Republic of the Philippines
Fourth Judicial Region
Regional Trial
Court
Branch XVI
Cavite City
MICHELLE
A. VALE CRUZ
Complainant,
-
versus -
Complaint for: Violation of R.A 9262
Violence Against Women and their
Children
LANZ
AIDAN L. OLIVES
Respondent.
x-------------------------------x
COMPLAINT –
AFFIDAVIT
I,
MICHELLE A. VALE CRUZ, single, of legal age, Filipino, with residence at 518
Advincula St., San Antonio, Cavite City, after having been duly sworn in
accordance with law, hereby depose and state: THAT
1.
I
am the same person who is the complainant in the instant case;
2.
The
respondent and I were college sweethearts for more than three years.
3.
On
March 28, 2010, our third anniversary and right after our graduation, we both
decided to live together in the house which his parents bought for him located
at 417 Salazar St., San Antonio, Cavite City.
4.
After
being live-in partners for more than five years, we were blessed with two
wonderful kids, Lance Alden V.C Olives aged 4, and Mish Aveline V.C Olives aged
2.
5.
The
first five years of our common-law relationship have been harmonious. He was a
great provider for his family. He showed nothing but being a loving and caring
man.
6.
However,
things changed starting July 29, 2015, when he was terminated from the firm
where he was working. Since then, he became jobless and depressed.
7.
Weeks
after he was terminated, he persistently looked for jobs but to no avail. All
other firms and companies where he applied rejected him. Because of this, he
became frustrated. He easily gets mad to me and our children.
8.
On
September 18, 2015, after he went from a job interview, I talked to him and
told him that the electricity bills and telephone bills are already due. He
responded violently and said, “Putang ina. Bayarin na naman?! Hindi na natapos
ang mga babayaran na ‘yan!” His response shocked me because I have never heard
my common-law husband cursed like that. Knowing him since college, I know that
he does not curse not use bad words especially in front of our children.
9.
On
September 20, 2015, around 10:00 p.m, he arrived home drunk. I offered him
dinner. However, when he found out that our food was only fish and vegetables,
he was enraged. He said, “Gulay?! Gulay lang ang ipapakain mo sa ‘kin? Anak ng
puta! Paano naman ako magkakaroon ng gana maghanap ng trabaho niyan kung hindi
mo ‘ko pakakainin nang maayos? Wala kang silbi!” After he uttered those words,
he threw the plates and the food in my face. He even poured the glass of water
on my face.
10.
On September 22, 2015, I went to my mother’s
house and asked for money for the payment of electricity bills. After such, I
paid our bills and went home. When my husband arrived home, I informed him that
I was able to pay the bills by borrowing money from my mother. This angered him
again. In front of our kids, he grabbed my arm and pressed my face and told me,
“Pinapamukha mo ba sa aking wala akong kwentang ama?! Putang ina kang babae
ka!” He proceeded to hit me in the face causing me to lose my consciousness.
11.
With our savings gradually deteriorating and
my husband still jobless, I decided to apply for work. I informed my husband of
my plan but he was silent about it.
12.
On
October 25, 2015, I informed him that I got accepted as a call center agent in
Teleperformance Mall of Asia and was about to start my training the next week.
Ever since, he stopped looking for jobs and stayed home.
13.
November 2, 2015, I started my job as a call
center agent. My shift was from 2:00pm to 10:00pm. When I arrived home from
work, I found him drinking with his college friends in our garden. He then
approached me and punched me in the stomach, in front of his friends and our
children. He proceeded in accusing me that I have a paramour. I remember him
saying, “Ikaw hayup ka. Napakalandi mo talagang babae ka. Gabing-gabi na ngayon
ka lang umuwi. Sino’ng lalake mo, tang ina ka?!” His college friends and our
children tried to stop him but he even pushed our son away causing Lance to
fall and sustain minor injuries. I was then rushed to the nearest clinic to
treat my wounds and contusions.
14.
On November 15, 2015, my birthday, I went to
my mother and confessed to her what the respondent has been doing to me.
Unknowingly, my mother talked to respondent about it. When I went home that
night, the respondent pulled my hair and pressed my face against the wall. He
said, “Hayup ka! Magsusumbong ka pa sa nanay mo?”
15.
On November 20, 2015, right after my shift, I
arrived home early and noticed some bruises to my son’s legs. I asked him how
he sustained them. My son started crying. I asked him who did that to him and
he said, “Si Papa po” while crying.
16.
Since I could not bear his hitting anymore, I
decided to move to my mother’s place together with my children.
17.
The acts aforementioned are violative of
Republic Act No. 9262 or Anti-Violence Against Women and Their Children Act of
2004 which provides that
"Violence against women and their
children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common
child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:
A.
"Physical
Violence" refers to acts that include bodily or physical harm;
PRAYER
WHEREFORE, premises considered, it is
most respectfully prayed of this Honorable Court that after due notice and
hearing, judgment be rendered in favor of Complainant:
1.
For
the issuance of temporary protection order from respondent;
2.
For
the payment of support to his children
3.
Other
reliefs just and equitable under the premises are likewise prayed for.
Cavite City, Philippines, April 13,
2016.
_____________________________
Affiant
Assisted by:
ATTY. GRACE
MARIELLE CRUZ
Counsel for
Plaintiff
Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Cavite City
VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING
Republic
of the Philippines
(City
of Cavite ) S.S.
I, MICHELLE A. VALE CRUZ, of legal age,
after having been duly sworn in accordance with law, depose and state that:
1.
I am a complainant in the above-stated case;
2.
I caused the preparation of the foregoing complaint;
3.
I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents and
records in my possession;
4.
I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5.
To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6.
If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.
__________________
Michelle A. Vale Cruz
SUBSCRIBED
AND SWORN TO before me this April 13, 2016 in Cavite, Philippines the following
affiant exhibiting to me her Passport No. 158157 issued at DFA Manila being
sufficient and competent evidence of her identity in pursuant to the 2004 Rules
of Notarial Practice.
Doc.
No.___________; Kayelyn
Lat
Page
No.___________; NOTARY
PUBLIC for Cavite
Book
No.__________; Commission
Serial No.______
Series
of 2016. Until
December 31, 2016
Roll
of Attorney_______
IBP No.________
PTR No._______
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