Crim. Case No: 43504-R NPS Docket No.: I-17-INV-19-0238 For: Violation of Sec. 5 (I) of R.A. 9262
Crim. Case No: 43504-R NPS Docket No.: I-17-INV-19-0238 For: Violation of Sec. 5 (I) of R.A. 9262
Crim. Case No: 43504-R NPS Docket No.: I-17-INV-19-0238 For: Violation of Sec. 5 (I) of R.A. 9262
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:
PRELIMINARY STATEMENT
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: 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 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: 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: 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: 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: 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: 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 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: 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”;
…………………………………………………….………………………….
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;
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.
By PERSONAL SERVICE:
Office of the Public Prosecutor
Baguio City