CASE TITLE:

PEOPLE OF THE PHILIPPINES VS. CHRISTOPHER VILLACOBA Y SANGALANG

(CRIM CASE NO. 275-M-2012) FOR VIOLATION OF SEC. 5(e)2 OF R.A. 9262

PEOPLE OF THE PHILIPPINES VS. CHRISTOPHER VILLACOBA Y SANGALANG

(CRIM CASE NO. 274-M-2012) FOR VIOLATION OF SEC. 5(a) OF R.A. 9262

PARTIES OF THE CASE:

COMPLAINANT. MAUREEN VENDIVIL-VILLACOBA

RESPONDENT/ACCUSED. CHRISTOPHER VILLACOBA Y SANGALANG

NOTE: RELATIONSHIP. HUSBAND AND WIFE

FACTS OF THE CASE:

• On December 29, 2005, Complainant and Accused were married as provided

under the Certificate of Marriage.

• On March 5, 2009, the child of Complainant and Accused was born as provided
under the Certificate of Live Birth.

• On August 2009 they separated and agreed that the son’s custody will remain to
the complainant and will give a monthly financial support of P3,000.

• On June 1, 2010 the parties made an agreement in the Barangay Office of

Catalina, San Ildefonso regarding the manner of giving the support and the
visitation rights of the accused.

• On December 23, 2010, Complainant filed in the Barangay ng Sta. Catalina

Matanda a complaint against Accused regarding the refusal of giving support
from Oct. 2010 up to date of this complaint as provided under the Blotter Entry
dated December 23, 2010.

• There was a PATAWAG dated April 25, 2011 sent to the Accused informing the
Accused that, Complainant came to the Tanggapan ng Manananggol Pambayan
to seek legal assistance to file a complaint against Accused for failure to comply
with the Kasunduan sa Barangay about the support of their child. The
PATAWAG fixed a date, time and place for the paghaharap of the complainant
and accused.

• There was a KASUNDUAN dated May 2, 2011 between the complainant and
accused about the financial support and visitation of the child.
 VERSION OF THE ACCUSED

- The refusal of the accused to give the support from the month of October 23, 2010
until December 2010 was because the complainant refused to give the child on the
scheduled date of its visitation
- On August 20, 2011 (Saturday), as agreed upon between the complainant and
accused, the child was in the care of the accused
- As the accused just got home from picking up his son from the complainant, there
was a text from the complainant that “dagdagan ko daw ang sustento at dagdagan
ko pa daw ang bayad sa conjugal property”
- The accused replied to the complainant “bugak ka pala, mukha kang pera”
- A few minutes passed then the complainant was at the house of the accused and
there the accused asked the complainant “ano ang ginagawa mo dito?” and the
complainant replied “kukuhanin ko ang aking anak”, complainant answered “Bakit?
Eh sa akin ngayon ang anak ko bukas ko pa siya dapat na isosoli sa iyo”.
- During that time that there were exchange of words between the complainant and
the sister of the accused.
- During the commotion and exchange of word, the child was crying, so the accused
patted the shoulder of the complainant and said “YUNG ANAK KO IYAK NG IYAK
KUHAIN MO NA”.
- The complainant also narrated that the accused was trying to enter the house
wherein the sister and neighbor of the accused were trying to stop the complainant
from entering.
- NOTE: There were three people present during the quarrel whom are Gemma
Villacoba, Marites V. Jose, and Edna S. Villacoba, each with their own salaysay.
- EVIDENCE FOR THE ACCUSED:
Affidavit of Accused dated October 9, 2011 (Exhibit 1)
Kasunduan dated June 1, 2010 (Exhibit 2)
Blotter Entry dated December 20, 2010 (Exhibit 3)
Kasunduan between the parties dated May 2, 2011 (Exhibit 4)
Affidavit of Marites V. Jose (not marked as exhibit)
Affidavit of Gemma D.C. Villacoba (not marked as exhibit)
Affidavit of Edna S. Villacoba (not marked as exhibit)
Brgy. Blotter dated August 20, 2011 (not marked as exhibit)
 VERSION OF THE COMPLAINANT
- On August 20, 2011, the complainant received a text message from the accused
that he will stop giving support and cussed him some words. The message of the
accused was “BUGAK AT MUKHANG PERA AT KUNG GUSTO MO
MAGDEMANDA KA NALANG”
- After receiving the text message at around 1:30 pm she immediately went to the
house of the accused to fetch their child.
- Upon arrival, the accused greeted her with anger and told her “PUTANG INA MO
KA, MATAPANG ANG HIYA MO, MAKAPAL ANG MUKHA, NAGAWA MO PANG
PUMUNTA DITO, IPAPAPATAY PA KITA NANG TULUYAN KA NANG MAWALA
SA BUHAY KO.”
- The COMPLAINANT still went inside and fetch for the child, while the accused
punched her left arm and sisters of the accused is cursing her and asked her
“LUMAYAS KA PUTANG INA MO SA PAMAMAHAY KO, WALA KANG
KARAPATANG TUMUNTONG DITO”.
- When she got her child, she hurried to get out of the house while the accused and
the sisters of the accused continued to curse and threatened her.
- After the incident, she went straight to the Physician and asked for a medical
certificate.
- To support her claim she presented a police certification of the blotter, medical
certificate, copy of their agreement regarding custody and financial support for their
child, marriage certificate and birth certificate of their son.

• On December 20, 2011, two Information was filed against accused Christopher
Villacoba for violation of Section 5(a) of RA 9262 and violation of Section 5(e)2 of
RA 9262. A resolution was also filed for the Physical Violence and Abandonment
in relation to RA 9262.
• On February 6, 2012, The RTC Branch 85 of Malolos City, Bulacan issued an
order to issue a warrant of arrest for the accused Christopher Villacoba. Two
warrants of arrest were issued for the arrest of Accused Christopher Villacoba for
violation of section 5(a) and section 5(e)2 of RA 9262.
• On December 28, 2012, The court issued an order that the case be archived
without prejudice and an alias warrant of arrest be issued against the accused.
Two alias warrant of arrest were issued.
• December 15, 2020, The motion for reduction of bail in forms of cashbond was
granted by the Court. The amount of bail bond was reduced from P24,000.00 to
P12,000.00 for each count in forms of Cash Bond.
 • On December 16, 2020, A Certificate of Detention is issued to certify that
Christopher Villacoba y Sangalang is presently etained at the station custodial
facility after having been arrested by elements of said station.
• December 17, 2020, The Court issued an order approving the bail bond, ordered
for the immediate release of the accused Christopher Villacobo and set for the
arraignment and pre-trial for the case on February 10, 2021.
• On February 21, 2022, Atty. Mary Grace Panganiban-Mendoza was appointed
counsel de officio for accused only for the arraignment. Atty. Mendoza waived
the reading of the Information. Accused enter a plea of NOT GUILTY.
• Initial presentation of Prosecution’s evidence on May 25, 2022 at 8:30 in the
morning.

DEFENSE

For the physical abuse (Sec. 5(a)

- Negative defense po sana against don sa allegation ni complainant na sinuntok daw ni

accused sa braso.

- Ire-raise po namin na tinapik lang siya sa may braso para pakalmahin at pigilan sa
panggugulo sa bahay na tinutuluyan ni accused. Papatunayan po yun gamit yung
tatlong salaysay po ni Edna, Marites at Gemma.

- Ire-raise din po namin. if possible, na mas bibigyan weight ang testimonies nung
tatlong witness kesa sa medical certificate po n pinresent ni complainant; na walang
litrato na magpapatunay na nagtamo talaga ng pasa si complainant bukod sa medical
certificate. (Humahanap po kami ng jurisprudence ng VAWC case to support our claim,
mostly rape cases po kasi yung nakikita namin.)

For the support naman po (Sec. 5(e)2):

- Naisip po namin na patunayan yung good faith ni accused, na magbibigay naman po

talaga siya ng support na abot ng makakaya niya. Then ire-raise po yung mga
compelling reasons (such as hindi pagpapahiram ng bata at hindi pagkakasunduan sa
mga ibang bagay) kaya hindi niya maibigay yung support na iaabot.

- Ire-raise as defense din po yung work status niya. po, yung kakayahan niya na
magbigay ng support.

- Ang magiging conflict lang po is yung at large po niya for the past 10 years. Aalamin
po namin kung nagbibigay po siya ng support after ma-file nung kaso noong 2011.