Republic of the Philippines

Department of Justice
CITY PROSECUTION OFFICE
Ormoc City
JIJI BADAJOS y Tualla,
Complainant,

NPS Docket no. VIII-04INV-16B-00060

- versus
KEVIN HERMOSO SUMALJAG,

For: VIOL. OF SEC. 5(c)

(2) of R.A 9262

Respondent
x--------------------------x
Summary: Judicial Affidavit of Jiji T. Badajos

Jiji Badajos is Filipino citizen, of legal age, single and a

resident of Fatima Heights, Cogon, Ormoc City.
Badajos alleged that she and Kevin Hermoso Sumaljag were
live in partners. That out of their cohabitation, they begot a child
named Kevinson Lyle Badajos Sumaljag.
She further states that Kevin is a sea-based Overseas
Filipino worker and is presently on board under Local Manning
Agency, AGEMAR MANNING AGENCY INC. which has its principal
office at Manila, Philippines.
She avers that they have been living together as husband
and wife without the benefit of marriage since 2005 until Jiji gave
birth to their son Kevinson Lyle in 2007. That her live in partner
Kevin Sumaljag was jobless, hence, she worked hard to sustain
the needs of their son and Kevin. She furthermore claims that she

even have worthy goals like earning extra income to sustain the
needs of her partner who at that time she was sending to a
Marine School so that he can reached his dream of working in a
foreign vessel. She and Kevin were able to hurdle many obstacles
on his way to earning a college diploma. He was able to sail
through foreign vessels, unfortunately, to Jijis dismay, he became
quarrelsome, irritable and a jealous guy who accuses her of
having an illicit affair with others. He was irritable that he always
got angry with Jiji. He even shouted at her and even berated her
in front of their son.
She further avers that Kevin seemed to have forgotten his
responsibilities of being a good father to his family and instead
indulges in going out to have some fun with his friends. It would
seem that there would be a never ending quarrel between them
ensuing out of his jealousy and irresponsibility. That he does not
even take a glimpse on his son nor have any good relationship
with him.
She further alleged that the worst thing that ever happened
to them was when on 2009, Kevin left Jiji and her son and never
contacted them, leaving them in despair of his presence. Worst,
he left the house without giving any financial support to them.
Aside from that, he also did not bother calling Jiji nor send any
messages to inform the latter of his whereabouts. Jiji tried to
contact Kevin through his old numbers but she could not reach
him. She even asked Kevins family but they were also indifferent
to her situation. There was never any concern both from Kevin
and his family until Jijis mother who is based in the USA
suggested that she comes to America and bring her son with her.
Jiji however, at first, refused to leave with a resolution that she
has to put in order to save whatever is left in the relationship for
the sake of their son. However, one night upon arriving home, Jiji
realized that all of her partners personal belongings were no

longer in their house. Jiji approached Kevins family and Jiji was
told not to stick around with Kevin because the latter no longer
wants her nor loves her and their son.
Jiji alleged that she was stunned and hurt for her son who is
not supposed to be neglected and abandoned by his own father.
She tried her best of locating Kevin and fortunately they met,
talked and promised her to give support to their minor son
immediately upon boarding a foreign vessel which will be after
one week from the time that they have talked.
Jiji also asserts that Kevin never sent and gave the financial
support to their son as promised by him. He made himself scarce
and never communicated nor verified as to what happened to
their son Kevinson Lyle. As such, Jiji realized that waiting for
Kevins unfulfilled promise will bring her and her son to nowhere
and that she decided to come after her parents in America.
Indeed in 2011, Jiji and her son left in the Philippines with the
resolution to have a new life without the help of Kevin.
While Jiji was working very hard to sustain her minor sons
needs and that of her, she came across in 2013 the facebook
account of Kevin Sumaljag. She immediately sends Kevin a
message and fortunately, the latter communicated with her. He
informed Jiji that is now a fulltime sea based OFW and is sailing
on a foreign vessel. He also said that he is earning well and is
saving for his future family. Jiji sensed that Kevin is totally
excluding their son in his plans and so to let Kevin remember his
son Kevinson Lyle, Jiji told him to talk to their son but to her
surprised, Kevin refused to do so. He did not even offer any
financial help for his son. He was totally ignoring their minor son
as if the latter did not exist. More so, Jiji informed Kevin that his
son is already getting bigger so with his basic needs and thus Jiji
needs Kevins help. Jiji requested him to send financial support to

his son. She offered to open a new bank account for Kevinson so
that he could send his money through that amount. Initially, he
said that he still has to save but when Jiji insisted he agreed to
her request. However, Kevin did not again fulfill his promise. He
also again refused to communicate until 2015, they saw in his
facebook account that Kevin is in the Philippines and was having
a party and good time with his family.
Jiji consulted a lawyer in the Philippines about the disregard
and refusal of Kevin to financially support his son and Jiji was told
to refer the matter first to the Overseas Workers Welfare
Administration (OWWA) and Philippine Overseas Employment
Authority (POEA) both with office at Cebu City. Demand letters
were also sent to Kevin himself and his manning agency, AGEMAR
MANNING AGENCY, INC.
The demand letters resulted to nothing. After the receipt of
the demand letter by Kevin, he communicated to Jiji and
informed her that will no longer work so that he cannot send
financial support to his son. But recently, they discovered that
Kevin is again on board since November of 2015. He never again
bothers giving financial support to his son Kevinson. Jiji
furthermore claims that Kevinson, at his very young age, kept on
asking her why is his father not talking to him as what every
father would do just like the father of his friends were doing. The
actuations of Kevin of totally disregarding his son and depriving
or denying him of his love, attention, care and financial support
caused Kevinson great physical and mental pain, suffering and
anguish. It had also seriously impaired his physical and mental
health.