Complaint for Adultery Joey Costan Basigsig

Republic of the Philippines Department of Justice PROVINCIAL PROSECUTION OFFICE PROVINCE OF RIZAL JOEY COSTAN BASIGSIG Complainant,

-versus-

I.S. No. ________________ For: Adultery

ROBIELYN SANTOS BASIGSIG and NILO MARZOL, JR. Respondents. x--------------------------------------------x

COMPLAINT – AFFIDAVIT COMPLAINANT , by the undersigned counsel and unto this Honorable Prosecution Office, most respectfully submits this Complaint-Affidavit and in support thereof, hereby states that:

1.

This complaint-affidavit complaint-affidavit is being filed on behalf of Complainant JOEY COSTAN BASIGSIG, Filipino, of legal, married and a resident of 2C 519 Thailand Street, Ligtong 3, Rosario, Cavite. Complainant may be served with the orders, summons and other legal processes of this Honorable Office thru the undersigned counsel, with office address at #20 GSIS Road, Barangay Rosario, Pasig City;

2.

This complaint-affidavit complaint -affidavit is being filed to charge above-named respondents ROBIELYN SANTOS BASIGSIG, Filipino, of legal age, married, and NOLI MARZOL, JR.,  Filipino, of legal age, and both are residing at Block 22 Lot 6 Phase 1 Eastwood Greenview Subd., Brgy. San Isidro Rodriguez, Rizal, of ADULTERY under Article 333 of the Revised Penal Code, committed as follows: 2.1.

Sometime in 2005, Complainant and Respondent Robielyn met through yahoo chat messenger. At that time, Respondent Robielyn was a 2nd  year nursing at one of the schools in Quezon City. After awhile of constant communication with each other, they become close and became friends;

Complaint –  Affidavit Joey Costan Basigsig, Complainant Robielyn S. Basigsig and Nilo Marzol, Jr., Respondents; For: Adultery

2.2.

Respondent Robielyn has two children from prior relationships and before the Complainant married her in 2010;

2.3.

In the November 2010, Complainant and Respondent Robielyn got married in a simple ceremony before a judge. Herein attached as Annex “A” copy of the Certificate of Marriage and form an in tegral part hereof;

2.3.

Complainant and Respondent Robielyn lived together as husband and wife together with the latter’s children. Complainant made a promise that he will treat Respondent’s children as his own;

2.4.

In 2011, Complainant left for Korea to work there as an Overseas Filipino Worker (OFW). He and Respondent Robielyn have talked about plans that after two or three years when he has saved enough money they will get have a church wedding. Respondent also suggested that she wants to continue her studies so that she will not get bored at home;

2.5.

Several years have passed, Complainant have heard so many rumors that Respondent Robielyn have had relationships with men while Complainant was working overseas. When Complainant came bank here in the Philippines he noticed that the personality of Respondent Robielyn had changed. She is always irritable and bad words always come out of her mouth;

2.6.

Complainant also noticed that on several occasions, men riding motorcycles would passby their house during night time and Respondent would immediate peek through the screen door of their house;

2.7.

Sometime in February 2014, Respondent sent a message to Complainant saying that she wants to separate from the Complainant. Respondent said that is not happy with the Complainant anymore and that she wants to work abroad. The only reason she gave to the Complainant is that she wants to be alone for the meantime;

2.8.

Complainant and Respondent finally separated. Complainant was able to talk t o their former “kasambahay” Anne and the latter

Complaint –  Affidavit Joey Costan Basigsig, Complainant Robielyn S. Basigsig and Nilo Marzol, Jr., Respondents; For: Adultery

confirmed that indeed Respondent has had several relationships with several men. One of these men is Respondent Nilo Marzal Jr. Anne also told Complainant that Respondent Nilo would sleep in their house for several days. There was also a time when Complainant and Respondent Robielyn were video chatting, Respondent Nilo would be present in their house; 2.9.

After Complainant returned to Korea, he opened his facebook account and saw photos that Respondents Robielyn and Nilo were together and it cannot be denied that they a have an intimate relationship. Here attached as Annexes “_________” are photos of Respondents together with the daughter of Respondent Robielyn,

3.

In view of the acts of Respondents Robielyn and Nilo, Complainant is filing a complaint for Adultery under Article 333 of the Revised Penal Code.” 

4.

Article 333 of the Revised Penal Code state that: “Article 333. Who are guilty of adultery. - Adultery is committed by any married woman who shall have intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.” 

5.

The element of adultery consists of the following: a. b. c.

that the woman is married ; that she has sexual intercourse with a man not her husband ; that as regards the man with whom she has sexual intercourse, he must know her to be married ;

6.

From the foregoing, it is clear the Respondents Robielyn and Nilo have committed the crime of Adultery punishable under Article 333 of the Revised Penal Code;

7.

It is undeniable that Respondent Robielyn is married to the Complainant as evidenced by herein attached Certificate of Marriage;

8.

From the testimony of the their former “kasambahay” Anne, Respondent Nilo would, in several occasions, stay their house and often

Complaint –  Affidavit Joey Costan Basigsig, Complainant Robielyn S. Basigsig and Nilo Marzol, Jr., Respondents; For: Adultery

would sleep together with Respondent Robielyn for several days. Such circumstance is an indication that the Respondents have sexual intercourse. At present, Respondents are living together in one house with address at Block 22 Lot 6 Phase 1 Eastwood Greenview Subd., Brgy. San Isidro Rodriguez, Rizal; 9.

Lastly, Respondent Nilo knows that Respondent Robielyn is married to the Complainant.

10.

Complainant is executing this Complaint-Affidavit to attest to the truth of the foregoing facts and for the purpose of filing a Criminal Complaint for Adultery against Robielyn Santos Basigsig and Nilo Marzol, Jr.

IN WITNESS WHEREOF, I have hereunto affixed my signature and for and in behalf of the Complainant JOEY COSTAN BASIGSIG this 11 th  day of January , 2016 at Pasig City.

MARK DAVID I. AQUINO Counsel for the Complainant