NATHANIEL GERALDINO BUENAFE vs. ROSARIO SABANAL-BUENAFE SP. PROC. NO. 15984 HON. JAIME A. LAO, JR.

RTC- LAOAG CITY, BRANCH 11

JUDICIAL AFFIDAVIT OF PETITIONER NATHANIEL GERALDINO BUENAFE

I, Nathaniel Geraldino Buenafe, Filipino, of legal age, married, a doctor and living at San Francisco, San Nicolas, Ilocos Norte, petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT The person examining me is Atty. ___________________ with address at Pacific Bldg., Bonifacio St., Laoag City. The examination is being held at the same address. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

1. Q. Please state your name and other personal circumstances for the record. A. I am Nathaniel Geraldino Buenafe, of legal age, Filipino, married and a resident of San Francisco, San Nicolas, Ilocos Norte. 2. Q. Are you the same Nathaniel Geraldino Buenafe, the petitioner in this case? A. Yes maam. Q. Do you know a certain Rosario Sabanal? A. Yes maam. She is my wife. Q. Do you have proof of your marriage with Rosario Sabanal? A. Yes maam, I have a marriage contract (Exhibit B).

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5. Q. Do you have children with her? A. None maam. 6. Q. Are you still living with Rosario Sabanal? A. Not anymore maam since her disappearance. 7. Q. When did Rosario disappear? A. February 17, 2006. 8. Q. What is the reason of her disappearance? A. It could be the massive mudslide from Mt. Kan-Abag that buried the village of Guinsaugon, Saint Bernard, Southern Leyte on February 17, 2006. 9. Q. What makes you say she disappeared there? A. Because on that day she was attending the Womens Convention in the town auditorium of Guinsaugon, Saint Bernard, Southern Leyte.

10. Q. Did you try to locate your wife after the said disaster? A. Yes maam. 11. Q. Were you able to locate her? A. No maam. 12. Q. If her body was not found, is it possible that she was not there during that fateful day? A. She was a speaker on that occasion maam and I cant find any reason why she could have not attended the convention. Also, many bodies were buried in the mud and swept by the raging water and from that day up to now many residents of Guinsaugon were still missing. 13. Q. You are saying that she could have been buried or her body swept by the raging water? A. Yes maam. 14. Q. How was the status of your marriage with Rosario before her disappearance? A. We are living peacefully and were happy with each other. 15. Q. Is there a possibility that she could have not been in Guinsaugon on February 17, 2006 for the reason that she run away? A. None maam. I dont know any reason why she should run away. Shes always been happy and a vibrant partner. 16. Q. How long did you search for her after the February 17, 2007 tragedy? A. For two months after the disaster before I decided to leave St. Bernard and came back to San Nicolas. 17. Q. Is that the only occasion that you searched for her? A. No maam. Every year I visit Guinsaugon hoping to find her. 18. Q. In your visits to Guisaugon, how do you conduct your search for Rosario? A. I ask our friends and her relatives if they have news about Rosario. 19. Q. What do they tell you? A. They never heard about her since February 17, 2006 maam. 20. Q. Do you have common properties with Rosario Sabanal? A. None maam. 21. Q. Do you and the respondent have common creditors? A. None maam. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of April 2010 at Laoag City.

NATHANIEL GERALDINO BUENAFE Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Laoag City/Ilocos Norte this 26th day of April 2010. Affiant personally came and appeared with SSS NO. 678910 issued on March 3, 1999 at Laoag City, bearing 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. ATTY. __________________________ Notary Public for Laoag City/Ilocos Norte 2/F Pacific Bldg., Bonifacio St., Laoag City Commission Serial No. 20202 Until December 31, 2010 Attorneys Roll No. 10101 IBP No. 12345-01/03/10 Laoag City PTR No. 98765-01/03/10 Laoag City MCLE Compliance No. I-0008776 Oct. 21, 2009 Doc. No. 721 Page no. 76 Book no. 12 Series of 2010

ATTESTATION

I, Mona Liza Antonio, of legal age, Filipino, with postal address 2/F Pacific Bldg., Bonifacio St., Laoag City after being duly sworn depose and say: 1. I was the one who conducted the examination of witness Nathaniel Geraldino Buenafe at my aforementioned office in Laoag City; 2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; 3. I nor any other person then present or assisting him coached the witness regarding his answers; IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of April 2010 at Laoag City.

ATTY. ________________________ Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Laoag City/Ilocos Norte this 26th day of April 2010. Affiant personally came and appeared with DRIVERS LICENSE NO. A04-07-000897 issued on APRIL 05, 2008 at Laoag City, bearing her 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.

ATTY. _______________________ Notary Public for Laoag City/Ilocos Norte #25 P. Gomez St., Laoag City Commission Serial No. 126543 Until December 31, 2010 Attorneys Roll No. 10101 IBP No. 12345-01/03/10 Laoag City PTR No. 98765-01/03/10 Laoag City MCLE Compliance No. I-0008456 Oct. 21, 2009 Doc. No. 743 Page no. 80 Book no. 11 Series of 2010