REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CITY OF PARAÑAQUE
BRANCH 260
rtc1par260@judiciary.gov.ph / 09692849652

PEOPLE OF THE PHILIPPINES

-versus- CRIM. CASE NO. 2021-0832

FOR: VIOLATION OF SECTION 5(i)
OF R.A. 9262

JOHN MARIE GALERA LUMDANG and

ESTERN VILLEGAS ANTONIO a.k.a
DOC. ESTERN ANTONIO LUMDANG,
Accused.
x-----------------------------------------------------x

AMENDED PARTIAL MOTION FOR RECONSIDERATION

THE PRIVATE COMPLAINANT, through the undersigned counsel to

this Honorable Court respectfully moves for the partial reconsideration of
the Judgment dated March 26, 2024 and promulgated in open court on
April 16, 2024 and state as follows:

PREFATORY STATEMENT

“The elements of conspiracy are the following: (1) two or more persons
came to an agreement; (2) the agreement concerned the commission of
felony; and (3) the execution of the felony was decided upon. Proof of the
conspiracy need not to be based on direct evidence, because it may be
inferred from the parties’ conduct indicating a common understanding
among themselves with respect to the commission of the crime. Neither is
it necessary to show that the two or more persons met together and
entered into an explicit agreement setting out the details of an unlawful
scheme or objective to be carried out. The conspiracy may be deduced
from the mode or manner in which the crime was perpetrated, it may also
be inferred from the acts of the accused evincing a joint or common
purpose and design, concerted action and community of interest.”1

THE INFORMATION
1
People v. Lago, 411 Phil. 52 (2001)
 2

“That from 2004 to present, in the City of Parañaque, Philippines and

within the jurisdiction of this Honorable Court, the above-named accused
Jhon Marie Galera Lumdang, being the husband of private complainant
ANNA PATRICIA CRUZ LUMDANG, conspiring and confederating
together with accused Estern Villegas Antonio a.k.a. Doc. Estern Antonio
Lumdang a.k.a. Doc. Estern Antonio Lumdang, did then and there willfully,
unlawfully and feloniously cause mental or emotional anguish or public
ridicule or humiliation to said private complainant, by maintaining an illicit
affair and sexual relation with said accused Estern Villegas Antonio a.k.a.
Doc Estern Antonio Lumdang who is aware from the start of their illicit
affair and sexual relation that accused John Marie Galera Lumdang is
lawfully married to said private complainant, in violation of the a forecited
law.”

CONTRARY TO LAW.
Parañaque City
July 13, 2021.

THE JUDGMENT

The Court, in its judgment dated March 26, 2024 and promulgated on
April 26, 2024 states that:

“WHEREFORE, premises considered, this Court, finds the accused

JOHN MARIE GALERA LUMDANG GUILTY BEYOND REASONABLE
DOUBT of the crime of Violation of Section 5 (i) of R.A. 9262 and is hereby
sentenced to suffer the imprisonment of six (6) months and one (1) day to
six (6) years, as minimum to eight (8) years to one (1) day, as maximum
and is ordered to pay indemnity in the amount of ₱100,000.00 and moral
damages in the amount of ₱25,000.00 and that accused ESTERN
VILLEGAS ANTONIO a.k.a. DOC. ESTERN ANTONIO LUMDANG in
hereby ACQUITTED due to reasonable doubt. Accused John Marie Galera
Lumdang is directed to undergo mandatory psychological counseling and
to report compliance therewith within fifteen (15) days upon completion.”

SO ORDERED.
Parañaque City, March 26, 2024.

Specifically the law by which both accused were charged is Section 5

(i) of R.A. 9262

“SECTION 5. Acts of Violence Against Women and Their Children, -

The crime of violence against women and their children is committed
through any of the following acts:

xxxx xxxx xxxx xxxx

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(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.” With due respect, we
maintain that conspiracy exists between the accused in the commission of
the crime;

Sometime in 2003, or even before that time, both accused already

inflicted repeated verbal and emotional abuse to the private complainant
and of course, there was denial of financial support since that time

As narrated in the prosecution’s evidence in the Judgment, as early

as 2003, both accused already lived together in the condominium unit in
Makati City owned by co-accused Estern Villegas Antonio a.k.a. Doc Estern
Antonio Lumdang (“Doc Estern”) as testified by their son, Yhan Michael
Cruz Lumdang (“Yhan”) (page 3, Judgment)

The private complainant testified that accused John Marie Galera

Lumdang (“John”) admitted to her that co-accused Doc Estern is his
girlfriend (page 5, Judgment);

Further, sometime in 2003-2004, the private complainant even

confronted co-accused Doc Estern at the Makati Medical Center where she
was an intern, and confronted and informed her that accused John was
already married to the private complainant;

But despite of the private complainant’s plea to stop co-accused Doc

Estern’s scandalous relationship with John, she completely turned a deaf
ear to the private complainant’s pleas and maintained her illicit relationship
with John;

As a result of their illicit relationship, three (3) daughters were born;

The private complainant even begged the accused John not to leave
his first family, but to no avail

Their son, Yhan testified that co-accused Estern used to go with him
and his father and even gave him toys. (page 11, Judgment)

Co-accused Doc Estern opted not to testify and not present her
countervailing evidence, thus only accused John’s evidence was
considered by the Court,

Conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.2

Co-accused Doc Estern knew as early as 2003 or even earlier that

the private complainant and accused John were already married.
2
id. at 59
 4

Both accused, by their acts, caused mental anguish, emotional abuse

and subjected the private complainant and their son to ridicule and
humiliation when both accused represented themselves in public as
lawfully wedded couple with three (3) daughters.

As to financial abuse accused John admitted that he denied financial

support to his first family.

Thus, the act of one is the act of all.

Conspiracy between the accused in this case can be deduced from

the mode or manner in which the crime was perpetrated. It may also be
inferred from the acts of the accused evincing a joint as common purpose
and design, concerted action and community of interest3

It takes two to tango. The couple’s son Yhan testified that when he
was about five (5) years old, co-accused Doc Estern already knew that
accused John was married already to Yhan’s mother, the private
complainant.

The co-accused cohabited with accused John for so long, thus giving
birth to three children. It is impossible for co-accused Doc Estern not to
know that accused John is in fact married to the private complainant. She
must have known as early as 2003, of the married status of the father of
her three daughters. Thus this is not treading on assumptions but on fact.
Doc Estern must have known the status of accused John during their
cohabitation. As a matter of fact as early as 2003 the private complainant
already confronted and informed co-accused Doc Estern about her
marriage to accused John.

Please note that the three daughters of both accused were born in
September 11, 2004, March 2006 and the youngest was born definitely
after 2006. And the confrontation happened in 2003. Clearly, despite of
learning in 2003 that accused John was already married, she continued her
illicit after with accused John, thus producing their three (3) daughters.

There is conspiracy under Article 8 of the Revised Penal Code when

two or more persons come into an agreement concerning the commission
of a felony and decide to commit it. Conspiracy of course, by itself is legally
inconsequential unless the criminal plot is, in fact, carried out. Once the
offense is perpetrated. The responsibility of the conspirators is collective,
not individual, that renders all of them. “Equally liable regardless of the
extent of their respective participation, the act of one being deemed to be
the act of the other or the others in the commission of the felony.”4

3
People v. de Guzman, et al., G.R. No. 241248, June 23, 2021
4
Justice Vitug, Separate Opinion People v. de Vera, et al., G.R. No. 128966, August 18,1999
 5

PRAYER

THE FOREGOING PREMISES CONSIDERED, it is most respectfully

prayed that the Judgment dated March 26, 2024 be PARTIALLY
RECONSIDERED and a new Judgment be issued finding co-accused
ESTERN VILLEGAS ANTONIO a.k.a. DOC. ESTERN ANTONIO
LUMDANG equally guilty of the offence charged with accused JOHN
MARIE GALERA LUMDANG.

Other relief just and equitable under the premises are likewise prayed
for.

Pasay City for Parañaque City

29 April 2024

HILDA A. SACAY-CLAVE
Counsel for the Private Complainant
SACAY-CLAVE & ASSOCIATES LAW FIRM
Ground Floor, Unit CB
Eden Plaza Business Center
2464 F.B. Harrison St.,
1300 Pasay City, Metro Manila, Philippines
Roll of Attorneys No. 31181
PTR No. 126554551J | 1-04-2024 | Las Piñas City
IBP LM No. 015566/1-04-17/Manila IV
MCLE Compliance No. VII-0017567
Valid up to 4-14-2025
Mobile No.: 0918 9015 234
Email: clavelaw01@yahoo.com

NOTICE

The Branch Clerk of Court

Regional Trial Court
Branch 260
Parañaque City

GREETINGS:
Please submit the foregoing Motion for the consideration and
approval of the Honorable Court immediately upon receipt thereof.

HILDA A. SACAY-CLAVE
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Copy Furnished by LBC Express

OFFICE OF THE CITY PROSECUTOR Tracking No.______________

PARAÑAQUE CITY Date____________________
Hall of Justice Place___________________
Parañaque City

ATTY. SOCRATES A. VERAYO Tracking No.______________

Counsel for Accused John Marie G. Lumdang Date_____________________
Unit C Millenium One Plaza Place____________________
9111 San Antonio, SAV 1, Parañaque City
saverayo@gmail.com

ATTY EUGENE DE JESUS Tracking No.______________

Castro Rebosa Rebosa Law Office Date_____________________
Counsel for Accused Estern Villegas Antonio Place____________________
a.k.a. Doc Estern Antonio Lumdang
Room 204 Schechina Shamma Bldg
118 Dapitan cor. Don Quijate St.,
Sampaloc, Manila

EXPLANATION
(Pursuant to Sec. 5 Rule 13 of the Rules of Civil Procedure as Amended)

Service of a copy of the foregoing Partial Motion for Reconsideration

and the filing thereof is by LBC Express due to lack of personnel to effect
personal service.

HILDA A. SACAY-CLAVE
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