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Court Hearing on Marriage Nullity Case

The document is a script for a court trial involving KF Aseron and Q Madarang, where the petitioner seeks a declaration of nullity of marriage based on psychological incapacity. The testimonies include the petitioner claiming abuse and psychological issues of the respondent, while the respondent's counsel argues against these claims. Expert witnesses also provide insights into the psychological state of the respondent, with both sides presenting affidavits and cross-examinations to support their cases.

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0% found this document useful (0 votes)
16 views11 pages

Court Hearing on Marriage Nullity Case

The document is a script for a court trial involving KF Aseron and Q Madarang, where the petitioner seeks a declaration of nullity of marriage based on psychological incapacity. The testimonies include the petitioner claiming abuse and psychological issues of the respondent, while the respondent's counsel argues against these claims. Expert witnesses also provide insights into the psychological state of the respondent, with both sides presenting affidavits and cross-examinations to support their cases.

Uploaded by

karlamaedp
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

GROUP 3 SCRIPT

Roles:

1. Petitioner: KF Aseron
2. Petitioner’s Counsel: Charlene del Campo
3. Respondent: Q Madarang
4. Respondent’s Counsel: Talyn Almario
5. Witness 1(Psychiatrist): Princess Agdeppa
6. Witness 2(Archival De Guzman): Tolits Mendez

CC: For the trial please all rise. RTC Branch 78 is now in session.
Honorable Fernandez presides.

Judge:…

CC: The court is now in session, we call on now Civil Case No. Q-
12-3456, KF Aseron vs Q Madarang Tsoi. For: Declaration of Nullity
of Marriage under Art. 36 of Family Code

(CHA) Petitioner’s Counsel: I am Atty. Charlene del Campo,


counsel for the plaintiff your honor

(TALYN) Respondent’s counsel: I am Atty. Talyn Almario counsel


for the defendant your honor

Judge: Is the plaintiff ready?

(CHA) Petitioner’s Counsel: Yes your honor

CC: May we call on the witness stand the plaintiff, KF Aseron.

CC: Can you please raise your hand. Do you swear to tell the truth,
the whole truth nothing but the truth. So help me god

(KF) Petitioner - Yes, I do

(CHA) Petitioner’s Counsel: May I proceed your honor?

Judge: proceed…

(CHA) Petitioner’s Counsel: Your honor the purpose of this case is


to prove to the court that the respondent Querllon Madarang is
psychologically incapacitated and that he is suffering from Anti-
Social Personality Disorder and is completely unable to fulfil his
basic marital.

1
Judge: any objection

(TALYN) Respondent’s counsel: None, Your Honor.

(CHA) Petitioner’s Counsel: Are you the same Kentfhil Mae


Aseron-Madarang, the plaintiff in this case?

(KF) Petitioner: Yes, ma’am.

(CHA) Petitioner’s Counsel: In connection with this case, do you


remember executing a judicial affidavit?

(KF) Petitioner: Yes, ma’am.

(CHA) Petitioner’s Counsel : If I will be showing to you your said


judicial affidavit can you identify the same?

(KF) Petitioner: Yes ma’am.

(CHA) Petitioner’s Counsel: Showing to you this judicial affidavit


consisting 6 pages dated August 10, 2019. Is this the judicial
affidavit you are referring to?

(KF) Petitioner: Yes ma’am. That is the Judicial Affidavit that I


have executed in connection with this case.

(CHA) Petitioner’s Counsel: In page 4 of this judicial affidavit


there is a signature appearing in the printed name of Kentfhil Mae
Aseron-Madarang. Could you please tell us whose signature is that?

(KF) Petitioner: That’s my signature, ma’am.

(CHA) Petitioner’s Counsel: Before you affix your signature in this


judicial affidavit, do you read the contents of this judicial affidavit?

(KF) Petitioner: Yes, ma’am.

(CHA) Petitioner’s Counsel: Do you confirm and affirm that all


the allegations that you have meant in this judicial affidavit are true
and correct in your personal knowledge?

(KF) Petitioner: Yes ma’am.

(CHA) Petitioner’s Counsel: We pray, your honor, that the


affidavit of the plaintiff be marked as our Exhibit “A”, page 2 as “A-
1” and the signature as “A-3”.

Your Honor I am through with this witness


2
CROSS

(TALYN) Respondent’s counsel: You said on your Judicial Affidavit


that respondent was very harsh to you, and he even physically
abused you?

(KF) Petitioner: Yes, Ma’am

(TALYN) Respondent’s counsel: On what way Ms. Witness?

(KF) Petitioner: There’s one instance Mam that he punched me on


the face and kicked me. And he also locked me inside the comfort
room.

(TALYN) Respondent’s counsel: Would you know the reason why


he did that Ms. Witness?

(KF) Petitioner: He got jealous Mam.

(TALYN) Respondent’s counsel: But you said in your Judicial


Affidavit that you and Mr. Querllon Madarang did not have any
history of having another lover or of any kind that will cause
jealousy not even once, is that correct?

(KF) Petitioner: Yes Mam.

(TALYN) Respondent’s counsel: What is your relation to the man


that your husband got jealous to?

(CHA) Petitioner’s Counsel: Your honor the question is


irrelevant/immaterial

Judge decide to the objection

(KF) Petitioner: answer if overruled- he is my male friend, Mam.

(TALYN) Respondent’s counsel: You also stated in your Judicial


Affidavit that from the celebration of your marriage up to the
present, respondent did not treated you well, is that right?

(KF) Petitioner: Yes, Mam.

(TALYN) Respondent’s counsel: How about prior to the celebration


of your marriage to the respondent, did he treated you well?

(KF) Petitioner: No, Mam


3
(TALYN) Respondent’s counsel: You said in your Judicial Affidavit
that the purpose of your testimony is to prove that the respondent
is psychologically incapacitated and that he is suffering from Anti-
Social Personality Disorder, is that correct?

(KF) Petitioner: Yes, Mam.

(TALYN) Respondent’s counsel: How can you say so that the


respondent is psychologically incapacitated and that he is suffering
from Anti-Social Personality Disorder?

(KF) Petitioner: By being abusive not only to me but to others to.


And he also undergone a tests, Mam.

(TALYN) Respondent’s counsel: Why did you continue having a


relationship with the respondent if he is psychologically
incapacitated and that he is suffering from Anti-Social Personality
Disorder? Knowing that he is abusive?

(KF) Petitioner: Because he begged to me for many times to fix our


relationship Mam. And he keep on promising that he will change.

(TALYN) Respondent’s counsel: How would you describe your relation


to the respondent prior to your marriage? Were there moments that
you were happy with your husband?

(KF) Petitioner: Yes, Mam.

(TALYN) Respondent’s counsel: That’s why you got pregnant, is that


correct?

(CHA) Petitioner’s Counsel: Objection your Honor the question is


irrelevant/misleading.

Judge decide to the objection

(KF) Petitioner: answer if overruled- Yes, Mam.

(TALYN) Respondent’s counsel: Your Honor I am through with


this witness

REDIRECT

(CHA) Petitioner’s Counsel: You said in your Judicial Affidavit


that respondent is psychologically incapacitated and that he is
suffering from Anti-Social Personality Disorder, is that correct?

4
(KF) Petitioner: Yes, Mam.

(CHA) Petitioner’s Counsel: How would describe your relation to


the respondent during your marriage? Were there moments that
you were happy with your husband?

(KF) Petitioner: No, Mam that’s why we did not begotten another
child during our marriage.

(CHA) Petitioner’s Counsel: Did the respondent undergone some


psychological tests to prove your allegation?

(KF) Petitioner: Yes, Mam.

(CHA) Petitioner’s Counsel: How about you, did you also


undergone some psychological tests?

(KF) Petitioner: Yes, Mam.

RECROSS:

(TALYN) Respondent’s counsel: Why did you and the respondent


undergone some psychological tests?

(KF) Petitioner: To prove that he is psychological incapacitated and


that he is suffering from Anti-Social Personality Disorder.

(TALYN) Respondent’s counsel: In your observation do you find


him psychological incapacitated and that he is suffering from Anti-
Social Personality Disorder prior to your marriage?

CHA) Petitioner’s Counsel: Objection your Honor the question is


improper.

(KF) Petitioner: (answer if overruled) Yes, Mam.

(TALYN) Respondent’s counsel: Why did you marry him then?

(KF) Petitioner: Because my parents demanded a marriage from


him.

(TALYN) Respondent’s counsel: Why did your parents demanded a


marriage from the respondent?

5
(KF) Petitioner: Because I got pregnant, Mam.

(TALYN) Respondent’s counsel: If you know in yourself that he is


psychologically incapacitated, why did you not ended your
relationship with the respondent despite his begging?

(KF) Petitioner: Because he keeps in promising that he will change


mam

(TALYN) Respondent’s counsel: You keep on believing in his


promises is that correct?

(KF) Petitioner: Yes, mam

(TALYN) Respondent’s counsel: If you know in yourself that he is


psychologically incapacitated why do you keep on believing him?
Maybe because you know in yourself that he is not psychologically
incapacitated, is that right?

(CHA) Petitioner’s Counsel: Your Honor, the question is improper.

Judge decide to the objection

(KF) Petitioner: answer if overruled- No Mam.

(TALYN) Respondent’s counsel: Your Honor I am through with


this witness.

NEXT WITNESS (PRINCESS PSYCHOLOGIST)

CC: May we call on the witness stand the Clinical Psychologist, Dr.
Princess Agdeppa.

CC: Can you please raise your hand. Do you swear to tell the truth,
the whole truth nothing but the truth. So help me god

Princess Agdeppa - Yes, I do

(CHA) Petitioner’s Counsel: We are offering the testimony of the


witness to prove that the respondent is psychologically
incapacitated to perform its marital obligations. May I proceed your
honor?

Judge: proceed…

6
(CHA) Petitioner’s Counsel: Please state your full name, age, and
other personal circumstances

Princess Agdeppa: I am PRINCESS AGDEPPA M.A. RPm, RPsy, of


legal age, single, Filipino, and a resident of No. 30, Masbate Street,
Barangay PuroRecklamo, Quezon City, with office address at 375-
BDr. Jose Fernandez St., Brgy. Highway Hills, Mandaluyong City

(CHA) Petitioner’s Counsel: In connection with this case, do you


remember executing a judicial affidavit?

Princess Agdeppa: Yes, ma’am.

(CHA) Petitioner’s Counsel : If I will be showing to you your said


judicial affidavit can you identify the same?

Princess Agdeppa: Yes ma’am.

(CHA) Petitioner’s Counsel: Showing to you this judicial affidavit


consisting 7 pages dated August 10 19. Is this the judicial affidavit
you are referring to?

Princess Agdeppa: Yes ma’am. That is the Judicial Affidavit that I


have executed in connection with this case.

(CHA) Petitioner’s Counsel: In page 6 of this judicial affidavit


there is a signature appearing in the printed name of Princess
Agdeppa. Could you please tell us whose signature is that?

Princess Agdeppa: That’s my signature, ma’am.

(CHA) Petitioner’s Counsel: Before you affix your signature in this


judicial affidavit, do you read the contents of this judicial affidavit?

Princess Agdeppa: Yes, ma’am.

(CHA) Petitioner’s Counsel: Do you confirm and affirm that all


the allegations that you have meant in this judicial affidavit are true
and correct in your personal knowledge?

Princess Agdeppa: Yes ma’am.

(CHA) Petitioner’s Counsel: We pray, your honor, that the


affidavit of the plaintiff be marked as our Exhibit “B”, page 2 as “B-
1” and the signature as “B-3”.

Your Honor I am through with this witness

7
CROSS:

TALYN) Respondent’s counsel: Ms. Witness, is this your first time


to testify as an expert witness in an open court?

Princess Agdeppa: No, Mam.

TALYN) Respondent’s counsel: How many times have you testified


in open court?

Princess Agdeppa: Almost a hundred times mam.

TALYN) Respondent’s counsel: Aside from the respondent, have


you done similar test to determine the one’s behavior?

Princess Agdeppa: Yes ma’am.

TALYN) Respondent’s counsel: Is the result of such test 100%


accurate?

Princess Agdeppa: Yes ma’am.

TALYN) Respondent’s counsel: How can you say so mam?

Princess Agdeppa: Because it is standardized mam.

TALYN) Respondent’s counsel: you stated in your judicial affidavit


that respondent is suffering from ANTI-SOCIAL PERSONALITY
DISORDER, is that correct?

Princess Agdeppa: Yes ma’am.

TALYN) Respondent’s counsel: As an expert in your field, do you


think that it is a conclusive evidence to conclude that a person is
suffering from Anti Social Personality Disorder?

Princess Agdeppa: Yes ma’am.

TALYN) Respondent’s counsel: That would be all, Your Honor.

8
CC: May we call on the witness stand the respondent, Querllon
Madarang.

CC: Can you please raise your hand. Do you swear to tell the truth,
the whole truth nothing but the truth. So help me god

(Q ) Respondent- Yes, I do

TALYN) Respondent’s counsel: We are offering the testimony of the witness to


prove that he that respondent is not psychologically incapacitated to perform his basic marital
obligations and to prove that the respondent is is not suffering from Anti Social Personality
Disorder. May we proceed, Your Honor?

Judge: any objection/proceed

(CHA) Petitioner’s Counsel: None, Your Honor.

(TALYN) Respondent’s counsel: Are you the same Querllon


Madarang, the respondent in this case?

(Q ) Respondent: Yes, ma’am.

(TALYN) Respondent’s counsel: In connection with this case, do


you remember executing a judicial affidavit?

(Q ) Respondent: Yes, ma’am.

(TALYN) Respondent’s counsel: If I will be showing to you your


said judicial affidavit can you identify the same?

(Q ) Respondent: Yes ma’am.

(TALYN) Respondent’s counsel: Showing to you this judicial


affidavit consisting 5 pages dated August 10, 2019. Is this the
judicial affidavit you are referring to?

(Q ) Respondent: Yes ma’am. That is the Judicial Affidavit that I


have executed in connection with this case.

(TALYN) Respondent’s counsel: In page 4 of this judicial affidavit


there is a signature appearing in the printed name of Querllon
Madarang. Could you please tell us whose signature is that?

(Q ) Respondent: That’s my signature, ma’am.

9
(TALYN) Respondent’s counsel: Before you affix your signature in
this judicial affidavit, do you read the contents of this judicial
affidavit?

(Q ) Respondent: Yes, ma’am.

(TALYN) Respondent’s counsel: Do you confirm and affirm that


all the allegations that you have meant in this judicial affidavit are
true and correct in your personal knowledge?

(Q ) Respondent: Yes ma’am.

(TALYN) Respondent’s counsel: We pray, your honor, that the


affidavit of the plaintiff be marked as our Exhibit “1”, page 2 as “1-
A” and the signature as “1-B”.

Your Honor I am through with this witness.

CROSS

(CHA) Petitioner’s Counsel: Mr. Witness, do you love your wife?

(Q ) Respondent: Yes, mam

(CHA) Petitioner’s Counsel: How would describe your relation to


the plaintiff prior to your marriage?

(Q ) Respondent: We’re happy, mam. That’s why we have our son


Kailey.

(CHA) Petitioner’s Counsel: How about during marriage how


would describe your relation to the plaintiff prior to your marriage?

(Q ) Respondent: We’re still happy, mam.

(CHA) Petitioner’s Counsel: You said in your Judicial Affidavit


that Mrs. Kentfhil Mae Aseron had any history of having another
lover or of any kind that will cause jealous, is that correct?

(Q ) Respondent: Yes, Mam

(CHA) Petitioner’s Counsel: You also said in your Judicial Affidavit


that it is your friend you told you that your wife is having an illicit
affair, is that correct?

(Q ) Respondent: Yes, Mam

(CHA) Petitioner’s Counsel: Did you believe your friend?


10
(Q ) Respondent: Yes mam.

(CHA) Petitioner’s Counsel: How did you react to that jealousy mr.
witness?

(Q ) Respondent: I Confronted her and talked to her calmly mam.

(CHA) Petitioner’s Counsel: That would be all, Your Honor.

11

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