Republic of the Philippines}

City of Tanjay } S.S.

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AFFIDAVIT

I, Carmelo Capilla y Vera, of legal age,

married and a resident of Brgy. 4, Tanjay City,
Negros Oriental, after having been duly sworn to, in
accordance to law, do hereby, under OATH depose and
state:

1. I am a seaman or seafarer by profession

since the year 2002 and legally married to
Juliet Villafuerte-Capilla as shown in our
Marriage Contract. Annex A, Marriage
Contract is hereto attach and made an
integral part of this case;

2. During our marriage, we were not

fortunately blessed by a child within our
union attributed to my low sperm count;

3. On May 17, 2005, while on board, my wife

informed me that she will be adopting a
baby boy who was later named as Client
John. Because of my inability to produce a
child, I really agreed to my wife’s
decision;

4. I inquired to my wife if we would not

encounter any impediments in adopting a
child which she replied that there is
nothing to worry about since she will be
the one to process all the necessary
requirements needed for the adoption of the
child;

5. Since then we took care of the child and

treated him like our biological child. When
I went home after months of duty, I was
made to sign a document or a birth
certificate thinking that we are able to
comply with all the requirements of the
law;

6. On October 2017, while I was in my regular

tour of duty, I received several reports
from friends and neighbors that my wife was
 frequently seen in the company of another
man.

7. On November 2, 2017 I received an

information from my cousin, Noel Dinawanao
who is working in our refilling station
that my wife was seemingly having an
illicit relationship with another man; Kita
ka?

8. With this predicament, I felt betrayed and

it caused my life at the sea unhappy. The
reports brought me sleepless nights;

9. The anxiety has become unbearable so I

informed my ship captain of my problem and
asked him to allow me to go home early to
meet my family and verify the reports;

10. I arrived at our residential abode in

Brgy. 4, Tanjay City, Negros Oriental at
about 7:30 p.m. of November 10, 2017 but
was unable to enter the house as the gates
were closed nobody was around;

11. I hid myself on the dark area near our

house and patiently waited for my child and
wife to arrive.

12. At about 1:15 a.m. early dawn of the

following day, November 11, 2017, my son
and wife arrived on board our service
vehicle;

13. Both disembarked and my son proceeded to

open the door and entered the house while
my wife was left behind as she was talking
to someone over her cellular addressing the
person on the other end as “langging” and
thereafter, she uttered the phrase “I love
you“;

14. Upon hearing such endearment, I

blindsided my wife discreetly maneuvering
behind then I hugged her and took the
cellular phone from her hands. My wife was
clearly surprised and was shocked when she
knew that I came home;
15. I listened to her cellular phone and
heard a male voice saying “langging mo
check-in napud ta ugma kay banatan napud
tikaw ug maayo”

16. My wife tried to grab her cellular phone

from me in order to regain;

17. My wife then shouted to me in front of

our child saying”
_________________________;

18. I asked several neighbors to call for

police assistance because my wife became
more enraged while heading inside our
house;

19. Police personnel then arrived and after

having a conversation with them, I
signified my intention to pursue legal
action against my wife and they in turn
advised me to come and visit the police
station that pertinent documents can be
prepared for the filing of changes;

20. After the responding policeman had left,

my wife came out of the house and started
another round of scandalous acts and
utterances. Fed up and frustrated, I made
my headed to our neighbor’s house but my
wife followed me and violently grabbed of
my backpack where I placed all my
belongings during my travel towards;

21. The items that where placed inside my

back pack are the following: Laptop worth
thirty thousand (30,000.00) pesos, five
thousand ($5,000.00) dollars cash, Lenovo
cellular phone worth ten thousand
(php10,000.00) pesos, two (2) hard drives
worth four thousand (php4,000.00) pesos
each, one (1) BL Bluetooth speaker worth
two hundred twenty ($220.00) dollars, three
(3) USB flash drives worth five hundred
(php500.00) pesos each, Identification
Cards, receipts of the items placed inside
my bag and other important documents;

22. I pleaded to my wife for her to return to

me the backpack after informing her the
contents thereof;
23. Upon learning of the contents, my wife
assaulted me and tried to pull away my
backpack causing me to fall on the ground
and eventually my wife succeeded in taking
the backpack and dash off;

24. I went back to the house to check on my

son. I interviewed my son as to the
activities of her mother. My son informed
me that he and her mother would frequently
go to Dumaguete City and with Serafine
Morante a.k.a. “Junjun” in company.

25. My son averred that it has been a routine

that her mother and Serafine Morante a.k.a.
“Junjun” would leave him at Robinsons store
to play video games all day and the duo
would later come back at the end of the
day. My son even mentioned one incident
wherein Robinsons store was about to close
and that her mother and Serafine Morante
a.k.a. “Junjun” did not came back. It was
hours later that only Serafine Morante
a.k.a. “Junjun” came and took him. My son
saw her mother and Junjun fed each other
saying sweet words like “langga and I love
you langga” while inside the car;

26. I made several other inquiries whereupon

I established that said Serafine Morante
a.k.a. “Junjun” is a foreman on a
construction at the corner of Mabini and
Jose Romero Streets in Tanjay City. I went
to the construction site at around 6:00
a.m. that date and after talking to their
time keeper and other co-workers, the time
keeper informed me that Serafine Morante
a.k.a. “Junjun” had left the site at 5:00
a.m. of the same date bringing all his
articles of clothing and other belongings;

27. With the information received, I lost all

hope of getting back my backpack especially
the documents needed for my job thinking
that my wife and Serafine Morante a.k.a.
“Junjun” left for good that very instant;

28. Before I decided to go home, I and Pedro

Dinawanao walk along Romero St., Tanjay
 City, Negros Oriental, I saw my wife with
my backpack slung on her right shoulder;

29. I ran towards her stead and shouted at my

wife demanding her to return my backpack.
All of a sudden, a male person from the
other side crossed the street, grabbed and
held my hand of my wife and they both
hurriedly walk together trying to get away
from me;

30. I clearly saw the my wife and Serafine

Morante clutching my Lenovo Cellular phone
in one hand and a travelling bag slung in
his shoulder. I am certain that I said
person was Serafine Morante a.k.a.”Junjun”
as he fits the description given by my son
and from my other sources;

31. I pursued in caution as Serafine Morante

a.k.a “Junjun” was kept glancing behind.
Upon seeing me, Serafine Morante a.k.a
“Junjun” pulled out a metallic object or
some sort of a weapon from his travelling
bag, pointed the same at me and shouted
threatening words in Visayan lingo, to wit:
“mosunod pa gani ka, disgrasya gyud ka
aron!”, thus, successfully prevented me
from recovering backpack and all the
contents thereof by employing threats and
intimidations to include my Lenovo cellular
phone that was already in his possession;

32. I was taken aback and had to think twice

for my own safety although I continued my
pursuit when they made left turn from the
national highway towards Legaspi Street;

33. I reach the corner, my wife and Serafine

Morante a.k.a. “Junjun” were no longer in
sight and my further search for them
yielded negative.

34. I executed this sworn affidavit to attest

to the veracity of the foregoing statements
pertinent and in support for the filling of
appropriate charges against the suspects
before the proper court;