Complaint Final

March 28, 2015

Hon. Grace LeeCity ProsecutorOffice of the City ProsecutorMandaue City HallMandaue City, CebuPhilippines, 6000

Greetings!

I am respectfully filling a complaint for violation of R.A. 9262 against:

PEDRO S. MERCEDESOF

WIRELESS SUBANGDAKU, MANDAUE CITY

For causing physical abuse to me, his wife, and for causing or likely to cause mental or emotional suffering to my daughter, the respondent has violated Section 5(a) and (h) of R.A 9262, both of which are punishable under law.

The facts and circumstances of the case are narrated by me through a complaint-affidavit with annexes and an affidavit of witnesses that I have attached and submitted together with this cover letter.

Thus, in pursuant to the Rules of Criminal Procedure, as amended, it is requested that a preliminary investigation be conducted in accordance with the said rules and procedure and after determining probable cause of the crime charged, an INFORMATION for violation of R.A 9252 against the above mentioned respondent be filed in the proper judicial court.

Thank you very much and Godspeed.

Yours Truly,

MARIA M. MERCEDESComplainantWireless SubangdakuMandaue City, Cebu

REPUBLIC OF THE PHILIPPINES)

CITY OF MANDAUE . . . . . . . . . )S.S.

COMPLAINT-AFFIDAVIT

I, MARIA M. MERCEDES, of legal age, a teacher, and a resident of Wireless Subangdaku,Mandaue City, Cebu, after having been duly sworn in accordance with law, do hereby depose and state:

That YDREL C. OBSIOMA, is the counsel who conducted and supervised my examination as a complainant at his office at C.D. Seno St., Brgy. Tipolo, Mandaue City, Cebu.

That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury;

The following are the questions asked by Atty. Ydrel Obsioma and my answers in the English language:

Q1: Are you the same Maria M. Mercedes, the private complainant in the case for violation of R.A 9262 pending before the Regional Trial Court, Branch 3 of Mandaue City, Cebu?A1: Yes, Sir.

Q2: Do you personally know the accused in this case, Mr. Pedro S. Mercedes?A2: Yes, he is my husband, Sir.

Q3: Where were you on December 22, 2014 at about 9 pm in the evening?A3: I was in our house at Wireless Subangdaku , Mandaue together with my daughter, Juana Mercedes, Sir.

Q4: What transpired during this time?A4: This was the time that my husband came home very drunk.

Q5: How often was your husband drunk?A5: He became a habitual drinker just a year ago. He would get home from work usually drunk, due to excessive use of alcoholic drinks. During this time, he was also frustrated at me because I would not give him money,

money that I saved for my daughter’s tuition. Thus, he threatened me that if after he went out to drink, he would beat me up to put me in my place.

Q6: With your husband returning from his drinking session, what transpired next?A6: He immediately dragged me into our room and punched me twice on the upper right part of my abdomen and slapped me several times.

Q7: During this time, what was your daughter doing?A7: She was crying, screaming for her father to stop, but it was of no use.She then was sitting in the corner, her eyes could not believe what she saw. As a mother, it was painful to watch my daughter witness such abuse.

Q8: At that point, what did you do?A8: I was crying, pleading for help. Seeing that my husband is 6’6 tall,has strong muscles and I a frail woman standing 4’11 could not do anything to defend myself.

Q9: Did anyone come to your aid?A9: Luckily, a tanod was nearby when I called for help. He was able to hear my plea and was able to stop Pedro from inflicting further harm on me.

Q10: And then, what happened next?A10: I had a hard time standing up due to the pain in my abdomen. The tanod helped me stand up and accompanied me to the nearest hospital to get checked, while my daughter was sent to my parents to get consoledand stayed there temporarily while I was recuperating from my injuries.

Q11: What were the findings of the doctor?A11: The blunt force inflicted was so strong that it caused hematoma and ruptured the big blood vessels of the liver. I needed an immediate operation and stayed at the hospital for three (3) weeks. The doctor advised me to rest for three (3) months for the wounds and stitches to heal, and at this point, I was having a hard time standing up, worst I could not go to school to teach my students.

Attached to this Judicial Affidavit is an original copy of the medical certificate herewith attached as “Annex A”

Q12: Who was the one who issued this medical certificate?

A12: It was issued and signed by the same physician who attended me and operated on me, Dr. Paul Mabelin of Mandaue District City Hospital.

Q13: Where was your daughter at this point?A13: She stayed at my parents. However, after the incident there was a period of time that she could not talk.She went through checkup and was referred to a child Psychologist and Psychiatrist for counseling and rehab.

Q14: Who were the Psychologist and Psychiatrist that attended her?A14: It was Collen C. Casinabe, the Psychologist and Dr. Jigs C. Brobo, the Psychiatrist.

Attached to this Judicial Affidavit is an original copy of the findings of the Psychologist herewith attached as “Annex B”and the medical certificate issued by the Psychologist herewith attached as “Annex C”

Q15: Do you have anything more to add, Ms. Mercedes?A15: That would be all, Sir. I would now like to go home and rest.

May it be made known that I am executing this affidavit to establish the fact that I was physically abused by Pedro S. Martinez of Wireless Subangdaku, Mandaue and my child suffered psychological trauma from the said incident. And this affidavit is executed to support my complaint for violation of R.A 9262 done against me and my child.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27 th

day of March 2015 at Mandaue City, Philippines.

MARIA M. MERCEDES Affiant

SUBSCRIBED AND SWORN to before me, this 27th day of March 2015 at Mandaue City, Cebu, Philippines. The affiant exhibiting to me her GSIS ID No. 2313123-42 issued at Mandaue City on December 13, 2014. I HEREBY CERTIFY that I have personally examined the above-named affiant and that I am satisfied that the foregoing statements were given by her freely, voluntarily and understood the same.

ATTY. YDREL OBSIOMADoc. No.____ Notary Public

Page No.____ Commission Serial No. 23456Book No.____ Until December 31, 2015Series of 2014 Roll of Attorney 50032

IBP No. 23418/12/13/2013/CebuPTR No. 09876/12/01/2014/CebuMCLE Compliance No. 43432

ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a lawyer, of legal age and residing at UN Ave., Brgy.Umapad, Mandaue City, after having been sworn to and in accordance with the law do hereby depose and say:

I. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that complainant, Maria M. Mercedes, gave;

II. That I have not, nor any other person present or assisting coached the complainant regarding the latter’s answers;

III. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.

YDREL OBSIOMA Counsel for the Complainant

SUBSCRIBED AND SWORN to before me this 27th day of March at Mandaue City, Cebu.

ATTY. VALFRED QUENIAHANDoc. No.____ Notary PublicPage No.____ Commission Serial No. 234567Book No.____ Until December 31, 2015Series of 2014 Roll of Attorney 200132




AFFIDAVIT

I, NIKO S. YU, of legal age, Filipino, married and presently residing at Wireless Subangdaku, Mandaue City, Cebu, Philippines, after having been duly sworn to in accordance with law, hereby depose and say:

1. That I am assigned as a Barangay Tanod of Subangdaku, Mandaue City, Cebu Philippines for a year already;

2. That sometime on December 22, 2014 at around 9:00 o’clock in the morning while performing my function as a Barangay Tanod of said barangay, when I heard a commotion inside a house.

3. The when the house was five (5) feet away from me, I saw through the windows, a man slapping her wife several times till she cried for help;

4. That out of my sympathy to the woman, I immediately entered the house and stopped the man from inflicting more injuries to the woman.

5. That the name of the woman that was being physically abused by the man of huge body structure is MARIA M. MERCEDES and the name of the man who physically abused her is PEDRO S. MERCEDES

6. That I am executing this affidavit in order to establish the foregoing fact and to support the complaint of MARIA M. MERCEDES against PEDRO S. MERCEDES for violation of R.A 9262.



NIKO YU Affiant

SUBSCRIBED AND SWORN to before me, this 27th day of March 2015 at Mandaue City, Cebu, Philippines. The affiant exhibiting to me his Driver’s License No. 1232343 issued on November 23, 2014 at Mandaue City. I HEREBY CERTIFY that I have personally examined the above-named affiant and that I am satisfied that the foregoing statements were given by her freely, voluntarily and understood the same.

ATTY. YDREL OBSIOMADoc. No.____ Notary PublicPage No.____ Commission Serial No. 23456Book No.____ Until December 31, 2015Series of 2014 Roll of Attorney 50032


ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a lawyer, of legal age and residing at UN Ave., Brgy. Umapad, Mandaue City, Cebu after having been sworn to and in accordance with the law do hereby depose and say:

I. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that affiant, NIKO YU, gave;




SUBSCRIBED AND SWORN to before me this 27th day of March 2015 at Mandaue City, Cebu.


IBP No. 23218/12/23/2013/CebuPTR No. 09216/12/21/2014/Cebu

MCLE Compliance No. 43412



AFFIDAVIT

I, JUANA M. MERCEDES, 10 years old, student, and a resident of Wireless Subangdaku, Mandaue City, Cebu, after having been duly sworn in accordance with law, do hereby depose and state:

That YDREL C. OBSIOMA, is the counsel who conducted and supervised my examination as a complainant at his office at C.D. Seno St., Brgy. Tipolo, Mandaue City, Cebu.

That I am answering the questions herein voluntarily, whereby as a minor, Atty. Ydrel Obsioma explained to my duty to tell the truth about the things I perceived and that I may be criminally liable for false testimony or perjury;

The following are the questions asked by Atty. Ydrel Obsioma and my answers in the English language:

Q1: Are you the same Juana M. Mercedes, daughter of Maria M. Mercedes?A1: Yes, Sir.

Q2: Do you personally know the accused in this case, Mr. Pedro S. Mercedes?A2: Yes, he is my dad, Sir.

Q3: Where were you on December 22, 2014 at about 9 pm in the evening?A3: I was watching tv together with my mom at our house.

Q4: What transpired during this time?A4: Daddy arrived home, was drunk and he beat up mommy. I told him to stop but he would not do so

Q5: How often is your father drunk?A5: He usually comes home drunk. But when he does, mommy asks me to sleep ahead of time so that I can come to school on time the next day.

Q6: After your dad beat up your mom, what did you feel?A7: I was mad at dad, but I was also afraid of him. What if he would go after me next. I could not understand my feelings. I was shaking without reason and everytime I remember dad, I get anxious and thus, I would not talk because he might get mad and come after me and my mom.

Q7: How was your mom afterwards?A7: Mommy was injured so bad, I was afraid she would die. That thought keeps on playing on my mind. But I was also afraid that dad would do the same to me if I talked to the cops. So I did not talk to anyone.

Q8: Do you know Jigz Brobo and Coleen Casinabe?A8: Yes, they are my new friends. We would always play and they would tell me stories. I too would share them stories. They are kind to me, so I was not afraid of talking to them. They also told me that they would protect me from daddy.



JUANA M. MERCEDESAffiant

SUBSCRIBED AND SWORN to before me, this 27th day of March 2015 at Mandaue City, Cebu, Philippines. The affiant exhibiting to me her Passport issued by the Department of Foreign Affairs Manila on 17 th of May 2014 at Roxas Blvd, Manila. I HEREBY CERTIFY that I have personally examined the above-named affiant and that I am satisfied that the foregoing statements were given by her freely, voluntarily and understood the same.

ATTY. YDREL OBSIOMADoc. No.____ Notary PublicPage No.____ Commission Serial No. 23456Book No.____ Until December 31, 2015Series of 2014 Roll of Attorney 50032


ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a lawyer, of legal age and residing at UN Ave., Brgy.Umapad, Mandaue City, after having been sworn to and in accordance with the law do hereby depose and say:

I. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that complainant, Juana M. Mercedes, gave;



IV. That I have fully informed the child of her the duty to tell the truth, and that the latter has executed this affidavit voluntarily.


SUBSCRIBED AND SWORN to before me this 27th day of March 2015 at Mandaue City, Cebu.



REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

7th Judicial RegionBranch 3

Mandaue City, Cebu

PEOPLE OF THE PHILIPPINES,Plaintiff,

-versus-

PEDRO SING Y MERCEDES,Accused.

x-- - - - - - - - - - - - - - - - - - - - - /

INFORMATION

The undersigned city prosecutor, upon the sworn complaint of the private offended party accuses, PEDRO S. MERCEDES for the crime of violation of R.A 9262 committed as follows:

That on or about December 22, 2014 around 9:00 in the evening at Wireless Subangdaku, Mandaue City, Cebu, Philippines and within the jurisdiction of this honorable court, the said accused entered their house drunk, dragged the private offended party to their room and willfully, unlawfully and feloniously physically abused the latter by punching her (2) twice and slapped her (7) seven times which caused the latter to be hospitalized for (3) three weeks and incapacitated her for work for (3) three months. In addition, by engaging in purposeful conduct of violence, the accused caused substantial emotional and psychological distress toward the child of the private offended party which caused the child to stop speaking, as a result and needed counseling from a Psychologist and treatment from a Psychiatrist.

This crime was committed with aggravating circumstances of abuse of superior strength and intoxication that is habitual and is intentional.

CONTRARY TO LAW.

Mandaue City, March 27, 2015

CRIM. CASE NO. 74712-00FOR: VIOLATION OF R.A 9262 (ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004)

CONCHITA PO Assistant City Prosecutor

Approved:

GRACE LEE City Prosecutor

BAILBOND RECOMMENDED: PHP 100,000WITNESSES:

1. Niko Yu – Barangay TanodWireless Subangdaku, Mandaue City, Cebu

2. Juana M. Mercedes – Daughter Wireless Subangdaku, Mandaue City, Cebu

CERTIFICATION

I hereby certify that I have conducted a preliminary investigation in the above-entitled case, having taken the testimony of the witnesses under oath, and the accused given the chance to submit evidence. On the basis of the evidence presented, there is a reasonable ground to believe that a crime violating R.A 9262 has been committed and the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him and was given an opportunity to submit controverting evidence.

CONCHITA PO Assistant City Prosecutor

SUBSCRIBED AND SWORN to me this 27th day of March, 2015, in the City of

Mandaue, Cebu Philippines.

GRACE LEE City Prosecutor

Documents

Complaint Final