Judicial Affidavit of Michelle E. Nabua: Republic of The Philippines First Judicial Region Regional Trial Court Branch 30

REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 30
San Fernando City, La Union
ONOFRE G. MANUEL, JR.,
Petitioner
- versus -
Civil Case No. 9114

For: DECLARATION OF
NULLITY
OF MARRIAGE
JOANNE M. MANUEL,
Respondent.
x--------------------x
JUDICIAL AFFIDAVIT OF
MICHELLE E. NABUA
I, MICHELLE E. NABUA, of legal age, married, Filipino
citizen and with residence at Pedro Elena Estate, Purok 5,
Pagudpud, City of San Fernando, La Union, a witness in this case,
state under oath as follows:
1. That I executed this Judicial Affidavit to serve as my direct
testimony in this case;
2. That this Judicial Affidavit is offered to prove:
a. To prove that she conducted a psychological evaluation
on the person of the Petitioner and Respondent;
b. To prove that either of the parties or both parties are
suffering from psychological incapacity to perform
essential marital obligations;
c. To prove that such psychological incapacity of the
parties is permanent, serious, incurable and existing
prior to marriage; and
d. To testify on other relevant matters and identify other
relevant documents.
3. That the QUESTIONS were propounded by petitioners
counsel, Atty. GILBERT R. HUFANA, in the English
language;
Civil Case No. 9114

Judicial Affidavit of Michelle E. Nabua
Page 1 of 8
4. That the examination was held at the office of Atty.

GILBERT R. HUFANA at Block 1 Lot 16 Manna Residences,
Pagdaraoan, San Fernando City, La Union.
5. That the ANSWERS were given by me, also in the English
language;
6. That I answered the questions asked of me intelligently and
truthfully with full consciousness under oath; and
7. I fully understand that I may face criminal liability for false
testimony and perjury.
The following were questions propounded on me by my
counsel, Atty. GILBERT R. HUFANA, with my corresponding
answers:
Q1: Please state your name, age, address, occupation and other
personal circumstances.
A1: I am MICHELLE E. NABUA, 38 years old, psychologist,
Filipino citizen, married and a resident of Pedro Elena Estate,
Purok 5, Pagudpud, City of San Fernando, La Union.
Q2: Madam Witness, do you know the Petitioner ONOFRE G.
MANUEL, JR. in this case?
A2: Yes sir, I met him when I conducted a psychological
evaluation upon his person last April 29, 2014.
Q3: Do you have proof that you indeed conducted a
psychological evaluation upon his person?
A3: Yes sir, the findings were reduced into writing in the
form of a Psychological Analysis Report.
Q4: If that Psychological Evaluation Report will be shown to you,
will you be able to identify it?
A4: Yes sir.
Q5: I am showing to you a Psychological Evaluation Report
consisting of fifteen pages including the cover page will you
go over the same and tell me if this is the Psychological
Evaluation Report that you have prepared for the Petitioner.
A5: Yes sir, this is the Psychological Evaluation Report
that I have prepared for Onofre G. Manuel, Jr.
Q6: How do you know maam?
A6: I signed the report sir.
Civil Case No. 9114
Page 2 of 8
Q7: On page fourteen (14) of said report is a signature above the

printed text Michelle E. Nabua. Do you know whose
signatures is this?
A7: That is my signature, sir.
Q8: You said that you conducted a psychological analysis upon
the person of Onofre G. Manuel, Jr., for what purpose was it?
A8: It was in relation to the case that he filed for the
declaration of his marriage with his wife, Joanne M.
Manuel, to be null and void ab initio.
Q9: How did you conduct the psychological analysis?
A9: I interviewed the Petitioner to gather information
about his family background and marital history. After
that, I administered psychological tests.
Q10: What were the psychological tests given to Petitioner?
A10:The tests given were Intelligence Test, Emotional
Intelligence Test, Sacks Sentence Completion Test,
Hand Test and Draw a Person Test.
Q11: What were your findings?
A11: The results of the tests given to the Petitioner
indicate that he is
suffering
from
PassiveAggressive Personality Disorder.
Q12:
What kind of disorder is this, Madam Witness?
A12:
It is a disorder exhibited by the Petitioners
feeling of weakness which prohibits him from
adjusting to the challenges of everyday living, having
a poor coping style and willingness to set aside his
wishes and feelings.
Q13:
What made you conclude that Petitioner is suffering
from this kind of personality disorder?
A13: Out of the twelve symptoms of this kind of
personality disorder, Petitioner exhibited three,
namely: having the feeling of insecurity, withdrawing
into long silences to avoid either confronting or
connecting with others, and fear of competition.
Q14:
In particular, what are the acts of the Petitioner which
exhibits these three symptoms?
A14: The first symptom, sir, is exhibited by Petitioners
willingness to submit himself to his wifes attitude
and his lack of confidence to deal with her infidelity
and irresponsible attitude.
Civil Case No. 9114
Page 3 of 8
Q15:
How about the second symptom withdrawing into long
silences to avoid either confronting or connecting with
others?
A15:Petitioner never had the courage to argue with his
wife. He prefers to come into silence and just do his
responsibility as the head of the family.
Q16: And the third symptom?
A16:Petitioner has a fear of competition as he prefers to
live with simplicity, practically with how his parents
taught him. He never had the chance to develop
himself to compete with others.
Q17:
When was this personality disorder developed?
A17: Based on the information gathered and the tests
conducted, it developed during his early childhood,
sir.
Q18:
Aside from the Petitioner, Madam Witness, were you
able to interview other persons in the preparation of your
report?
A18:
Yes sir, I also interviewed his mother, VALENTINA
MANUEL, who knows him and his wife and who had
the chance to observe their behaviors prior and after
the celebration of their marriage.
Q19:
And what were your findings, based on your interview
of his brother?
A19:The result of my interview with his mother only
strengthened the basis of my findings on Petitioners
personality disorder, sir.
Q20:
Were you also able to interview Petitioners wife?
A20:No sir because according to Petitioner, she no longer
had any communication with his wife after their
separation, hence, he does not know of any way to
contact her. But based on the data gathered from
Petitioner and his mother, I was also able to make an
evaluation of the Respondents personality.
Q21:
And what was the result of this evaluation?
A21:Respondent is suffering from Anti-Social Personality
Disorder sir, as exhibited by her attitude towards
handling her relationship with Petitioner, being
socially venturesome and extravagant as to her way
of living and has an attitude which tend to
Civil Case No. 9114
Page 4 of 8
antagonize, manipulate or treat others either harshly

or with callous indifference.
Q22: What is the meaning of this maam?
A22:These characteristics typically make people with antisocial
personality
disorder
unable
to
fulfill
responsibilities related to family, work or school.
Q23:
Can these personality disorders of the parties be cured?
A23:No sir. It is permanent and can no longer be cured
considering that it was developed during their early
childhood which are their formative stages. They are
deeply rooted in their personality structures and had
been developed long before the solemnization of their
marriage although only explicitly manifested along
their married life.
Q23:
But what if they submit themselves into counseling,
medical treatment or intervention?
A23:
No
amount
of
counseling
nor
familypsychotherapy can modify their personality disorder,
Maam, because it is permanent and curable since it
is profoundly embedded in their personality during
their developmental years so much that they shall
never be able to assume marital obligations.
Q24:
Is it serious?
A24: Yes sir, because it affects the way they perform their
marital obligations. As I have said earlier, people
afflicted with these disorders are unable to fulfill
responsibilities related to family, work or school.
Q25:
Based on your findings, Madam Witness, what do you
recommend?
A25:I recommend to this Honorable Court that the Petition for the
Declaration of Nullity of Marriage between ONOFRE G.
MANUEL, JR. and JOANNE M. MANUEL be granted due to
psychological incapacity of both parties.
Affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this
______________ at San Fernando City, La Union.
MICHELLE E. NABUA
Affiant/Witness
Civil Case No. 9114
Page 5 of 8
Proof of Identity shown:

_____________________
SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public in and for the City of San Fernando, Province of La Union
this ____________. Affiant personally came and appeared, known to
me as the same person who personally signed the foregoing
instrument and avowed under penalty of law to the whole truth of
the contents of said instrument.
Doc. No. ____
Page No. ____
Book No. ____
Series of 2015.
GILBERT RUIZ HUFANA

Notary Public until December 31, 2015
Roll No. 61392 (03.27.2012)
IBP No. 974966 (01.06.2015)
PTR No. 0316906 (01.06.2015)
TIN 920-960-030
Civil Case No. 9114

Page 6 of 8
SWORN ATTESTATION
I, GILBERT R. HUFANA, of legal age, Filipino, with postal
address Block 1 Lot 16 Manna Residences, Pagdaraoan, San
Fernando City, La Union after being duly sworn depose and
say:
1. I was the one who conducted the examination of witness
MICHELLE E. NABUA at my aforementioned office in Block
1 Lot 16 Manna Residences, Pagdaraoan, San Fernando City,
La Union;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
3. Neither I nor any other person then present or assisting her
coached the witness regarding his answers.
IN WITNESS WHEREOF, I have hereunto set my hand this
__________________ at San Fernando City, La Union.
GILBERT R. HUFANA
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for the City of San Fernando, Province of La Union
this ________________. Affiant personally came and appeared with
his Drivers License bearing the number A04-08-004875 issued by
the Land Transportation Office at San Fernando City, La Union,
valid until April 4, 2017. The identification contains 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. ____
Civil Case No. 9114

Page 7 of 8
Series of 2015.
Civil Case No. 9114

Page 8 of 8

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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

Civil Case No. 9114

Civil Case No. 9114

4. That the examination was held at the office of Atty.

Q7: On page fourteen (14) of said report is a signature above the

antagonize, manipulate or treat others either harshly

Proof of Identity shown:

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

GILBERT RUIZ HUFANA

Civil Case No. 9114

Civil Case No. 9114

Civil Case No. 9114

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