Republic of the Philippines)

City of Cebu
)ss

AFFIDAVIT
IN SUPPORT OF APPLICATION FOR SUPPORT
PENDENTE LITE
1.
I, KARYLLE GUTTIEREZ-MARCELO is of legal
age, Filipino citizen, a resident of 0129 D. Jakosalem Street,
Sitio Nangka, Barangay Cogon, Cebu City where she may be
served with Summons and other processes.
2.
Respondent GUILLERMO is of legal age, Filipino
citizen and a resident of 231 Pelaez Extension, Barangay Sta.
Cruz, Cebu City and my lawful husband.
3.
The love story can be traced sometime in
December 1999 when we first met at the wedding of my
cousin to his (my husband, respondent) elder sister.
4.
We started seeing each other after the wedding,
which eventually developed into a serious romantic
relationship.
As a gesture of respect to my parents,
respondent courted me by visiting at house. He continued to
do so even when I already gave in to respondents amorous
pursuit.
5.
Almost two months or on February 14, 2000, I and
my husband got married at Metropolitan Cathedral Cebu
City.
6.
On the reason of marriage, my husbands parents
gave me and my husband a BMW car with Plate No. GXW
123 which was registered on respondents name.
7.

I have two minor sons, Daniel and Enrique, ages

13 and 10, respectively.

8.
After the wedding, I had to go back to Japan in
order to fulfill his obligations as an overseas worker. For this
reason, respondent later joined and settled with him there.
9.
During their marriage, I and respondent acquired
the GUGU Bar located at Mango Avenue, Cebu City,

registered on under my name but managed by the

respondent.
10. As a result, respondent asked me to quit my job
and focus on their household. Sometimes, I would help my
husband in our business.
11. The business, however, incurred imminent loss
until it was close. As a result, my husbands behavior
suddenly changed, he indulged into drugs, alcohols,
gambling ad even sexual infidelity with other women.
12. Due to their haste decision on getting married, I
only realized the true nature of my husband. There are times
that me and my two minor sons suffered physical and
psychological abuses. Despite these, I still decided to live
with my husband and tried to save their marriage.
13. On January 25, 2006, husband abandoned our
conjugal home and is living with another woman.
14. I have decided that she deserves to start life anew
with feelings of hope for a brighter future my two sons since
there is no hope in their marriage.
15. I am filing this petition to declare his marriage a
nullity. Respondent showed no concern for his obligation
towards her family in violation of Art. 68 of the New Family
Code which provides that husband and wife are obliged to
live together, observe mutual love, respect and fidelity and
render mutual help and support. Petitioner is also filing this
case under Art. 36 of the same Code as the respondent
manifested apparent personality disorder and psychological
dysfunction, i.e. his lack of effective sense of rational
judgment and responsibility, by being psychologically
immature and failing to perform his responsibilities as
husband.
16. I sought the help of a psychologist. In this regard,
the Psychological Assessment Report of Dr. Maryjun Delgado
revealed and pointed the behavior of respondent as
symptoms of personality disorders called Borderline
Personality Disorder and Narcissistic Personality Disorder
which render respondent psychologically incapacitated to
perform her functions as a wife to petitioner. A copy of the
2

Psychological Assessment Report is hereto attached as

ANNEX D and made an integral part of this Petition.
17. That said psychological defect or illness is grave,
serious and incurable and existed prior to the marriage and
became manifest during its existence.
18. In the course of our marriage, me and my husband
have personal and real property namely;
i.
BMW car with plate No. GXW 123
ii.
Conjugal home located at 231 Pelaez
Extension, Brgy. Sta. Cruz, Cebu City
iii. GUGU bar located at Mango Ave.
22. From the time my husband abandoned us, she demands support from
him but he neglected my demand.
23. I am asking for P50,000 monthly from respondent for me and my two
sons daily expenses excluding the amount for the payment of their two sons tuition
fees.
Now, given the above, it is clear that I am incapable of supporting
myself and my two minor sons, Daniel and Enrique. Me and my sons are dependent
to respondent who abandoned us and is living with another woman.
24.

IN WITNESS HEREOF, I hereby set my hand this

_________________ at Cebu City, Philippines.

KARYLLE GUTTIEREZ-MARCELO
Affiant
SUBSCRIBED AND SWORN to before me, a notary
public in and for the City of Cebu, Philippines
this _______________ at Cebu City, Philippines, by
the affiant, who presented his Senior Citizens ID
with no. 153955 issued on 8/17/2012, as competent
evidence of identity.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2014.