Thursday, May 26, 2016

VAWC Complaint (sample)

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.


Cavite City, Philippines, April 13, 2016

__________________
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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