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Republic of the Philippines

REGIONAL TRIAL COURT


First Judicial Region
FAMILY COURT IN CITIES
Branch 59
Baguio City

PEOPLE OF THE PHILIPPINES,


Plaintiff,

(MARIELLE ANNE QUILACIO),


Private Complainant, Crim. Case No: 43504-R
NPS Docket No.: I-17-INV-19-0238
For: Violation of Sec. 5 (i) of R.A.
9262
-versus-

IVAN DOMINGUEZ QUILACIO,


Accused.
x--------------------------------------x

JUDICIAL AFFIDAVIT OF
JANICE KATRINA ORQUIA-CASTELO

PRIVATE COMPLAINANT, unto this Honorable Court,


respectfully submits the following JUDICIAL AFFIDAVIT of Janice
Katrina Orquia-Castelo:

Date of Examination:
Place of Examination: Lower Ground, Casa Vallejo Hotel
Upper Session Road, Baguio City_
Examining Counsel: Atty. Perlita L. Chan – Rondez___

OFFER OF TESTIMONY

The testimony of the witness is offered for the following


purposes:

1. To testify as the Expert Witness in this case;


2. To testify on her findings regarding the Psychological Report of
Marielle Anne Quilacio dated 9 October 2018;
3. That the witness will identify all documentary exhibits
pertinent to their answer;
4. To testify on other matters relevant and incidental in this case.

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PRELIMINARY STATEMENT

I, Janice Katrina Orquia-Castelo, of legal age, married,


with an office address at Baguio General Hospital and Medical
Center Women and Children Protection Unit, Baguio City as part
of my testimony in the above-captioned case, after having been
duly sworn in accordance with law, hereby depose and state that:

I am the psychologist engaged by the Petitioner, Marielle


Anne Cominga - Quilacio, to conduct her Psychological
Evaluation;

In relation to the above-entitled case, the counsel, Atty.


Pinky Chan-Rondez with an office address located at Serbisyo
Abogado Full Service Law Firm at Casa Vallejo, Lower Ground,
Upper Session Road, Baguio City (Serbisyo Abogado), asked me
questions which I answered to the best of my ability, fully
conscious that I did so under oath and that I may face perjury
and/or any criminal liability for false testimony;

The questions asked by Atty. Chan-Rondez and the answers


I gave are as follows:

DIRECT EXAMINATION QUESTIONS:

Transcribed below are the questions propounded to and the


answers given by Janice Katrina Orquia-Castelo in English, a
language understood by the said witness-affiant, to wit:

Q1: Please state your personal circumstances.


A1: I am Janice Katrina Orquia-Castelo, a psychologist, of legal
age, Filipino, married and working at Baguio General Hospital
and Medical Center Women and Children Protection Unit, Baguio
City.

Q2: Madam witness, do you know why you are here in the office?
A2: To give a sworn statement by way of a judicial affidavit, the
same to constitute as my direct testimony, in the above-captioned
case.

Q3: What qualifies you to perform the psychological evaluation of


the party Ms. Marielle Anne Cominga - Quilacio?
A3: I am a psychologist by profession. I earned my bachelor’s
degree in Psychology at the University of the Cordilleras, in the

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year 2001. Also, I completed my academic subjects in Masters of
Arts in Psychology and now on my last semester for thesis
writing. I am also a registered Psychometrician. (Witness
presented a copy of his college diploma)

Manifestation: The counsel respectfully manifests before this


Honorable Court that the copy of the College Diploma of
Janice Katrina Orquia-Castelo be marked as Exhibit “”.

Q4: Do you know the Petitioner in this case, Ms. Marielle Anne
Cominga - Quilacio?
A4: Yes, ma’am.

Q5: How do you know her?


A5: She was referred to me by Atty. May Fydee Ricafort - Cosalan
for a Psychological Evaluation.

Q6: What was the reason for the referral?


A6: The reason for her referral is to conduct an assessment on
her intellectual and emotional functioning for proper management
and intervention in relation to her plan to file a case against her
husband for an alleged violation of R.A. 9262.

Q7: Did you conduct a psychological evaluation of the


complainant in the case?
A7: Yes, ma’am.

Q8: When did you conduct the psychological evaluation?


A8: The psychological evaluation was conducted on October 9,
2018.

Q9: What kinds of tests did you use during the psychological
evaluation of the client?
A9: The specific assessment instruments used during the
conduct of the psychological report are the following: a) Standard
Raven Progressive Matrices (SPRM), b) Sentence Completion Test
(SCT), c) Draw-a-person Test (DAPT), d) 16 Personality Factor
Test, 5th Edition (16 P.F. Test), e) Emotions Profile Index (EPI), f)
Autobiography, g) Background Information, and h) Observations
during the Assessment.

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Q10: You mentioned that you conducted a Background
Information on the client?
A10: Yes, ma’am.

Q11: How did you conduct and gather information from the
client?
A11: The background information was gathered through an
interview with the client and from her autobiography.

Q12: What background information did you gather from the


client?
A12: I gathered that, Ms. Marielle Anne Cominga and Mr. Ivan
Quilacio have known each other since they were in High School at
Saint Louis School Center. Sometime in 2017, they met again
through a common friend and they started dating. He admitted
having a child from a previous relationship and she still accepted
him and they became boyfriend and girlfriend on March 9, 2017.
On the same year, Ms. Cominga became pregnant but she had a
miscarriage. Mr. Quilacio’s parents disapproved of their
relationship and they separated. She even brought a cake and
visited his parents but they did not let her inside their house.

Q13: According to your interview with the client Ms. Marielle


Anne Cominga-Quilacio what then happened next?
A13: Ms. Cominga and Mr. Quilacio reconciled after a month of
separation. When Mr. Quilacio had a problem with his family, he
left their house and lived together with Ms. Cominga. On May 7,
2018, they got married through a civil wedding that was attended
by only their witnesses. Ms. Quilacio got pregnant again. At first,
her ultrasound could not confirm whether it was a polyps or an
embryo. Out of excitement, her husband immediately told his
family that they were expecting twins. Another ultrasound
confirmed that it was a single living embryo which disappointed
her husband. He called her a liar and a cheater. According to the
Ms. Quilacio, there was even an instance when her husband told
her “Kung sa akin talaga yan” (If the child she was bearing was
actually his).

Q14: Would you like to add more background information?


A14: Yes. During the early days of their marriage, Mr. Ivan
Quilacio worked as a housekeeping staff at the Baguio Country
Club while Ms. Marielle Cominga – Quilacio worked as a customer
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representative at Sitel. Then, the husband, Ivan Quilacio
complained of having difficulty traveling from their house in
Apugan to his workplace. As a response, Marielle used her first
salary for the downpayment of the motorcycle that he wanted.
Their fights and arguments started when he learned that there
were instances when Ms. Quilacio borrowed money from her co-
workers to augment for their daily finances. When, apparently,
her husband’s family disapproved of her loaning money as their
family is well-known in the Cordillera.

Q15: According to your interview of the client Marielle Anne


Cominga-Quilacio, what was the next turn out of events?
A15: During their marriage, Ms. Quilacio was twice admitted in
the hospital due to a high risk pregnancy. On her second
hospitalization, her husband never showed up. On August 7,
2018, she went home to her parents as her husband was often
drunk and provoking a fight with her. There was an instance
when he physically hurt her during a fight. She tried to fix their
marriage by waiting for him at his workplace but he often told her
to leave.

Q16: What other information about the parties were you able to
gather from the client Ms. Quilacio?
A16: At present, her husband lives with his parents. Ms. Quilacio
went to the gas station, owned by the family of her husband
hoping that he will talk to her. Also, she sends ultrasound photos
of their baby in his messenger account. Once, she saw her
husband’s post in Facebook that he was in the gym but he never
checked her messages in Messenger. Every night, Ms. Quilacio
ponders if her husband will still come home. She sometimes cries
herself to sleep as she thinks about her husband and the failure
of their marriage. There was an instance when she contemplated
about ending her life but the thought of the baby stops her.

Q17: Earlier, you told me that you conducted a psychological


evaluation on the client?
A17: Yes, ma’am.

Q18: Could you please tell us the manner by which you


conducted your evaluation?
A18: I did the standard procedure in conducting a psychological
evaluation. In the first and only session we had on October 9,

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2018, I administered the battery of tests. After which, I asked the
client, herein complainant, Marielle Anne Cominga-Quilacio
through an interview, questions regarding the incidents that
transpired between her and her husband, herein accused, which
lead to her to file a case of violation of R.A. 9262 against the
latter.

Q19: After your study of the client, herein complainant, what


have you found?
A19: I have found that the client is suffering from psychological
and emotional distress.

Q20: Can you elaborate on that, please?


A20: Based on the results of the battery of psychological tests
and interview that I conducted with the client I have clustered her
evaluation into three (3) specifically on her 1) intellectual
evaluation, 2) emotional evaluation and on my 3) clinical
impression of her.

Q21: Can you specify each evaluation?


A21: Ok ma’am.

Q22: What was your intellectual evaluation of the client?


A22: Based on the test results, I have found her with an IQ score
of 96 that is within the Average level of intellectual functioning
based from her SRPM performance. This signifies adequate
capacity to formulate concepts based on novel information,
reason with analogy, and think clearly about complex situations,
define problems, utilize information to come up with accurate
decisions, recognize the implications of her actions and decisions
as well as anticipate likely outcomes. Moreover, Ms. Quilacio can
clearly express her thoughts, feeling and concerns in both oral
and written forms.

Q23: How about your emotional evaluation on her?


A23: I found that Ms. Quilacio places great importance to having
a complete family. She mentioned in her completion test the
statement of “I want to know why he left me and broke our
marriage vows.” Ms. Quilacio hoped to build a family with her
husband but the failure of her marriage caused her frustration
and resentment. She even told me that she bought a motorcycle
in an aim to somehow provide her husband with a comfortable
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life to help him adjust with the change in lifestyle when they lived
separately from his family.

Q24: Is there more to elaborate on?


A24: Yes, in fact based on the results Ms. Quilacio feels helpless
as she could not do anything to change her husband’s mind in
fixing their marriage and just abandoned her.

Q25: How did Ms. Quilacio feel when his husband left her?
A25: Based on my interview, when her husband, Mr. Ivan
Dominguez Quilacio left and stopped communicating with Ms.
Marielle Anne Cominga Quilacio, the latter attested that she
already loses hope as she feels abandoned, insignificant, and
unloved.

Q26: Would you like to add more on her emotional evaluation?


A26: Yes, in fact in her completion test, she stated, “I suffer from
being at this stage, being pregnant without my husband around.”
It pains her every time she sees her husband post pictures in
Facebook that he is in the gym while she is left alone to handle
the responsibilities of her pregnancy. She worries that nothing
can be done to fix their marriage. In addition, his demeaning
remarks such as calling her a cheater and liar as well as his
doubts that he is the father of the baby that she is carrying made
her feel inadequate and worthless hence lowering her self-
esteem.

Q27: Would you like to elaborate further?


A27: Yes. Ms. Quilacio is also concerned about her pregnancy.
She fears that with all her distresses and marital problems, she
may lose her baby again. Also, she frequently thinks about how
she can raise her baby all by herself, without a father, and with
limited finances. Ms. Quilacio uses humor to cope with difficult
circumstances and painful emotions. She tries to hide her pain
and struggles to other people through her display of a cheerful
appearance.

Q28: How about on the clients’ clinical impression?


A28: Ms. Quilacio has average level of intellectual functioning
which denotes adequate ability to perform various cognitive tasks
such as understanding, learning, abstract reasoning, and
problem solving.
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Q29: Would you like to add more on this?
A29: Morever, Ms. Quilacio feels disrespected, hurt, and betrayed
when her husband left and stopped communicating with her. His
demeaning remarks significantly lowered her self- esteem making
her feel hopeless, helpless, and worthless. She is dismayed and
frustrated that their marriage failed despite her efforts to
communicate with her husband, keep their relationship strong
and to somehow provide him with a comfortable life. Her anxiety
arises as she loses hope that nothing can be done to fix their
marriage.

Q30: What were your other observations during your assessment


of the client Ms. Marielle Anne Cominga – Quilacio?
A30: Ms. Quilacio arrived at the unit alone. She was well-dressed
in a loose long blouse, pair of pants, and flat shoes. Also, she has
straight hair, brown complexion and slender body. At the time of
evaluation, Ms. Quilacio was four months pregnant. Rapport was
easily established. The Filipino language was mainly used as a
mode of instruction and communication. She performed the tasks
with minimum to no supervision from the Examiner.
Furthermore, she constructed meaningful sentences in the
Sentence Completion Test and autobiography. She completed all
her tasks in an average pace.

Q31: Were there other observations that you had on the client?
A31: Yes. During her conversations with me as her examiner, she
talked about her experiences with her husband, views about
marriage, her pregnancy, and feelings when her husband left her.
She sometimes made jokes about the failure of her marriage but
afterwards her face turned into a frown as he talked about their
future child who will grow without a father and a complete family.
Good eye contact was sustained through the conversation.

Q32: Is there any more observation on the client that you would
like to add?
A32: No more ma’am.

Q33: Ms. Janice Katrina Orquia – Castelo, did you put your
findings in writing?
A33: Yes, ma’am.

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Q34: (Showing the psychological report to the witness) I have
here a document which purports to be a psychological report on
one Marielle Anne Quilacio - Cominga, dated October 9, 2018.
Can you please go over it and tell us what it is?
A34: Ma’am, this is the same psychological report that I have
made.

Manifestation: The counsel respectfully manifests before this


Honorable Court that the Psychological Report of Marielle
Anne Cominga - Quilacio be marked as Exhibit “M”

Q35: I found on the last page of the same is a signature above a


typewritten name Janice Katrina Orquia – Castelo, RN, RPm, is
that your signature above your name?
A35: Yes, Ma’am.

Manifestation: The counsel respectfully manifests before this


Honorable Court that the signature above the typewritten
name Janice Katrina Orquia – Castelo, RN, RPm be marked as
Exhibit “M1”

Q36: I have no further questions. Do you have anything to add or


retract from, Ms. Janice Katrina Orquia – Castelo?
A36: No, Ma’am.

Q37: Are you willing to sign your Judicial Affidavit?


A37: Yes, Ma’am.

…………………………………………………….………………………..…….

AFFIANT FURTHER SAYETH NAUGHT.


IN WITNESS WHEREOF, I have hereunto set my hand this 19th
day of August, in the City of Baguio.

Janice Katrina Orquia – Castelo


Affiant

SUBSCRIBED AND SWORN before me, this ____ day of August, in the
City of Baguio, Janice Katrina Orquia – Castelo. Whose signature above
appears presented to me his ___________________ bearing the nos.
____________________ issued at __________ issued on ______________.

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ATTY. PERLITA L. CHAN- RONDEZ
Counsel for Petitioner

SWORN ATTESTATION
I, Atty. Perlita L. Chan – Rondez of legal age, married, with
office address located at Lower Ground, Casa Vallejo Hotel, Upper
Session Road, Baguio City, on oath depose and state that:

1. I was the lawyer who conducted the examination of the


witness Janice Katrina Orquia – Castelo at my
aforementioned office in Baguio City;

2. I have faithfully recorded or caused to be recorded the


questions asked and answers given above; and

3. I nor any other person then present or assisting me


coached the witness regarding her answers.

ATTY. PERLITA L. CHAN- RONDEZ


Counsel for Petitioner

SUBSCRIBED AND SWORN before me, this ___ day of August 2020, in
the City of Baguio, Perlita Chan - Rondez, the person whose signature above
appears presented to me her IBP ID with Roll of Attorneys No. 41736.

Doc No. ____;


Page No. ___;
Book No. ___;
Series of 2020.

EXPLANATION OF SERVICE
Due to geographical distance and lack of manpower, a copy
of the foregoing Judicial Affidavit of Janice Katrina Orquia –
Castelo will be served through registered mail.

Copy furnished:

IVAN DOMINGUEZ QUILACIO


Accused
# MA 050 Puguis, La Trinidad

ATTY. PERLITA L. CHAN-RONDEZ


By Personal Service:

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Office of the Public Prosecutor
Justice Hall
Baguio City

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