Reyzen Paul Unite Mendiola 2011030966

Legal Counselling and Social Responsibility – CLEP 4E

TASK 3

A consulted you. She is married to B for 10 years. B is a serial womanizer and would at
times hurt her and their eight year old child, C. B also made A economically dependent
to him and prevented her from practicing her profession.

1. What civil or criminal cases can you file against B?

Civil case: I will be advising A to file a Petition for Declaration of Nullity of Marriage on
the ground of psychological incapacity enshrined under Article 36 of the Family Code of
the Philippines.
Criminal case: I will advise A to file an action for the violation of Republic Act No. 9262
or the Anti-Violence against Women and their Children. Under Section 5, The crime of
violence against women and their children is committed through any of the following
acts: (a) Causing physical harm to the woman or her child; (e)(4) Preventing the woman
in engaging in any legitimate profession, occupation, business or activity, or controlling
the victim’s own money or properties, or solely controlling the conjugal or common
money or properties; (i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor children of access
to the woman’s child/children. These grounds are all present in this case.
Moreover, I will also advise A to file a Barangay Protection Order against B, or if the latter
is able to pay bail, a Temporary Restraining Order.

2. Prepare a sample Q and A as well as the complaint affidavit for the case/s.
Q: Please state your name, civil status, age, address, and occupation.
A: I am A. Batongbakal, married, thirty four (34) years old, residing at 669 Dapitan
Street, Sampaloc, Manila. I am a Medical Doctor by profession.
Q: Who and are you married to and for how long?
A: I am married to B. Batongbakal for ten (10) years.
Q: Did this marriage bear any child?
A: Yes, C. She is eight years old.
Q: How may I be of assistance?
A: I am seeking legal assistance in filing a case against B, not only for my protection, but
that for my child, C, as well.
Q: Can you tell me who is B?
A: Yes. He is my husband. He is thirty six (36) years old and is an architect by
profession.
Q: Can you please tell us what happened?
A: Yes. It all began even before we were married. When we were still just sweethearts,
he would court other woman. I’ve only known about this from his friends after we got
married. But he promised that he would change, not just for me, but for our daughter
too. When C was born, that’s when he started maltreating me. He would oftentimes
come home drunk and hit our child with a belt, walis tambo, hanger, or whatever object
first gets a hold of. He stopped me from going to work. I had to comply less he hurt our
child, since currently, no one is looking after C except me. As such, he controls most of
our family’s finances.
Q: Didn’t you tell your or his parents the abuse you’ve been receiving from him?
A: No. We would sometimes eat lunch at my parent’s house, but before so, he explicitly
ordered me to not make any fuss about what’s been going on in our house, because if I
say anything, he told me that he would hit me once we get home.
Q: What is your goal in this case?
A: I want B to be made liable for all the abuse C and I got from him all these years. I
want to have our marriage declared null. I want him to suffer in jail for as long as our
marriage lasted.
 REPUBLIC OF THE PHILIPPINES
NATIONAL JUDICIAL REGION
OFFICE OF THE CITY PROSECUTOR
MANILA CITY

A. BATONGBAKAL,
Complainant,

I.S. No. 115700

- versus -
For: Violation of
Republic Act No. 9262
B. BATONGBAKAL,
Respondent.

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

COMPLAINT AFFIDAVIT

THE UNDERSIGNED COMPLAINANT respectfully alleges:

I, A. BATONGBAKAL, of legal age, Filipino, married, and with postal

address at 669 Dapitan Street, Sampaloc, Manila City, after having been duly
sworn to in accordance with law, hereby accuses:

B. BATONGBAKAL, with postal address at 669 Dapitan Street,

Sampaloc, Manila City where summons and notices may be served for
violation of Republic Act No. 9262, otherwise known as the Anti-Violence
against Women and their Children Act, committed as follows:

1.0. That, on August 30, 2012, B, in front of our parents, ask my hand for
marriage. Our parents gave us both their blessings and planned our
marriage ceremony right away;
2.0. That, on December 1, 2022, we got married at the Manila Cathedral
Church. It was a modest celebration, attended by our relatives and
closest friends;
3.0. That after almost two (2) years of marriage, we were blessed with one
(1), C. Batongbakal;
4.0. However, during my pregnancy, I caught him sending text messages
and emails to different women. I confronted him but he told me that
he was just playing so he and his friends could have a good laugh.;
5.0. As such, I immediately forgave him;
6.0. That when C was born, he started drinking more often. He would go
home late at night and beat me. Once I was riddled with bruises, I had
to lie that I fell down the stairs in the hospital where I was working at
the time;
7.0. That when C turned two, he demanded I stop working;
8.0. That I refused at first, but he slapped me in the face. He slapped me so
hard, my right cheek reddened and swelled for about three (3) days. I
hesitantly agreed after that incident;
9.0. That B also cut off my sources of communication with my parents, and
he would often lie to them, every time they call his mobile number or
via Facebook Messenger, that I was out or out of town for work, which
were all lies;
10.0. I am therefore executing this Complaint Affidavit in support of the
charges for Violation of Republic Act No. 9262 against Mr. B.
Batongbakal, who may be served with subpoena and other processes
of this Honorable Office at his principal place of business 669 Dapitan
Street, Sampaloc, Manila City, Philippines.

IN WITNESS WHEREOF, I have hereunto set my hand this April 2,

2023, at 151 Pitong Gatang Street, Tondo, Manila City, Philippines.

A. BATONGBAKAL
COMPLAINANT

SUBSCRIBED AND SWORN to before me this 5th of March 2023 in

Manila City, the affiant exhibiting to me her National ID, card no. 001157.
 MARIA CLARA MAKILING
CITY PROSECUTOR

CERTIFICATION

I hereby certify that I have personally examined the affiant and am

satisfied that he voluntarily executed and understood his complaint-
affidavit.

MARIA CLARA MAKILING

CITY PROSECUTOR

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