage contract marked as Annex “2” and Annex “3” respectively.
Q18: Did you confront the plaintiff right away?

A18: No, I was so shocked when I found that. I was lost with words, I
did not call him nor communicate with him. I waited for him to be
back home and broke up with him.
Q19: Did you give him time to explain himself?

A19: Not anymore. The moment he arrived at our home, I threw all his
things including his passport and told him the wedding was off.
Q20: What happened after?

A20: I tried to avoid him and tried living my life. I still go to church
where I found Pastor Milan and confirmed to him that indeed the
Jesten Bayber that I know is the same person as the Jan Miller of this
case.
Q21: Do you remember receiving some demand letters and summons?

A21: No, as I was subjected to a gross humiliation, I decided to cool
off in our province. Although I know that he is demanding the money
back from some friends, but I never heard of him personally asking for
that.
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.
Q23: Do you have anything else to say?

A23: None.
IN WITNESS WHEREOF, I have hereunto set my signature this 6th

day of February 2023 at Cebu City, Philippines.
KATH AGUAS
Affiant
SUBSCRIBED AND SWORN to before me this 7th day of February 2023

at Cebu City, Philippines. Affiant exhibited to me his valid proof of identity
through a Driver’s License No. G06-05-001546 which is valid until January
5, 2028.

Doc No. ______;
Page No. _____;
Book No. _____;
Series of 2023.
ATTY. JOHN RAYMUND ROXAS

Notary Public for and in Cebu City
Roll of Attorneys No. 09876
Notarial Commission No. 232332
Until December 31, 2024; Cebu City
IBP No. 785430/12-10-20/Cebu City
PTR No. 485040/01-02-23/Cebu City
MCLE Compliance No. XX-0076543
ATTESTATION
I, JOHN RAYMUND ROXAS, of legal age, Filipino, with postal

address at Unit 1B, Elite Towers, Mindanao Ave., Cebu Business Park, Cebu
City, after being duly sworn depose and say:
1. I was the one who conducted the examination of KATH AGUAS.

2. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave; and
3. I have not, nor any other person then present or assisting him, coached
the witness regarding his answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day

of February 2023 at Cebu City.
ATTY. JOHN RAYMUND ROXAS

Examining Counsel
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for Cebu City Cebu this 6th day of February 2023. Affiant personally came
and appeared with Passport No. P3002G issued by the Department of
Foreign Affairs on August 24, 2021 at Cebu City bearing his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.
Doc No. ______;

Page No. _____;
Book No. _____;
Series of 2023.
ATTY. REGINE LEA SAYSIP

Notary Public for and in Cebu City
Roll of Attorneys No. 87123
Notarial Commission No. 22154
Until December 31, 2024; Cebu City
IBP No. 63609/12-10-20/Cebu City
PTR No. 88124/01-02-23/Cebu City
MCLE Compliance No. XI-072288

Annex 1 - Judicial Affidavit

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

- versus - Civil Case No: R-CEB-22-027-CR

JUDICIAL AFFIDAVIT OF KATH AGUAS

I, KATH AGUAS, of legal age, Filipino, single, and a resident of

EXAMINATION OF THE WITNESS

Q3: Please state your name and personal circumstances.

Q5: Do you know the plaintiff in this case?

Q6: So how do you know him?

Q11: How is that possible?

Q12: Do you recall receiving money from the plaintiff?

Q13: How much was that?

Q14: What was the money for?

Q15: Why did he help you and your family?

Attached to the petition is the copy of plaintiff’s passport ID and

Q18: Did you confront the plaintiff right away?

Q19: Did you give him time to explain himself?

Q20: What happened after?

Q21: Do you remember receiving some demand letters and summons?

Q23: Do you have anything else to say?

IN WITNESS WHEREOF, I have hereunto set my signature this 6th

SUBSCRIBED AND SWORN to before me this 7th day of February 2023

ATTY. JOHN RAYMUND ROXAS

I, JOHN RAYMUND ROXAS, of legal age, Filipino, with postal

1. I was the one who conducted the examination of KATH AGUAS.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day

ATTY. JOHN RAYMUND ROXAS

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

Doc No. ______;

ATTY. REGINE LEA SAYSIP

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