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 248 Salcedo 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 248 Salcedo 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.

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._______