Sample Complaint Affidavit for Violation of RA 9262

7/23/2019 Sample Complaint Affidavit for Violation of RA 9262

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Criminal Case Case by GUAIMALIAPage 1 of 5

Republic of the PhilippinesDepartment of Justice

CITY PROSECUTION OFFICE

________________

GUIAMALIA KENENGKO Complainant , -versus-BEDO SINUMPAY Respondent.

Docket No: _________

or: Violation of R.A 922

Viol!n"! A#ain$t %o&!n

an' t(!i) C(il')!n

!------------------------------!

COMPLAINT * AFFIDAVIT

", GUIAMALIA KENENGKO, of le#al a#e, ilipino,

married to the respondent, and a resident of $% Notre Dame

&venue, Cotabato Cit', after havin# been dul' s(orn inaccordance (ith la(, hereb' depose and state:

). " am and the same person (ho is the complainant in

the instant case*

+. " kno( the person of D, bein# m' husband and

(ho is currentl' in active service in the /////////0

acolod Cit', (here he ma' be served (ith fficesummons, notices and processes*

%. 1hat (e (ere married on ebruar' )2, +223 at

Re#ional 1rial Court 0 ranch )% before the sala of

4on. Jud#e ///////. 1he cop' of marria#e

certificate is hereto attached as &nne! 5&6*

7. 1hat out of la(ful marria#e, (e be#ot t(o8+9children. 1he first child is ////////////// (ho

(as born on June +, +223 and our second child

/////////////// (as born on ebruar' +, +22;.

ur dau#hter


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Certificates of =ive irth are hereto attached and

marked as &nne!es 56 and 5C6 respectivel'*

. 1hat in the be#innin# of our marria#e, (e livedharmoniousl' as husband and (ife and parents to

our children until later part that the m' husband had

sho(n and displa'ed irrational behaviour not

e!pected from a mature and a responsible husband

and father to our children*

3. 1hat (hile he (as in &rmed orces of the Philippinesassi#ned at Camp onifacio, 1a#ui# Cit', he used to

re#ularl' #o home and visit us*

>. 1hat (hen he transferred his service to the PNP

startin# on ?arch +2)), he did not #o home alread'

and spare sometime to visit us, (orst is he did not

even send support to us*@. 1hat " have sent letter addressed to the former PNP

Chief PD< &lan Purisima reAuestin# for sub-allotment

of allo(ances intended for our t(o 8+9 children, cop'

of (hich is hereto attached as &nne! 5D6*

;. Be both ended up in enterin# into a ?emorandum of

reement (hich e!ecuted on eptember )3, +2)%at ?anila, Philippines (ith a stipulation that m'

husband shall #ive a total amount of ive 1housand

8P,222.229 Pesos per month divided as 1(o

1housand ive 4undred 8P +,22,229 for ever' child

and additional 1(o 1housand 8P +,222.229 Pesos for

childrens education, cop' of the said ?emorandumof reement is hereto attached and marked as

&nne! 56*

)2. Despite this a#reement, m' husband continuousl'

failed to compl' to his undertakin#s because he

failed to #ive the amount a#reed upon as a support*


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)). " (as constrained to seek le#al assistance from

the Public &ttorne's ffice 0 //////////////

(hich immediatel' assisted me b' preparin# andsendin# a Demand =etter reAuestin# that the amount

even 1housand 8P >,222.229 Pesos shall be directl'

deducted from the net pa' of m' husband and the

amount be sent to me in a form of a check. 1he

same reAuest is not 'et acted upon until this ver'

moment, cop' of the said letter is hereto attachedand marked as &nne! 56*

)+. 1hat his act of continuous failure to #ive support

since the 'ear +2)) tantamount to economic abuse

(hich is defined under R.& ;+3+ or Eiolence ainst

Bomen and their Children as:

"Economic abuse"refers to acts that make or attempt tomake a woman financially dependent which includes, but is not limited

to the following:

1. Withdrawal of financial support or preventing the victim

from engaging in any legitimate profession, occupation,

business or activity, except in cases wherein the other

spouse/partner objects on valid, serious and moral

grounds as defined in rticle !" of the #amily $ode%

xxxxxxxxx.&

)%. " have been hearin# rumors that m' husband

has been romanticall' en#a#ed and cohabitin# (ith

another (oman in acolod. ecause of this, " did an

effort to confirm the said rumors. Fntil " found out,to m' surprised, that he is alread' married (ith

another (oman in the name of ?ar' aith . DiGon

on &u#ust +7, +2)), cop' of their Certificate of

?arria#e is hereto attached as &nne! 5


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)7. 1hat althou#h the respondent is le#all' married to

the complainant and the marria#e is le#all'

subsistin#, he contracted subseAuent marria#e (hichis a violation of &rticle %7; of the Revised Penal

Code,pertinent provision of the la( is Auoted

hereunder, to (it:

Article 349. The penalty of prision mayor shall be imposed

upon any person who shall contract a second or subsequent marriage before

the former marriage has been legally dissolved, or before the absent spouse

has been declared presumptively dead by means of a judgment rendered in

the proper proceedings.

). 1hat this act of marr'in# another (oman and

cohabitin# (ith several (omen caused substantial

and emotional distress to me and our children (hichis violation of para#raph 8h9 ection of R.& ;+3+*

)3. ?oreover, (e suffer and continuousl' sufferin# of

mental and emotional an#uish, public ridicule and

humiliation (hen he had contracted subseAuent

marria#e and denial of financial support to ourchildren (hich is a violation of para#raph 8i9 ection

of R.& ;+3+*

)>. 1hat this act of m' husband is a #ross misconduct

(hich tarnishes the reputation of Philippine National

Police*

)@. 1hat because of this criminal act and #ross

misconduct, m' husband deserves to suffer from

conseAuences of his act and be dischar#ed from

service so as not to allo( a person like him to tarnish

the ima#e of the entire PNP and shall serve as an


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e!ample that similar acts cannot be done b' other

members of the PNP*

);. 1hat this criminal complaint is (ithout preHudice offilin# a separate criminal complaint for bi#am'* and

+2. 1hat " cause the preparation of this affidavit to

support m' complaint.

"N B"1N B4R, " have hereunto set m' hand

this ____________________ at ____________,Philippines.

GUIAMALIA KENENGKOComplainant-&ffiant

SUBSCRIBED AND S%ORNto before me this _______da' of eptember +2).

_____________________ Cit' Prosecutor

Documents

Sample Complaint Affidavit for Violation of RA 9262