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 PROSECUTOR YDREL C. OBSIOMA, is the counsel who conducted and supervised my examination as a complainant at his office at Mandaue City District Office, Ground Floor, Hall of Justice, 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 Prosecutor 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 is a habitual drinker. 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 daughters 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 66 tall, has strong muscles and I a frail woman standing 411 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 consoled and 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 marked as Exhibit 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 marked as Exhibit B and the medical certificate issued by the Psychologist marked as Exhibit 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 27th day of March 2015 at Mandaue City, Philippines.

MARIA M. MERCEDES Complainant

SUBSCRIBED AND SWORN to before me, this 27th day of March 2014 at Mandaue City, Cebu, Philippines. The affiant exhibiting to me her Passport issued by the Department of Foreign Affairs Manila on 15th of April 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.

YDREL OBSIOMA Prosecutor II OPP-CEBU

ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a prosecutor, 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 latters answers;III. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.

YDREL C. OBSIOMA

SUBSCRIBED AND SWORN to before me this 27th day of December 2014 at Mandaue City, Cebu.

CONCHITA R. PO Notary Public Commission expires on December 31, 2015 PTR No. 906760 issued Jan. 3, 2014 IBP No. 918300 Roll No. 13466 MCLE Complance No. 312312

December 28, 2014

Hon. Grace LeeProvincial ProsecutorPalace of JusticeCapitol Site Cebu City

Good Day!

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

PEDRO S. MERCEDESOFWIRELESS SUBANGDAKU, MANDAUE CITY

For causing physical abuse to me, her wife, the respondent has violated Section 5 (a) of R.A 9262. Further, for causing or likely to cause mental or emotional suffering to my daughter, the respondent has violated Section 5 (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.

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 oclock 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. MERCEDES6. That I am executing this affidavit in order to establish the foregoing fact and to support the complaint of MARIA M. MERCEDES for Violation of R.A 9262 against PEDRO S. MERCEDES.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th day of December 2014 at Mandaue City, Philippines.

NIKO YU Affiant

SUBSCRIBED AND SWORN to before me, this 27th day of December 2014 at Mandaue City, Cebu, Philippines. The affiant exhibiting to me his Drivers License issued on November 23, 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.

YDREL OBSIOMA Prosecutor II OPP-CEBU

ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a prosecutor, 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:

IV. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that affiant, NIKO YU, gave;V. That I have not, nor any other person present or assisting coached the complainant regarding the latters answers;VI. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.

YDREL C. OBSIOMA

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT7th Judicial RegionBranch 3Mandaue City, Cebu

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

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, 2015WITNESSES:

JUANA M. MERCEDES NIKO S. YU

YDREL OBSIOMA City Prosecutor

CERTIFICATIONI hereby certify a preliminary investigation has previously been conducted in this case under my direction, having examined the witnesses in accordance with the provisions of R.A. No. 5180, as amended by P.D. No. 77, Dec.6, 1972 and P.D. 911, March 23, 1976 and as implemented by Dept. of Justice Circular No. 74, series of 1967 and Circular No. 23, series of 1975.

YDREL OBSIOMA Assistant Prosecutor

SUBSCRIBED AND SWORN to me this 27th day of March, 2015 by YDREL OBSIOMA, assistant prosecutor of Mandaue City.

BARON GEDDON Judge, RTC of Mandaue City, Branch 3

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:(a) Causing physical harm to the woman or her child;(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:(1) Stalking or following the woman or her child in public or private places;(2) Peering in the window or lingering outside the residence of the woman or her child;(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and(5) Engaging in any form of harassment or violence;CIVILArt. 2205. Damages may be recovered:(1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury;

Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission.

REMEDIESSECTION 8.Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;(d) Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;(f) Granting a temporary or permanent custody of a child/children to the petitioner;(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.SECTION 9.Who may file Petition for Protection Orders. A petition for protection order may be filed by any of the following:(a) the offended party;(b) parents or guardians of the offended party;(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;(d) officers or social workers of the DSWD or social workers of local government units (LGUs);(e) police officers, preferably those in charge of women and children's desks;(f)Punong BarangayorBarangay Kagawad;(g) lawyer, counselor, therapist or healthcare provider of the petitioner;(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.SECTION 10.Where to Apply for a Protection Order. Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.SECTION 11.How to Apply for a Protection Order. The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:(a) names and addresses of petitioner and respondent;(b) description of relationships between petitioner and respondent;(c) a statement of the circumstances of the abuse;(d) description of the reliefs requested by petitioner as specified in Section 8 herein;(e) request for counsel and reasons for such;(f) request for waiver of application fees until hearing; and(g) an attestation that there is no pending application for a protection order in another court.If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.An application for protection order filed with a court shall be considered an application for both a TPO and PPO.Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.SECTION 12.Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

LIABILITY OF TANODSECTION 34.Persons Intervening Exempt from Liability. In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.