Criminal Case Case by [insert name]

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Republic of the Philippines

Department of Justice
CITY PROSECUTION OFFICE
________________

[INSERT NAME] Docket No: _________

Complainant ,
-versus-
[INSERT NAME] For: Violation of R.A 9262
Respondent. Violence Against Women
and their Children

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

COMPLAINT – AFFIDAVIT

I, [NAME OF COMPLAINANT], of legal age,

[citizenship], married to the respondent, and a resident of
[insert address], after having been duly sworn in accordance
with law, hereby depose and state:
1. I am the same person who is the complainant in the
instant case;
2. I know the person of [name of respondent], being
my husband and who is currently in active service in
the [insert workplace and location], where he may
be served with Office summons, notices and
processes;
3. That we were married on [insert date] at [location of
court] before the sala of Hon. Judge [insert name].
The copy of marriage certificate is hereto attached as
Annex “A”;
4. That out of lawful marriage, we begot [number of
child/children] child. The child is [name of child] who
was born on [date]. Our [son/daughter] is [age in
text and number (eg four (4))] years old. A copy of
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[his/her] Certificate of Live Birth is hereto attached

and marked as Annex “B”;
5. That in the beginning of our marriage, we lived
harmoniously as husband and wife and parents to
our child until later part that my husband [describe
reasons in complaining husband (eg had shown and
displayed irrational behaviour not expected from a
mature and a responsible husband and father to our
child)];
6. [Describe other reasons for complaint (eg 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. [Describe other reasons for complaint (eg 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”;
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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;
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
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on August 24, 2011, copy of their Certificate of

Marriage is hereto attached as Annex “G’;
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
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service so as not to allow a person like him to tarnish

the image of the entire PNP and shall serve as an
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