Crim. Case No: 43504-R NPS Docket No.: I-17-INV-19-0238 For: Violation of Sec. 5 (I) of R.A. 9262

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Republic of the Philippines

REGIONAL TRIAL COURT


First Judicial Region
FAMILY COURT IN CITIES
Branch 59
Baguio City

PEOPLE OF THE PHILIPPINES,


Plaintiff,

(MARIELLE ANNE QUILACIO),


Private Complainant, Crim. Case No: 43504-R
NPS Docket No.: I-17-INV-19-0238
For: Violation of Sec. 5(i) of R.A.
9262
-versus-

IVAN DOMINGUEZ QUILACIO,


Accused.
x--------------------------------------x

JUDICIAL AFFIDAVIT OF
SILVINO B. COMINGA JR.
PRIVATE COMPLAINANT, unto this Honorable Court,
respectfully submits the following JUDICIAL AFFIDAVIT of Silvino
B. Cominga Jr.,

Date of Examination:
Place of Examination: Lower Ground, Casa Vallejo Hotel
Upper Session Road, Baguio City_
Examining Counsel: Atty. Perlita L. Chan – Rondez___

OFFER OF TESTIMONY
The testimony of the witness is offered for the following
matters, to wit:

1. To prove that her daughter, herein private complainant


experienced several incidents of psychological suffering and
emotional trauma from herein accused;
2. To prove that accused abandoned his wife, my daughter,
Marielle Anne Coming Quilacio on August 7, 2018;
3. That the witness will identify all documentary exhibits
pertinent to their answer;
4. To testify on other matters relevant and incidental in this case.

PRELIMINARY STATEMENT

I, SILVINO B. COMINGA JR., of legal age, married to the


respondent, resident and with postal address at No. 34 Lower Rock
Quarry, Baguio as part of my testimony in the above-captioned
case, after having been duly sworn in accordance with law, hereby
depose and state that:

I am the Father of the Private Complainant in the above –


captioned case;

In relation to the above-entitled case, the counsel, Atty. Pinky


Chan-Rondez with an office address located at Serbisyo Abogado
Full Service Law Firm at Casa Vallejo, Lower Ground, Upper
Session Road, Baguio City (office), asked me questions which I
answered to the best of my ability, fully conscious that I did so
under oath and that I may face perjury and/or any criminal liability
for false testimony;

The questions asked by Atty. Chan-Rondez and the answers I


gave are as follows:

DIRECT EXAMINATION QUESTIONS:


Transcribed below are the questions propounded to and the
answers given by Silvino B. Cominga Jr., in English, a language
understood by the said witness-affiant, to wit:

Q: Sir Witness, do you know why you are here?


A: I am here to give my testimony in the case I filed by my daughter, herein
private complainant against her husband, herein accused.

Q: Please state your name and other personal circumstances for the record.
A: I am Silvino B. Cominga Jr., married, and with residence at
No. 34 Lower Rock Quarry, Baguio City. I am the father of herein
private complainant Marielle Anne Cominga – Quilacio and the grandfather of
Angel Trinnielou Quilacio.

Q: Do you know the accused in this case?


A: Yes.
Q: How did you know the accused?
A: He is my son-in-law. He is also the biological father of my granddaughter
Angel Trinnielou Quilacio.

Q: When did you first meet Ivan Quilacio, herein accused?


A: I First met Ivan Quilacio, sometime in February 2017 when our daughter
brought him at our house and introduced him as a friend and former schoolmate.

Q: How did you know of the relationship of your daughter Marielle Anne Quilacio
with his now husband, Ivan Quilacio?
A: They frequently went out on dates until September 2017. After a couple of
days, my wife informed me that Marielle and Ivan already planned to live in as
common law spouses.

Q: Did you approve of their decision to live together?


A: At first, I was hesitant. However, my daughter Marielle was already twenty –
three (23) years old at that time. She was already an adult who was capable of
making her own choices and I left it to them to decide.

Q: Where did your daughter and Ivan live?


A: they rented an apartment at Middle Rock Quarry, Baguio City

Q: Were you aware of what was happening during their cohabitation?


A: My daughter always went to us and told us that she always experiences verbal
abuse by Ivan when he is intoxicated. Then sometime in 2018 my daughter had a
bruise on her right arm, which was already bluish in color like it was hit by a blunt
object. Marielle told me that her bruise was caused by Ivan when he forcefully
shoved her after she tried to stop him from leaving their apartment causing her to
lose balance and hit her arm with a hard object.

Q: Upon hearing of that incident, how did you feel?


A: I was really mad and furious upon learning of what happened because it was
physical abuse on my daughter. Prior to their cohabitation I even warned Ivan to
never lay a hand on my daughter.

Q: Did Marielle and Ivan have any other difficulties during their cohabitation?
A: we, me and my wife learned that our daughter, Marielle was unable to pay their
apartment rent and had incurred other loans. Because of these financial difficulties,
Marielle and Ivan had to move from one apartment to another. It even happened
that Marielle and Ivan were evicted from their rented place even during the eve of
the night because of their inability to pay rent.

Q: How did you feel when you learned of what happened to the couple?
A: I was infuriated then upon knowing that Ivan was jobless and had several vices
such as smoking and drinking while Marielle was their sole provider. In fact, the
financial abuses and difficulties experienced by my daughter even became the talk
of town when it reached the QM Chapel where my wife served as a church leader.

Q: What other abuses did your daughter, Marielle, suffer from, that you have heard
of?
A: I learned from another devotee at our office who was at the same time the
landlord of Marielle and Ivan , who said “ Kawawa yang anak mo. Pagpasok niya
sa trabahao lumalabas na rin si Ivan para uminom at manigarilyo. Walang
trabaho. Umuuwi nalang kapag umuuwi narin ang anak mo, lasing pa.” (Your
daughter is a pity. Everytime she goes out to work (at night), Ivan will also go out
to drink and smoke. He even has no work. He would just go home (in the morning)
drunk, when your daughter is also out from her night work.

Q: Are there other incidents of abuse that Marielle suffered from, of which you had
knowledge of?
A: Yes. On March 13, 2018, Marielle texted me at about one o’clock in the
morning that she was at our front gate. When I went to her, she was already there
crying and telling me “Papa, wala ako magawa. Ganoon parin si Ivan. Kapag
nakainom siya mumurahin na lang niya ako kung gusto niya. Ako na lang
nagtratrabaho, nagluluto, naglalaba, at gumagawa ng lahat.” (Dad, I cannot do
anything. Ivan is still the same. When he is drunk, he would just curse me if he
wants to. I am the only one solely working, cooking, doing the laundry, and doing
all other things). Then after that incident, we found out that they got evicted again
from their rented place.

Q: What other difficulties did your daughter, Marielle, experience during her
cohabitation with Ivan?
A: I have learned that Marielle suffered a miscarriage, because of stress and from
the physical abuses that she would receive from Ivan whenever he was drunk.

Q: Is there a special occurrence that happened during the cohabitation of your


daughter, Marielle and Ivan?
A: Yes. They got married on May 7, 2018. Prior to their marriage, on April 16,
2018 my wife told me that Marielle and Ivan will be having a civil wedding, I then
thought that the probably their marriage would eventually fix things between them.

Q: Were there any reservations on your part towards the marriage of Marielle and
Ivan?
A: Yes. In fact, my wife really hesitated to push through the marriage because
there was no formal “pamamanhikan” (formal talk among the parties’ family
members prior to marriage) with Ivan and his family. I was also in doubt of Ivan
because of the past incidents that happened between him and my daughter,
Marielle. “Hindi kami boto kay Ivan. Hindi namin gusto ang ginagawa ng pamilya
niya at hindi magandang trato sa anak ko.” (We are not in favor of Ivan. We do not
like what he and his family is doing to and how they treat our daughter)

Q: Despite your hesitations about the marriage, it still pushed through?


A: Yes.

Q: How did the marriage push through?


A: A staff from the Local Civil Registry came with Marielle and Ivan asking us to
sign the Marriage Certificate so that Marielle and Ivan could get married. I was
obliged to sign since I felt that I could no longer do otherwise.

Q: Did you learn of your daughter’ and Ivan’s actual date of marriage?
A: No. they did not inform nor invite us when they got married.

Q: if you were invited to the wedding, would you go?


A: in fact, no. even if we were invited to our daughter’s wedding with Ivan, we
will not go. This is because we feel disrespected by Ivan’s parents and we did not
approve of Ivan for our daughter.

Q: What happened to Marielle and Ivan after their marriage?


A: after their marriage, they stayed with a relative of Ivan in Loakan, Baguio City.
Marielle continued working while Ivan was able to secure a job at Baguio Country
Club as member of the housekeeping.

Q: As you hoped for, that the marriage would somehow salvage their relationship
and make things better, did that actually materialize?
A: No. Their marriage did not change things and it even became worse.

Q: Can you elaborate on that Sir Witness?


A: What I mean is that Ivan would still continue his bad vices such as frequent
smoking and he would always get drunk. Ivan often drank with his friends after his
work and when he got home, he would curse my daughter and tell her “Utang ka
ng utang. Ang pamilya ko walang ganyan!”

Q: what happens when your daughter, Marielle and her husband, Ivan would fight?
A: Whenever they fought, Marielle would call us and tell us that she was hurt by
Ivan. She would be cursed by Ivan and often told “Balik ka na sa mga magulang
mo!” (go back to your parents!)

Q: Did Marielle decide to come back at your aid and live with you instead?
A: Yes. Because of their constant quarrels, Marielle came home to live with us
until she gave birth.

Q: on what specific date did Marielle return to your abode?


A: on august 7,2018. Ivan insisted on Marielle to leave their conjugal dwelling on
that particular day. This caused Marielle a lot of torment and emotional suffering
that on the same month of August 2018 she experienced bleeding wherein we had
to immediately bring her to the hospital and she was confined. Again we, her
family, incurred medical expenses for her aide.

Q: when Marielle bled, and had to be confined on August 2018, did her husband,
Ivan, come to visit her?
A: no. we even informed Ivan of what happened to his wife. Upon learning of what
happened to his wife, he promised to visit her after his duty at around eleven
o’clock (11:00) in the evening. But he never appeared in the hospital.
Q; When did Marielle give birth
A: Marielle gave birth on January 15, 2019 through Casearian – section at Notre
Dame Hospital, Baguio City.

Q: who paid for the incurred hospital bills when Marielle gave birth?
A: I paid partially for Marielle’s hospital bills from the money that I borrowed
from my sister, Sylvie Cominga

Q: Did Marielle give birth on the expected due date?


A: No. Marielle gave birth to our granddaughter Angel Trinnielou prematurely at
only six and a half (6 and ½) months.

Q: what happened after Marielle gave birth?


A: Angel Trinnielou, our granddaughter, had to be confined at Notra Dame
Hospital and be placed in an incubator until she reaches the minimum weight of
one and a half (1.5) kilos. The doctors also required Marielle to stay in the hospital
until her daughter is discharged because her presence as the mother of her newly-
born daughter was essential, and may be need anytime.

Q: Did Ivan or his family visit his wife, Marielle and their newly born daughter
Angel Trinnielou?
A: No. From the moment that Marielle was admitted in Notre Dame Hospital until
the time that she and her newly born daughter was discharged not a single soul
from Ivan’s family came to visit.

Q: Not even a representative from Ivan Quilacio’s family came?


A: None. There was however one incident on Janury 30, 2019 when a woman who
introduced herself as one “Baby Luzano” manifested her interested to pay Seventy
– Five thousand (P75,000.00) of the incurred hospital bills. But we refused to let
her pay because she was unknown. She did not even bother to present any
documents that will show or prove that he was paying for and in behalf of Ivan
Quilacio, clearly she was unauthorized to pay the above- mentioned amount.

Q: if it was Ivan, or any member from his family, or any authorized representative
who would have otherwise tendered interest to pay the hospital bills, would you
ahev accepted it?
A: If only Ivan or his family could have first contacted us or our lawyer first, then
yes. They could have at least shown love or attention to our newly – born
granddaughter whom we fondly call “Angel”;

Q36: I have no further questions. Do you have anything to add or


retract from, Sir Silvino B. Cominga Jr.?
A36: No, Ma’am.

Q37: Are you willing to sign your Judicial Affidavit?


A37: Yes, Ma’am.

…………………………………………………….………………………….

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this


____________________, in ____________________.

Silvino B. Cominga, Jr.


Affiant

SUBSCRIBED AND SWORN before me, this ______________, in


the City of Baguio, Silvino B. Cominga, Jr.whose signature above
appears presented to me his ___________________ bearing the nos.
____________________ issued at __________ issued on ______________.

ATTY. PERLITA L. CHAN- RONDEZ


Counsel for Petitioner

SWORN ATTESTATION
I, Atty. Perlita L. Chan – Rondez of legal age, married, with
office address located at Lower Ground, Casa Vallejo Hotel, Upper
Session Road, Baguio City, on oath depose and state that:
1. I was the lawyer who conducted the examination of the
witness Janice Katrina Orquia – Castelo, RN,RPm at my
aforementioned office in Baguio City;

2. I have faithfully recorded or caused to be recorded the


questions asked and answers given above; and

3. I nor any other person then present or assisting me coached


the witness regarding his answers.

ATTY. PERLITA L. CHAN- RONDEZ


Counsel for Petitioner

SUBSCRIBED AND SWORN before me, this_________________,


in the City of Baguio, Perlita Chan - Rondez, the person whose
signature above appears presented to me her IBP ID with Roll of
Attorneys No. _______ issued on _____________ at ______________.

Doc No. ____;


Page No. ___;
Book No. __;
Series of 2020.

EXPLANATION OF SERVICE
Due to distance and lack of manpower and geographic
distance, a copy of the foregoing Judicial Affidavit of Janice Katrina
Orquia-Castelo will be served through registered mail.

ATTY. PERLITA L. CHAN-RONDEZ


Copy furnished:

IVAN DOMINGUEZ QUILACIO


Accused
# MA 050 Puguis, La Trinidad
2601 Benguet

By PERSONAL SERVICE:
Office of the Public Prosecutor
Baguio City

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