Sample Complaint Affidavit for Violation of RA 9262

Criminal Case Case by GUAIMALIA Page 1 of 5

Republic of the Philippines Department of Justice CITY PROSECUTION OFFICE ________________

GUIAMALIA KENENGKO Complainant , -versusBEDO SINUMPAY Respondent.

Docket No: _________ For: Violation of R.A 9262 Violence Against Women and their Children

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

COMPLAINT – AFFIDAVIT I, GUIAMALIA KENENGKO, of legal age, Filipino, married to the respondent, and a resident of #3 Notre Dame Avenue, Cotabato City, after having been duly sworn in accordance with law, hereby depose and state: 1. I am and the same person who is the complainant in the instant case; 2. I know the person of BEDO, being my husband and who is currently in active service in the XXXXXXXXX– Bacolod City, where he may be served with Office summons, notices and processes; 3. That we were married on February 10, 2006 at Regional Trial Court – Branch 13 before the sala of Hon.

Judge

XXXXXXX.

The

copy

of

marriage

certificate is hereto attached as Annex “A”; 4. That out of lawful marriage, we begot two(2) children. The first child is XXXXXXXXXXXXXX who was born on June 2, 2006 and our second child XXXXXXXXXXXXXXX was born on February 25, 2009. Our daughter Gianna is Nine (9) years old while our son Corvin is six (6) years old. Copies of their

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Certificates of Live Birth are hereto attached and marked as Annexes “B” and “C” respectively; 5. That in the beginning of our marriage, we lived harmoniously as husband and wife and parents to our children until later part that the my husband had shown

and

displayed

irrational

behaviour

not

expected from a mature and a responsible husband and father to our children; 6. That while he was in Armed Forces of the Philippines assigned at Camp Bonifacio, Taguig City, he used to regularly go home and visit us; 7. That when he transferred his service to the PNP starting on March 2011, he did not go home already and spare sometime to visit us, worst is he did not even send support to us; 8. That I have sent letter addressed to the former PNP Chief PDG Alan Purisima requesting for sub-allotment of allowances intended for our two (2) children, copy of which is hereto attached as Annex “D”; 9. We both ended up in entering into a Memorandum of Agreement which executed on September 16, 2013 at Manila, Philippines with a stipulation that my husband shall give a total amount of Five Thousand (P5,000.00)

Pesos

per

month

divided

as

Two

Thousand Five Hundred (P 2,500,00) for every child and additional Two Thousand (P 2,000.00) Pesos for children’s education, copy of the said Memorandum of Agreement is hereto attached and marked as Annex “E”; 10.

Despite this agreement, my husband continuously

failed to comply to his undertakings because he failed to give the amount agreed upon as a support;

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11. I was constrained to seek legal assistance from the Public Attorney’s Office – XXXXXXXXXXXXXX which immediately assisted me by preparing and sending a Demand Letter requesting that the amount Seven Thousand (P 7,000.00) Pesos shall be directly deducted from the net pay of my husband and the amount be sent to me in a form of a check. The same request is not yet acted upon until this very moment, copy of the said letter is hereto attached and marked as Annex “F”; 12. That his act of continuous failure to give support since the year 2011 tantamount to economic abuse which is defined under R.A 9262 or Violence Against Women and their Children as: "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1.

Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; xxxxxxxxx.”

13.

I have been hearing rumors that my husband

has been romantically engaged and cohabiting with another woman in Bacolod. Because of this, I did an effort to confirm the said rumors. Until I found out, to my surprised, that he is already married with another woman in the name of Mary Faith B. Dizon on August 24, 2011, copy of their Certificate of Marriage is hereto attached as Annex “G’;

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14. That although the respondent is legally married to the

complainant

and

the

marriage

is

legally

subsisting, he contracted subsequent marriage which is a violation of Article 349 of the Revised Penal Code,pertinent

provision

of

the

law

is

quoted

hereunder, to wit: Article 349. The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. 15. That this act of marrying another woman and cohabiting with several women caused substantial and emotional distress to me and our children which is violation of paragraph (h) Section 5 of R.A 9262; 16. Moreover, we suffer and continuously suffering of mental and emotional anguish, public ridicule and humiliation when he had contracted subsequent marriage and denial of financial support to our children which is a violation of paragraph (i) Section 5 of R.A 9262; 17. That this act of my husband is a gross misconduct which tarnishes the reputation of Philippine National Police; 18. That because of this criminal act and gross misconduct, my husband deserves to suffer from consequences of his act and be discharged from service so as not to allow a person like him to tarnish the image of the entire PNP and shall serve as an

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example that similar acts cannot be done by other members of the PNP; 19. That this criminal complaint is without prejudice of filing a separate criminal complaint for bigamy; and 20. That I cause the preparation of this affidavit to support my complaint. IN WITNESS WHEREOF, I have hereunto set my hand this

____________________

at

____________,

Philippines.

GUIAMALIA KENENGKO Complainant-Affiant

SUBSCRIBED AND SWORN to before me this _______ day of September 2015. _____________________ City Prosecutor