Republic of the Philippines
REGIONAL TRIAL COURT
_______________________
Branch ______
MA. CHRISTINA DE LEON
As represented by Atty-in-fact
EDWIN DE LEON, SPEC. PROC. CASE NO. ____________
Petitioner, FOR: RECOGNITION OF FOREIGN
DECREE OF DIVORCE &
CANCELLATION
- versus - OR CORRECTION OF ENTRIES IN
THE
CIVIL REGISTRY
SON YOUNG JOO and the
Civil Registrar General duly
Represented by the Civil
Registrar of the Local Civil
Registrar of San Juan, Metro Manila.
Respondents.
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JUDICIAL AFFIDAVIT
I, EDWIN C. DE LEON, of legal age, Filipino and residing at 1331
Sunlight St., Brgy. Muzon, City of San Jose del Monte, after having
been sworn in accordance with law, and in answer to questions
propounded by the counsel ATTY. WARLITO DM. GOGOLIN at his
office address at San Francisco St., Brgy. Poblacion, City of San Jose
del Monte, Bulacan, by way of this JUDICIAL AFFIDAVIT, testifies as
witness before this Honorable Court, as to the following facts:
ATTY. GOGOLIN.
The witness will testify on the following purposes, that he
represents the Petitioner and will testify to prove the material
allegations in the Petition particularly that Petitioner was
divorced to SON YOUNG JOO and the divorce obtained in
Republic of Korea. He will also identify pertinent documents
related to the petition and to other matters related to the
case;
Hereunder are the answers of witness EDWIN C. DE LEON
to the questions posed by Petitioner’s counsel, fully
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conscious that his answers are given under oath and under
the penalty of criminal liability of perjury and false testimony.
1. Q: Mr. Witness, are you the same person who is the petitioner in
this instant petition?
A : Yes, sir. I am the representative of Ma. Christina De
Leon.
2. Q : Do you have any proof that you are indeed the
representative of the Petitioner Ma. Christina De
Leon?
A : I have here the copy of my Special Power of Attorney
from Ma. Christina De Leon.
ATTY. GOGOLIN: I am showing to you this Special Power of Attorney
executed by one MA. CHRISTINA DE LEON which we request to be
marked as Exhibit “____”, is this the one you are referring to?
A : Yes, Sir.
We respectfully request that the Special Power of Attorney dated
___________________ attached to the record be marked as “Exhibit
______”, your honor.
3. Q : If your Petition will be shown to you, will you be able
to identify it?
A : Yes, Sir.
ATTY. GOGOLIN: I am showing to you this Petition for Judicial
Recognition of Foreign Divorce filed by one MA. CHRISTINA DE LEON
which we request to be marked as Exhibit “___”, is this the one you
are referring to?
A : Yes, Sir.
We respectfully request that the photocopy attached to the record
be marked as “Exhibit ___”, your honor.
4. Q : What is your proof that you are Edwin C. De Leon,
the representative of the Petitioner in this case?
A : My passport, Sir.
ATTY. GOGOLIN: Witness handed to me his Passport issued on
September 10, 2021, which we will respectfully request to be marked
as Exhibit “____” your Honor.
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5. Q : By the way Mr. witness, why did you file this
Petition?
A : It is because we want the Divorce of San Young Joo
filed in Korea to be recognized here in the Philippines
because San Young Joo and Ma. Christina De Leon
got married here in the Philippines but subsequently
got divorced in Korea.
6. Q : You mentioned that Ma. Christina De Leon and Son
Young Joo got married here in the Philippines, when
and where was that, Mr. Witness?
A : On November 3, 2005, in San Juan Metro Manila.
7. Q : What is your proof Mr. witness that they are
indeed married to here in the Philippines?
A : Their Certificate of Marriage, Sir.
ATTY. GOGOLIN: Witness produced the Original Certificate of
Marriage Contract of Son Young Joo and Ma. Christina De Leon issued
by the Philippine Statistics Authority, copy of which we request to be
marked as Exhibit “____”.
We respectfully request that the photocopy attached to the
record be marked as “Exhibit ___”, your honor.
8. Q : You also mentioned that the Marriage was already
dissolved through a Divorce in Korea, when was
that Mr Witness?
A : On February 26, 2021, Sir.
9. Q : What is your proof that indeed the said Marriage was
already dissolved through a Divorce in Korea?
A : I have here the Letter of Confirmation issued by
Judge Kang Sung Woo and the Marriage Certificate
(Detailed).
ATTY. GOGOLIN: For this purpose, your Honor, may we request that
the documents Letter of Confirmation and Marriage Certificate
(Detailed) be marked as Exhibits “____”, and “____”.
I am showing to you the Letter of Confirmation and Marriage
Certificate (Detailed), marked as Exhibits “___”, and “___”, please
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tell us how are these documents related to the ones you referred to
earlier?
A : These are the documents I am referring to you, sir.
10. Q : Do you have any other proof that said marriage is
indeed dissolved in Korea?
A : Yes, sir. I have here the machine copy of the Family
Register.
ATTY. GOGOLIN: Witness produced the machine copy of the Family
Register of Son Young Joo which was already translated in English with
Issuance Number 3164-2702-1902-2230, copy of which we request to
be marked as Exhibit “___”.
11. Q : Mr. Witness, Philippines has no law on Divorce, what
about in Republic of Korea?
A : There is sir. Republic of Korea Law recognizes
Divorce, sir.
12. Q : What proof, if any, do you have that Republic of Korea
recognizes Divorce?
A : I have with me the machine copy of Civil Act of
Republic of Korea (Act No. 14409) I obtained from the
____________________________.
ATTY GOGOLIN: Witness handed to me the pertinent documents from
the _______________ containing the Civil Act of Republic of Korea
(Act No. 11409). We respectfully move that this document be marked
as our Exhibit “____" series.
13. Q : Do you which to add anything to your Statement
Mr. witness?
A : None, Sir, I only want to request this Honorable
Court to render a judgment recognizing the Divorce
in Korea, Sir, and that the reliefs prayed for in the
Petition be granted.
14. Q : Mr. Witness, do you remember having signed a
verification and certification against forum shopping
in relation to this case?
A : Yes, sir.
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15. Q : If the same document will be shown to you, will you
be able to identify the same?
A : Yes, sir.
ATTY. GOGOLIN: I am showing to you a document denominated as
Verification and Certification against forum shopping, will you please go
over the same and tell us if is this is the one you mentioned?
A : Yes sir, this is the document I executed.
16. Q : Mr. witness, in the verification there appears to
be a signature above the name EDWIN C. DE
LEON, whose signature is that?
A : That is my signature sir.
ATTY. GOGOLIN: Your Honor, we respectfully move that this
Verification be marked as our Exhibit “__” and the signature thereof
be marked as our Exhibit “___-1”.
NO MORE QUESTIONS your Honor.
IN TRUTH WHEREOF, I warrant in this judicial affidavit that I
answered the questions asked of me, that I am fully conscious that I do
so under oath and that I may face criminal liability for false testimony o
perjury.
WITNESS MY HAND this _____________ at ____________
EDWIN C. DE LEON
Affiant
SUBSCRIBED AND SWORN TO before me this __________,
affiant having sworn to me her valid and officially used
______________ issued by the _____________; known to me to be
the same person who executed the foregoing Judicial Affidavit and
acknowledged before me that same was made and executed as his
own free act.
Doc. No.____;
Page No. ____;
5
Book No.____;
Series of 2021.
COUNSEL’S ATTESTATION
I, ATTY. WARLITO DM. GOGOLIN do hereby affirm and
certified that I faithfully recorded the questions I asked and the
answers that the witness gave me. Neither was the witness coached
by me nor any other witness regarding his answers.
WARLITO DM. GOGOLIN
Roll No. 52714
PTR NO. 2443817; 1/4/2021; CSJDM, Bulacan
IBP No.121236; 12-30-2020 (For 2021); Malolos, Bulacan
MCLE Comp. VII No. 0002403; 02/13/2020
[email protected] Cellphone No. 09178555029
SUBSCRIBED AND SWORN to before me this __ day of May
2021 here at City of San Jose del Monte, Bulacan.
Doc No. _____
Page No. ____ Notary Public
Book No. ____
Series of 2021.