REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 55
ELENITA SALAMAT-MAGDALENO,
Plaintiff,
Civil Case No. 198761
- versus - For: DECLARATION OF
NULLITY OF
MARRIAGE
JOEL H. MAGDALENO,
Respondent.
x ----------------------------------- x
JUDICIAL AFFIDAVIT OF
ELENITA SALAMAT-MAGDALENO
PRELIMINARY STATEMENT
I, Elenita Salamat-Magdaleno, Filipino, Married, of legal age, with
residence at 9023 Kalayaan St., Brgy. Poblacion, Makati City, after having been
duly sworn in accordance with law, hereby depose and state:
That the person examining me is Atty. Mario Batongbacal, of Villanueva,
Romulo, Palabra Law Office, with address at 6 th Floor, RCBC Tower, Ayala Ave.
cor. Gil Puyat Ave., Makati City. The examination is being held at the same
address;
That I am answering his questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.
PURPOSE
The testimony of the plaintiff is being offered to prove:
1. That the respondent, Joel H. Magdaleno, contracted a subsequent
marriage with plaintiff, Elenita Salamat-Magdaleno, while respondent’s previous
marriage is still valid and subsisting;
2. That the subsequent marriage between respondent and plaintiff is
void for being bigamous;
3. That such testimony will serve as the legal basis for the claim
and/or prayer of the plaintiff;
AFFIDAVIT PROPER
Q: Please state your name and other circumstances for the record.
A: I am Elenita Salamat – Magdaleno, the petitioner of this case.
Q: Do you know a certain Joel H. Magdaleno?
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Civil Case No. 198761
A: Yes, he is my husband.
Q: How did you two meet?
A: We met at a coffee shop somewhere in Makati in 1993.
Q: How long have you been together before you were married?
A: Two (2) years.
Q: How would you describe your relationship with Mr. Magdaleno before
you got married?
A: We were like any other normal couple. We spent almost every day together and
enjoyed each other's company.
Q: What is the current status of your relationship with Mr. Magdaleno?
A: We are still married, however, we are now living separately for the last four
years.
Q: Do you have any proof of your marriage with Joel H. Magdaleno?
A: Yes, I have here our PSA Certificate of Marriage as my "Exhibit A."
Q: Do you have any children with Mr. Magdaleno?
A: Yes. We have a daughter - Francine S. Magdaleno. She is now fifteen (15) years
old. I am presenting her Birth Certificate as my “Exhibit B.”
Q: What is the reason for your separation with Mr. Magdaleno?
A: After five years of what seemed to be a perfect marriage, he suddenly became an
alcoholic. After some time, I discovered that he was also using prohibited drugs.
We would always fight because of him being addicted to drugs and being an
alcoholic. This has definitely damaged our marriage. Another reason is that I
caught him have sexual intercourse with another woman in January 2, 2016 at
our own home. And just recently, I learned that he was already married to
Nanette Natividad when we got married.
Q: Who is Nanette Natividad?
A: Apparently, she is the first wife of my husband, Joel. They got married in 1992.
Q: Do you have any proof of their alleged marriage?
A: Yes, I have their Certificate of Marriage as proof and as my "Exhibit C."
Q: Would you know of the current marital status of Joel and Nanette?
A: They are still married and now living together for two (2) years with their two (2)
year old child.
Q: Do you have any real property with Mr. Magdaleno during your
marriage?
A: Yes, Sir. We have a 500-square meter lot in Imus, Cavite; a residential house in
Poblacion, Makati; and a condominium unit in the Pearl Condominium.
Q: Do you have a prenuptial agreement?
A: None, Sir.
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Civil Case No. 198761
Q: What are your prayers to this court with regard to this case?
A: I am praying that the Honorable Court grant my petition for Declaration of
Nullity of my Marriage with Joel H. Magdaleno on the ground that our marriage
is void ab inito for being bigamous.
- END OF STATEMENT -
IN WITNESS WHEREOF, I hereunto set my hand below this 24 th day of
February, 2020 at Makati City.
ESMagdaleno
ELENITA SALAMAT-MAGDALENO
AFFIANT
SUBSCRIBED AND SWORN TO before me this 24th day of February,
2020, in the City of Makati, affiant Elenita Salamat-Magdaleno personally came
and appeared before me, exhibiting her Passport No. E91254 issued on 31 March
2017 at Pasay City.
B. Miranda
ATTY. BRIAN MIRANDA
NOTARY PUBLIC
Until December 31, 2020
Roll of Attorney No. 726615
IBP No. 182727 / 01-08-20 / Makati City
PTR No. 152525 / 01-06-20 / Makati City
MCLE No. V-815263 until April 21, 2022
Doc. No. 12;
Page No. 15;
Book No. XII;
Series of 2020.
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Civil Case No. 198761
EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT
Exhibit “A”
PSA Certificate of Marriage of
Joel H. Magdaleno and Elenita S. Magdaleno
Exhibit “B”
PSA Birth Certificate of
Francine S. Magdaleno
Exhibit “C”
PSA Certificate of Marriage of
Joel H. Magdaleno and Nanette N. Magdaleno
ATTESTATION
That I, MARIO BATONGBACAL, of legal age, and with law office address
at 6 Floor, RCBC Tower, Ayala Ave. cor. Gil Puyat Ave., Makati City, under
th
oath, hereby attest that I conducted the examination of the witness; that I have
faithfully recorded the questions I asked and the corresponding answers that the
witness gave; and that neither I nor any other person, then present or assisting
me coached the witness regarding her answers.
In witness whereof, I hereby sign my name this 24 th day of February, 2020
at Makati City, Philippines.
MBatongbacal
ATTY. MARIO BATONGBACAL
Counsel for Elenita Salamat-Magdaleno
6/F RCBC Tower, Ayala Ave. cor. Gil Puyat Ave., Makati City
IBP No. 525265 / Makati City
PTR No. 176543 / 01-02-20 / Makati City
Roll of Attorney’s No. 817615
MCLE Compliance No. V-765345
Valid until April 22, 2022
SUBSCRIBED AND SWORN TO before me this 24th day of February,
2020, in the City of Makati, Atty. Mario Batongbacal personally came and
appeared before me, exhibiting his LTO Driver’s License No. 736353 issued on
March 31, 2019 at Makati City.
B. Miranda
ATTY. BRIAN MIRANDA
NOTARY PUBLIC
Until December 31, 2020
Roll of Attorney No. 726615
IBP No. 182727 / 01-08-20 / Makati City
Page 4 of 5
Civil Case No. 198761
PTR No. 152525 / 01-06-20 / Makati City
MCLE No. V-815263 until April 21, 2022
Doc. No. 12;
Page No. 15;
Book No. XII;
Series of 2020.
Page 5 of 5
Civil Case No. 198761
