SAINT LOUIS UNIVERSITY

SCHOOL OF LAW MOOT COURT (TEAM JUSTICE PARAS) BAGUIO CITY

IN THE MATTER OF THE PETITION FOR CUSTODY OF MINOR CHILD HALIMUYAK PAMULAKLAKIN MAYUMI PAMULAKLAKIN Petitioner, -versusSIMPLICIO PAMULAKLAKIN Respondent. Spec. Proc. No. CBN191522 Petition for Writ of Habeas Corpus in Relation to Custody of Minor Child

JUDICIAL AFFIDAVIT OF DR. MALOU REYES

This Judicial Affidavit of Halimuyak Pamulaklakin is taken by Atty. Charise P. Mamaril in a question-answer format at Rm. 203, BBCCC Gen. Luna Rd., Baguio City where the examination of the witness took place. 1. Q: What is your name? A: Philip Rivera, Maam. 2. Q: How old are you: A: 50 years old, Maam. 3. Q: Where are you currently residing? A: #25 Aurora Hill, Baguio City Maam. 4. Q: Are single or married? A: Married to Kenditot Rivera, Maam. 5. Q: What is your occupation? A: Im a clinical psychologist at Baguio General Hospital Maam. 6. Q: Do you know why you are here in this office today? A: Yes, Maam. 7. Q: Can you explain briefly why you are here today? A: I am here today to execute my judicial affidavit which will be in a question and answer format, that you as petitioners lawyer will ask certain question and in return I will give my answer. That in giving my answer, I assure you that I am fully aware and conscious that they are given under oath and I am also completely aware that I may face criminal liability for false testimony or perjury, that my answers to the questions shall be based on my personal knowledge; that I shall identify or

authenticate the documents which I have personal knowledge and are material to my testimony. 8. Q: Why do you know all of these? A: I was briefed by your co-lawyer Atty. Jasper June Llanillo about the judicial affidavit rule and in fact has given me opportunity to read the same. 9. Q: on that note, do you swear to tell the truth, nothing but the truth in this examination? A: I do. 10. Q: do you know the petitioner? A: Yes, Maam. 11. Q: How did you know her? A: I came know to her when she went to the hospital with a child named Halimuyak for psychological examination of the child because of the alleged psychological abuse that the child is suffering, Maam. 12. Q: What proceedings or processes have you undertaken with them? A: I first interviewed the petitioner as to what she wanted to consult with me. 13. Q: And what did the petitioner answer you? A: She told me that she wanted her child undergo psychological examination in order to ascertain the veracity of the confession of Halimuyak as to the psychological trauma she suffers. 14. Q: What did you do next? A: I conducted a psychological interview with the child and explained to her why I am doing such process to her. 15. Q:How did you go about this process? A: I asked her a series of questions that will lead me to the determination of whether or not the child actually suffers from psychological trauma. 16. Q:what were these questions? A: First I tried to determine the presence of physical symptoms of psychological trauma. These include agitation, insomnia or nightmare and the lack of concentration. 17. Q: And what did you find out? A: I found that the child was agitated during the course of the interview, especially whenever I ask questions about her father. The child also related that she often has nightmares of her father hitting her with his belt. And the interview I conducted was quite lengthy because the child often lost her concentration so I had to engage her in several conversations just to take her back on out primary topic which is the abuse she suffers from her father. 18. Q: And after determining physical symptoms, what about the psychological symptoms of trauma, were they present as well? A: Yes, Maam. There are several psychological signs of trauma. These include anger, feeling of sadness or hopelessness, confusion, fear, a withdrawal from others and a feeling of disconnection from others. 19. Q: How were you able to determine that these symptoms were present?

A: First I have an easy conversation with her. I asked her how old she was, where she goes to school, I also asked about her friends, family and the things she like to buy or the food she likes to eat. During the span of this initial conversation, it is very apparent that the child has very little energy. Usually when these things are brought up with a child, the child is dynamic and expresses herself with much enthusiasm. For Halimuyak however, her voice was soft, she rarely smiled and when she does, it was somehow forced or insincere. I also asked her how she was in school and how she was with her playmate, she hesitated to answer. She didnt give any name of friends or classmates for that matter. She did not also answer my question as to who her teacher was. She just gave random answers such as she has playmates and she goes to school. This is a sign that the child either has no friends as a fact or has friends but hesitates as to whether or not to consider them as such because of the alienation she feels towards them. As to when I asked questions regarding her relationship with her father. She didnt answer. During these situations of trauma or depression, it is best not to ask the patient direct questions. Especially that a child is involved, questions should be indirect so as not to trigger any sudden impulses or emotions. She didnt answer my questions. Until she finally jested, and told me that she loved her father but that she was afraid of her. So I asked further why this was so, the child explained that she was afraid that she would feel pain whenever her father comes home drunk. She was also afraid of being hit whenever she did something wrong. She said she always cried and that she didnt want to cry anymore. These are all signs of trauma maam. 20. Q:Did you ask her further questions? A: No more, maam. To ask her further would stress her further. Ive observed and heard enough. It is unnecessary to prolong her in that situation. 21. Q: after the interview, what is your conclusion as to the status of the child? A: I have concluded maam that she suffers emotional and psychological trauma. 22. Q: What is emotional or psychological trauma? A: Emotional and psychological trauma is the result of extraordinarily stressful events that shatter a persons sense of security, making such person feel helpless and vulnerable in a dangerous world. Traumatic experiences often involve a threat to life or safety, but any situation that leaves you overwhelmed and alone can be traumatic, even if it doesnt involve physical harm. The more frightened and helpless you feel, the more likely you are to be traumatized. And in this case, considering the childs tender age, the likelihood of her feeling of helplessness and hence trauma is greater. 23. Q: what is the effect of this trauma upon the child? A: Experiencing trauma in childhood can have a severe and long lasting effect. Children who have been traumatized see the world as a frightening and and dangerous place. When childhood trauma is not resolved, this fundamental sense of fear and helplessness carries over to adulthood, setting stage for further trauma. 24. Q: After hearing all these things from the child, what did you do? A: I told to the petitioner the result of the psychological examination and the cause of it. I also relayed to the mother the conversation I had with the child. 25. Q: I will show something to you and please tell it to me if you can identify the same. A: Yes, Maam.

(the counsel showed to the psychologist a document and handed the same to her for identification) 26. Q: After taking a look at the document, can you tell to me what is it? A: It is the result of the psychological examination I had conducted with the child named Halimuyak.

27. Q: Whose signature is this which appears above the written name? A: Thats my signature, Maam. I have no other questions to ask of you. That would be all. WITNESS MY HAND this 29thday of November at Baguio City, Philippines. Dr. Philip Rivera

SUBSCRIBED AND SWORN to before me this day of 29th day of November 2012 in the City of Baguio, Affiant appeared before me and exhibited SSS Id No. 700977 and signed the foregoing judicial affidavit IN MY PRESENCE and avowed under penalty of law the whole truth of the contents of the judicial affidavit.

CHARISE P. MAMARIL Notary Public Roll No. 123456 PTR No. 789101; 12-31-13; BC IBP Lifetime No. 654321 MCLE Compliance No. 31313131 Doc. No. Page No. Book No. Series of 2012

REPUBLIC OF THE PHILIPPINES) IN THE CITY OF BAGUIO )S.S. x-----------------------------------------------x

LAWYERS ATTESTATION I, Charise P. Mamaril, the counsel of record of DR. PHILIP RIVERA under oath declare that: 1. I personally conducted the examination of Dr. Philip Rivera in a question and answer format; 2. The questions propounded and answer given in the foregoing judicial affidavit are faithfully recorded as they now therein and that the corresponding answers to the questions were duly given by the affiant Dr.Philip Rivera; that I nor any person has assisted, helped, coached the affiant in giving her answers to the questions; 3. I am fully aware of the consequences of giving false attestation. SUBSCRIBED AND SWORN TO before me this 29th day of November 2012 in the City of Baguio, Philippines.

CHARISE P. MAMARIL Notary Public Roll No. 123456 PTR No. 789101; 12-31-13; BC IBP Lifetime No. 654321 MCLE Compliance No. 31313131 Doc. No. Page No. Book No. Series of 2012