REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
CITY OF BATAC
BRANCH __

TYRONE DIEGO,
Petitioner,

---versus--- Civil Case No. __________

For: DECLARATION OF NULLITY OF
MARRIAGE
MALYN DE LARA,
Respondent.

x-----------------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF DR. CRISTINA GATES

I, CRISTINA GATES, of legal age, married, and a licensed psychologist

respectfully answers, under oath, the questions propounded by Atty. Limberge
Corpuz conducted in his office at Barangay 26, Laoag City, Ilocos Norte of which
testimony shall be used for the purpose of establishing facts and circumstances
that:

ATTY: We are offering the testimony of the witness:

1. To prove that MALYN DE LARA DIEGO, respondent in this case, has
consistently manifested serious personality aberrations though narcissistic
personality disorder, that renders her to be psychologically incapacitated to
comply with the essential marital obligations to her husband, the herein
petitioner;
2. To prove that such psychological incapacity was already existing at the time
of their marital union;
3. To prove such psychological incapacity is medically or clinically permanent
or incurable, and grave enough to bring about her outright disability, not just
a mere refusal or difficulty, to assume the essential obligations of marriage;
4. To prove that reconciliation would be an exercise in futility;
5. To identify documents pertinent to the case; and
6. For other matters related and pertinent to the case.

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 Without prejudice of being held criminally liable for false testimony or
perjury based on the following statements

CORPUS OF TESTIMONY

ATTY.: With your indulgence, your Honor.

Q: State your name and personal circumstances

A: I am Dr. Christina Gate, of legal age, single, Filipino and a resident of Laoag
City Philippines, a psychologist.

Q: Madam, do you know one Tyrone Diego?

A: Yes

Q: How do you know him?

A: He sought my professional service.

Q: What professional services of yours did he seek?

A: He requested for a psychological assessment and evaluation on his person and
on his wife Malyn Diego.

Q. What was the purpose of such psychological assessment and evaluation?

A: To determine whether he or his wife, or could be both, has/have psychological
incapacity to comply with the essential marital obligations, which could be basis
for declaration of nullity of marriage.

Q: Were you able to conduct psychological assessment and evaluation upon

Tyrone?
A: Yes. I personally administered to him a battery of psychological test and I also
conducted clinical interview with him, corroborated by collateral informants who
were also invited and I able to support the claim of Tyrone.

Q: What test did you administer to the petitioner, if any?

A: I administered six tests: Ravens progressive Matrice which is an intelligence
test; the Basic Personality Inventory, 16 Personality Factors Test, The Enneagram
Questionnaire, Emotions Profile Index Test, and Marital Satisfaction Inventory,
which are personality test. I also conducted interview with the petitioner and
collateral informants.

Q: What is/are purpose/s or relevance of the tests?

A: These tests determine an individuals personality, how he thinks, how he feels,
his behavior and attitude, and his tendencies. They give a picture of the personality,
including that of the marital aspect. They show the affective, rational, and
behavioral aspects of which are not readily observable in ordinary situations.
Q: What is this the Ravens Progressive Matrices which you administered?
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A: It measures general mental ability and offers mental information about
someones capacity for analyzing and solving problems, abstract reasoning, and
ability tom learn.

Q: How about the Basic Personality Inventory, What is this test?

A: It measures general mental ability and offers mental information about
someones capacity for analyzing and solving problems, abstract reasoning, and
ability tom learn.

Q: How about Marital Satisfaction Inventory?

A: The MSI assess the nature and extent of conflict within a marriage or
relationship. It is a multi-dimensional self-repost measure that separately identifies
the nature and extent of marital distress for each spouse along several key
dimensions in their relationship.

Q: How about 16 Personality Factors Test?

A: The test is composed of forced choice questions in which the respondent must
choose one of the different alternatives. Personality traits are then represented by
arrange and the individuals score falls somewhere on the continuum between the
highest and lowest extremes. It also measures core personality traits influencing
behavior.

Q How about the Enneagram Questionnaire, Emotions Profile Index?

Q: The Ennegram is a nine sided figure used in a particular system of analysis to
represent the spectrum of possible personality types. It is a personality test
designed to yield information about certain basic personality traits and conflicts in
a persons life.

Q: You also mentioned a clinical in depth interview with the petitioner and
collateral informants. What was the purpose of such?
A: It is a structured set of questions that aims to gather essential information
relating to the marital status of the parties involved and other data necessary to the
case study.

Q: How did the petitioner respond to the said test?

A: He answered the questions coherently and consistently. He accomplished all the
tasks assigned to him. He manifested alertness and correct personality orientation
which are indicative of normal intellectual functioning and absence of any
behavioral dysfunction.

Q: After conducting these tests, what did you do next, if any?

A: I prepared a Psychological Assessment Report on the results of the test and
interviews that I conducted with the petitioner.

Q: If this report would be shown to you, would you be able to identify the same?

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A: Yes, sir.

Q: Can you identify this document?

A: Yes, sir. This is the assessment report that I made for the case of petitioner.

Q: How can you be so certain that this is the same document?

A: I have affixed my signature in the report, sir.

Q: Now, do you affirm and confirm the truthfulness and veracity of all the
statements you stated in this document?

ATTY. CORPUZ: Your Honor, may it be put on record that the witness
identified and verified the assessment report previously marked as Exhibit M.

Q: Why is it essential for you to interview these collateral informants?

A: To gather data from the viewpoint of other persons who can provide
information regarding the relationship or marital life of the subject clients.

Q: What did you found out about the relations of the parties with each other?
A: A severe Partner Relational Adjustment Problem (PRAP) developed in their
marriage. However, their PRAP is just secondary to the problem or an offshoot of
the main problem- the existence of severe mental and personality disorder of the
respondent.

Q: What is Partner Relational Adjustment Problem (PRAP)

A: It simply means that they were unable to have a productive and significant
marital life.

Q: Now, What is your clinical finding about the petitioner?

A: There is no evidence to warrant a diagnosis of mental defects or psychological
disorder on the part of the petitioner.

Q: What is your clinical evaluation regarding the petitioners capacity to fulfil

marital obligations, if any?
A: He is capable of fulfilling his marital, familial, and occupational obligations
since there is nothing in his personality that could have negatively affected his
marriage.

Q: What are your bases, if any, in inferring such?

A: Based on the test given to him, cognitive faculties and perceptual keenness are
normal.
It is classified under the average level with majority of the faculties to be
functioning at par that includes his capacity to follow, associative flexibility, and
perceptual keenness.
As regards to socio emotional functioning, he is patient and level headed, he
also thinks critically and communicates effectively.
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 Overall no signs of mental deficiency psychological disorder are seen in the
results of the psychological assessment that he underwent. Thus, his mental and
psychological state during the assessment is valid and reliable.

Q: You were mentioning the main reason of their failed marital relations is the
respondents severe mental and personality disorder. What are your bases of
concluding as such, if any?
A: My clinical interview with the petitioner and the corroborative informants.

Q: How about your interview with the respondent?

A: I was not able to interview her, sir.

Q: Why?
A: She did not appear for the interview despite being previously notified thereof,
sir.

Q: You mentioned that you notified her, What proof can you show that you indeed
notified her?
A: I personally gave her the letter of request for assessment and she signed therein
and thereafter executed an affidavit of service, sir.

ATTY. CORPUZ: Your Honor, may it be put on record that the witness is
showing the affidavit of service previously marked as Exhibit Nand letter of
request for assessment dated January 10, 2017 previously marked as Exhibit N-
1.

Q: Can you identify this document marked as Exhibit N?

A: Yes, sir. This is the affidavit of service that I executed.

Q: How can you be so sure that this is the same document?

A: Because I have affixed my signature on the middle portion, sir.

Q: How about this document marked as Exhibit N-1, can you identify this
document?
A: Yes, sir. That is the letter of request for assessment I personally gave to the
Respondent.

Q: How can you be so certain that this is the same document?

A: Because I have affixed my signature sir.

Q: With respect to then entry below RECEIVED BY below your name and title,
whose signature is this?
A: That is the signature of the Respondent, sir.

ATTY. CORPUZ: Your Honor, may it be put on record that the witness
identified the signature of the respondent previously marked as Exhibit N-2.
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Q: What is the significance when the entry RECEIVED BY has been signed?
A: It means that she received that letter, sir, and in this case she personally
received my invitation.

Q: Going back, how were you able to arrive at that conclusion?

A: The conclusion is based on the pre-test and post-test clinical interviews
conducted, and from the results of the battery of psychological procedures that I
administered.

Q: Can you please briefly define what a personality disorder is?

A: A personality disorder is a severe disorder, usually mental or psychological in
nature, of attitude and character.
It is a deeply ingrained and maladaptive pattern of behavior of a specified
kind, typically manifest by the time one reaches adolescence and causing long-
term difficulties in personal relationships or in functioning in society.
The patterns develop early, are inflexible, and are associated with significant
distress or disability.

Q: Where are these personality disorders based from?

A: These are based from guidelines set forth by authorities in the field of
psychiatry and behavioral psychology worldwide, particularly the American
Psychiatric Association (APA), supplemented by WHO.
Such disorders are listed under the Diagnostic and Statistical Manual of
mental Disorders by APA, and International Statistical Classification of
Diseases and Related Health Problems by WHO.

Q: When do personality disorders start in an individual?

A: These disorders are developmental, meaning they usually begin in childhood
or early adolescence.
They become chronic and pervasive at early adulthood, and then persist
through life. The personality problem of a person develops due to his various social
and psychological exposures.

Q: In your assessment, what personality disorder did the respondent develop, if

any?
A: Based on my clinical findings, the respondent developed Narcissistic
Personality Disorder

Q: What is Narcissistic Personality Disorder?

A: It is a mental disorder in which people have an inflated sense of their own
importance, a deep need for admiration and a lack of empathy for others. But
behind this mask of ultra-confidence lies a fragile self-esteem that's vulnerable to
the slightest criticism.

Q: What are the common manifestations of NPD, if any?

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A: 1. One has a grandiose sense of self-importance; (e.g., exaggerates
achievements and talents, expects to be recognized as superior without
commensurate achievements)
2. Is preoccupied with fantasies of unlimited success, power, brilliance,
beauty, or ideal love;
3. Believes that he or she is special and unique and can only be understood
by, or should associate with, other special or high-status people; (or
institutions)
4. requires excessive admiration;
5. Has a very strong sense of entitlement, e.g., unreasonable expectations of
especially favorable treatment or automatic compliance with his or her
expectations;
6. is exploitative of others, e.g., takes advantage of others to achieve his or
her own ends;
7. Lacks empathy, e.g., is unwilling to recognize or identify with the feelings
and needs of others;
8. Trouble keeping healthy relationship.

Q: How were respondents NPD manifested in her marriage with the petitioner?
A: 1. she has a very strong sense of entitlement, e.g., unreasonable expectations
of especially favorable treatment or automatic compliance with his or her
expectations.
2. she lacks empathy, e.g., is unwilling to recognize or identify with the
feelings and needs of others;
3. Trouble keeping healthy relationship.

Q: What were the instances, if any, showing her strong sense of entitlement?
A: It was apparent when she became the breadwinner of the family, she thought of
herself as the one who should be given more attention and become the priority of
others since she is the one who is providing for the family; that she should make
decisions instead of petitioner.
The fact that she became the breadwinner of the family inflated her ego.

Q: How does she show lack of empathy?

A: She would go out to party with male friends and only to return the following
day.

Instead of taking care of her children and husband and showing love and
affection which is required of a loving and normal wife, she chooses to go out with
her friends especially her male friends.
The time she spends with her friends greatly affects the marital harmony of
the spouses as well as the care given to their children.
She also plays mah-jong all day leaving her children without proper care and
attention.

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 Playing mah-jong was no longer a past time but already form of addiction
and a bad habit since she plays all day long and after playing she would go out
with her friends to party.

Q: How did she have trouble keeping healthy relationship?

A: This was manifested when she committed adultery which act was discovered in
flagrante delicto.
During that time petitioner and his brother in law proceeded to Hyatt Hotel
and in one of the rooms of the hotel he saw Benjie Guevarra and Malyn.
He saw Benjie was wearing only a towel around his waist while Malyn was
lying in bed in her underwear.
The fact she is having an affair with another person is telling sign that she
cannot handle relationships since she turns into other person to be comforted rather
than confiding it with her husband.

Q: How does respondents personality disorder affect their mutual obligation to

observe mutual love, respect, fidelity and support?
A: It made her psychologically maligned and uncaring.
There is no mutual love, respect, fidelity, and support to speak of because
her personality structure made her unmindful and insensitive.

Q: How does respondent personality disorder affect her obligation to her children?
A: She was inherently insensitive to the childrens nurture.
She showed bad examples to the children which will be difficult for them to
depart.
The impact is severe.

Q: What is the nature of respondents personality disorder?

A: It is severe, deeply rooted and incurable.

Q: Why is her personality disorder deemed severe?

A: Severe because developmental in nature.
It is already an integral part of what defines an individual, NPD will always
disrupt all aspects of a persons interpersonal relationship.

Q: Why is her personality disorder deeply rooted?

A: They are deeply rooted because they start early in life and developmentally
ingrained in ones system.
A person personality is established becomes established by the time she
reaches 18.
By that time, the pattern of behavior will be so pervasive that it cannot be
easily modified. Such is true to the respondent.

Q: Why is it incurable or permanent?

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A: There are no known medications specifically to treat such personality disorder,
not even long term psychotherapy. People who have NPD have these chronic
conditions throughout their lifetime.

Q: When a person with NPD contracts marriage, what will happen to the marriage
of such person?
A: The marital consortium will be disturbed and unsuccessful, the way she will
deal with people is like the way she handled herself even prior to the marriage, that
is she will be apathetic or unable to perform which is deeply rooted, not merely
difficulty or refusal, of her marital roles.

Q: How would the respondents psychological incapacity affect the marriage of the
parties?
A: It caused her to be psychologically incapacitated to perform her essential
marital obligations, towards her husband and children.
She cannot, as clearly manifested, live together with her husband
productively and harmoniously; show true and mutual love, affection and support,
and render fidelity and respect to her husband.

Q: How would the respondents psychological incapacity affect the marriage of the
parties in the future?
A: It would only cause the petitioner and their children more suffering and pain.

Q: What is your conclusion about the marriage?

A: Their marriage no longer serves its purpose because they failed to develop a
fruitful and harmonious relationship and marital life.
Instead they developed a severe Partner Relational Adjustment Problem
that is attributed to the respondents incurable, deeply rooted, and grave personality
disorder.

Q: What is your recommendation as far as the petition for declaration of nullity of

marriage filed by the petitioner?
A: I strongly and conclusively recommend that the petition for declaration of
nullity of marriage filed by the petitioner be granted on the ground of
psychological incapacity of Malyn de Lara-his wife

Q: I have no more questions to ask madam witness.

--NO FURHER QUESTIONS--

This judicial affidavit is being executed to attest to the truthfulness and

veracity of the foregoing facts which are based on my own personal knowledge
and belief.

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 IN WITNESS WHEREOF, I have here unto affixed my signature this 10 th
day of February, 2017 in Laoag City.

DR. CRISTINA GATES

Affiant

SUBSCRIBE AND SWORN TO before me, this 10th day of February,

2017, in the City of Laoag, Ilocos Norte, Philippines, with the affiant exhibiting to
me his PRC License with Serial No. 123455 as proof of his identity; I further
certify that I have personally examined the affiant and I am satisfied that he
voluntarily executed the same and understood the contents thereof.

Doc. No. ____; LIMBERGE PAUL CORPUZ

Page No. ____; NOTARY PUBLIC
Book No. ____; Commission Serial No. 1234
Series of ____; Until December 31, 2018
Roll of Attorney 234234
IBP No. 12345/01.02.2014/I.N
PTR No. 12345/01.02.14/I.N
MCLE Compliance No. IV-
0012345/June 17, 2013

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 ATTESTATION

I, LIMBERGE PAUL G. CORPUZ, of legal age, Filipino citizen, after

having duly sworn to in accordance with law, do hereby depose and say:

1. That I am the counsel of record for the petitioner in the above-entitled

case;
2. That I personally conducted the foregoing judicial affidavit of the
petitioner;
3. That I hereby certify that I faithfully recorded the questions asked and the
answer of the witness;
4. That I likewise certify that neither I nor any person then present had
coached the witness regarding his answer in this judicial affidavit.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th

day of February 2017.

LIMBERGE PAUL G. CORPUZ

Counsel for Petitioner

SUBSCRIBED AND SWORN to before me, this 10th day of February

2017 in Laoag City, Ilocos Norte, affiant exhibited to me his Drivers License No.
1-12-34567 issued on September 10, 2016 in Laoag City.

APRILLE S. ALVIARNE
NOTARY PUBLIC UNTIL DEC 2017
ROLL No. 56789, 15 May 2012
IBP No. 12098/ 1-20-2012
PTR No. 7898505 1-3-2017 I.N.
MCLE Compliance No. X-00967, 1-6-2017
Batac City, Ilocos Norte (077)654
Doc. No. 02
Page No. 246
Book No. 100
Series of 2017.

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