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Republic of the Philippines

SUPREME COURT
TH
5 SHARI’AH DISTRICT COURT
1st Shari’ah Circuit Court
Cotabato City

HAFIZ MAKMOD IBRAHIM,


Petitioner,

- versus - SHCC CIVIL CASE NO.: 2024-1999

BAI NASA AYUNAN, FOR: PETITION FOR DIVORCE


Philippine Statistics Authority, BY TALAQ under Art. 46
1st Shariah Circuit Court, Sultan Kudarat, of P.D.1083
Maguindanao del Norte,
Respondent.

JUDICIAL AFFIDAVIT
OF WITNESS

PRELIMINARY STATEMENT

I, ASHMAWI CALIS KALI, Filipino, of legal age, with address at Cotabato


City, after having been sworn in accordance with law, hereby execute this
Judicial Affidavit, in Question and Answer form, and hereby answer the
following questions below in support of the claims and allegations of
Petitioner, in Shari’ah Circuit Court Case No. 2024-1999 for Petition for
Divorce by Talaq pending before 1st Shari’ah Circuit Court, Cotabato City.
Consciously knowing that I am under oath, and with understanding that I
may face criminal liability for false testimony or perjury, I hereby answer
the following questions from Attorney Warda Santiago with office address
at Door 1, 2nd Floor, Campomanes Building, Quezon Avenue, Cotabato City
9600, who conducted this examination in her office.
OFFER OF TESTIMONY

The following testimony of affiant ASHMAWI CALIS KALI is being


offered to prove the following:

a. That the Petitioner and the Respondent have been living separately
since November 5, 2023;

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b. That on April 30, 2024 the husband pronounced his Talaq, by filing a
Written Notice with the Clerk of Court of the 1 st Shari’ah Circuit Court
of Cotabato City where the petitioner resides, and a copy is furnished
to the concerned wife, as required by P.D. 1083.

c. That irreconcilable differences between them could be reasonably


inferred are as follows:

a. The respondent’s constant nagging and emotional instability,


psychological or otherwise, showed up that paved the
petitioner to give up on their marriage so as not to aggravate
further the situation; and

b. That respondent began hurting the petitioner physically and


emotionally when she went to the petitioner’s workplace at
Police Station 4 Cotabato City and made a scene by punching
him. This was duly witnessed by his co-workers.

d. Other matters in relation thereto.

JUDICIAL AFFIDAVIT PROPER

1. Q: Do you swear to tell the truth and nothing but the truth?

A: Yes, I do.

2. Q: Are you aware that you may face criminal liability for false
testimony of perjury if you will not tell the truth?

A: Yes, I am.

3. Q: Please state your name, age and other personal circumstances.

A: I am ASHMAWI CALIS KALI, of legal age, and with address at


Cotabato City.

4. Q: Where are you currently working and for what position?

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A: I am working as Patrolman of the Philippine National Police
and presently assigned at Police Station 4 Cotabato City.

5. Why are you present here today?

A: I am here today to execute my Judicial Affidavit in relation to


the Petition for Divorce by Talaq filed by Hafiz Makmod Ibrahim.

6. Q: Do you the know the Petitioner in the instant case?

A: Yes, Maám.

7. Q: How do you know the Petitioner?

A: He is my colleague in PNP.

8. Do you know the Respondent in the instant case?

A: Yes, Maám.

9. Q: How do you know the Respondent?

A: She is the wife of my colleague, Hafiz Makmod Ibrahim.

10. Q: What do you know about the present relationship of the


Petitioner and the Respondent, if any?

A: They have been living separately from each other since


November 5, 2023.

11. Q: How did you know that the Petitioner and the Respondent
have been living separately since November 5, 2023?

A: Patrolman Ibrahim told me during our interactions and


conversations.

12. Q: What was the reason, if you know, why the Petitioner has been
living separately from the Respondent?
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A: Because the Petitioner could no longer bear the attitude of the
Respondent.

13. Q: What did the Petitioner told you about his sentiments?

A: Petitioner told me that he her wife is constantly nagging at him


both in person and thru the use of the cellular phones.

14. Q: What else did the Petitioner tell you, if any?

A: That the Respondent is threatening him and told us the


contents of the messages exchanged between the two which the
Petitioner had saved in his cellphone.

15. Which of these allegations were confirmed by the Petitioner?

A: The Petitioner confirmed both of these allegations.

16. Q: How was the relationship of the Petitioner and the


Respondent?

A: It got worse.

17. Q: How did it become worse?

A: I have observed a palpable change in Patrolman Ibrahim’s


behavior and demeanor since he shared this information with me,
specifically noticing his heightened anxiety and distress, often
seeming preoccupied and on edge during our duties together.

18. Q: For what purpose are you executing this Judicial Affidavit?

A: I am executing this statement as part of my testimony in the


above entitled case.

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19. Q: Mr. Witness, is there anything else you wish to add?

A: None, Ma’am

IN WITNESS WHEREOF, I have hereunto affixed my signature this


May 10, 2024 at Cotabato City, Philippines.

ASHMAWI CALIS KALI


Affiant

SUBSCRIBED AND SWORN to before me this May 10, 2024 at


Cotabato City, Philippines. I have identified affiant through his PNP ID –
22C1800199 issued by the Philippine National Police on March 18, 2022
bearing his photograph and signature.

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2024.

ATTESTATION

I, Atty. Warda Y. Santiago, of legal age, Filipino, and with office


address at Door 1, 2nd Floor, Campomanes Building, Quezon Avenue,
Cotabato City 9600, under oath and state that:

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1. I conducted the examination of witness, ASHMAWI CALIS KALI,
on May 10, 2024, in connection with the above-captioned case.

2. I faithfully recorded or caused to be recorded the questions that


I asked and the answers that the witness gave as stated in his
judicial affidavit.

3. Neither I nor any other person present or assisting the witness


coached him regarding his answer stated in his Judicial Affidavit.

Atty. Warda Y. Santiago, MPA


Affiant

SUBSCRIBED AND SWORN to before me this May 10, 2024 at


Cotabato City, Philippines, affiant personally appeared and exhibited to me
her Integrated Bar of the Philippines Identification Card with I.D. No. 87359
and bearing her photograph and signature.

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2024.

Copy furnished:

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