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
MARIELLE ANNE COMINGA - QUILACIO

PRIVATE COMPLAINANT, unto this Honorable Court,

respectfully submits the following JUDICIAL AFFIDAVIT of
Marielle Anne Cominga- Quilacio:

Date of Examination: August 18, 2020

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. That the witness is the wife of the respondent;

2. That the witness was inflicted with several physical injuries
by accused causing psychological suffering and trauma from
the respondent;
3. To prove that the respondent has refused and continuously
refuses to give financial, physical and emotional support to
the petitioner;
4. That the witness will identify all documentary exhibits
pertinent to their answer;

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 5. To testify on other matters relevant and incidental in this
case.
PRELIMINARY STATEMENT

I, Marielle Anne Cominga - Quilacio, 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 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 (Serbisyo Abogado), 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. Perlita 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 Marielle Anne Cominga - Quilacio (Marielle) in
English, a language understood by the said witness-affiant, to
wit:

Q1: Madam Witness, do you know why you are here?

A1: I am here to give my testimony in the case I filed against Ivan
Dominguez Quilacio (Ivan), herein accused.

Q2: Please state your name and other personal circumstances

for the record.
A2: I am Marielle Anne Cominga – Quilacio, 26 years old,
married, Filipino, and with residence at No. 34 Lower Rock
Quarry, Baguio City. I am a freelance worker, I am an Online
Seller.

Q3: Do you know the accused in this case?

A3: He is my husband.

Q4: (Showing the Marriage Certificate to the witness) What is this

document, Madam Witness?
A4: That is our marriage certificate.

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Manifestation: The counsel respectfully manifests before this
Honorable Court that the Marriage Certificate of Ivan
Dominguez Quilacio and Marielle Anne Cominga Quilacio be
marked as Exhibit “K”

Q5: How long have you been married?

A5: Two years to date.

Q6: How many kids did you have with the accused, if any?
A6: One living, before that I suffered a miscarriage.

Q7: (Showing the Certificate of Live Birth of Angel Trinnielou

Cominga Quilacio “ATCQ”) What is this document, Madam
Witness?
A7: That is our daughter’s Certificate of Live Birth

Manifestation: The counsel respectfully manifests before this

Honorable Court that the Certificate of Live Birth of Angel
Trinnielou Cominga Quilacio be marked as Exhibit “L”

Q8: Describe your relationship with your husband.

A8: The first few months of our relationship was harmonious. We
already lived - in prior to marriage, I even became pregnant but
suffered a miscarriage. But eventually things did not get any
better for the both of us and currently we have already separated-
in-fact

Q9: How did you get to know your husband?

A9: I have known my husband since we were in High School.
Sometime in 2017, we met again in a party. After that incident we
went out together and entered into a relationship by March 9,
2017.

Q10: Is there anything special that happened during your

relationship?
A10: By April 2017, I found out that I was pregnant but suffered
a miscarriage in May 2017 where I was hospitalized at the Baguio
General Hospital.

Q11: How was your family towards your relationship?

A11: My family was there doubtful of our relationship but they
never lacked support.

Q12: How was your husband’s family towards your relationship?

A12: I found out that my husband’s parents were hostile to me
and were disapproving of our relationship. His parents even

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threatened him that he will be disowned if he will not separate
from our relationship.

Q13: Did you and Ivan continue your relationship even after his
parent’s threat of disowning him?
A13: We broke up by mid-September 2017. I tried to make
amends with his parents but to no avail since I was not even
allowed to enter their house.

Q14: Did your relationship end then?

A14: Our relationship continued. After I went to their house in
September 2017 we no longer had any communication. However,
after two (2) weeks, we decided, without his parent’s knowledge
nor approval to patch things up.

Q15: What happened after you fixed your relationship?

A15: We decided to live in together by January 2018 after we had
a commotion with his parents on December 2017.

Q16: Were you and Ivan in good terms with your parents then?
A16: My mother eventually found out that we were living together
without the benefit of marriage, she got mad so Ivan and I
decided to get married.

Q17: When did you and Ivan marry?

A17: We married on May 7, 2018.

Q18: You decided to marry Ivan despite his previous actuations

and assaults on you?
A18: I married Ivan because he promised me that he will change.
Actually, after marriage he seldom went out with his friends to
have a drinking spree, he even landed a job at the Baguio
Country Club as part of the housekeeping department.

Q19: After your marriage and when Ivan eventually landed a job,
did things between you get better?
A19: At first, I can say that things were better than before.
However, since he was only receiving a salary of six thousand
(6,000.00) pesos a month and I was jobless then, the money he
earned can barely support us.

Q20: you said you were jobless after your marriage, how come?
A20: Ivan wanted us to have another baby again after I suffered a
miscarriage. So, I had to have a pregnancy work-up which means
I have to refrain from stressful work such as my previous night
shift job at the call center company where I used to be with.
Hence, I resigned.

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Q21: Did you and Ivan successfully have another baby then?
A21: We did, on July 23, 2018, I found out that I had a second
pregnancy. I went to Dra. Annacel Rhea Jara where she initially
thought I was bearing twins but turned it out to be a single
pregnancy as she mistook a cyst as another baby.

Q22: How did Ivan react to the news that you were pregnant and
the thought of you together having twins?
A22: He was ecstatic and happy. Without me knowing, he
immediately told his family that we were having twins. When it
turned out that we only had one baby. He thought that I
deliberately misled him and lied about us having twins. So, he
and his family become angry at me again. In fact, after this
incident, Ivan distanced himself from me again and the verbal
assaults I get from him started once more.

Q23: Can you give an example of verbal assaults you would

receive from Ivan?
A23: On days he would say things like “Lastog ka! Awan
sirsirbim, naikamang ka lang, ang tanga tanga mo” (Liar! You are
useless, you only got married to me, you are so stupid)

Q24: How did you deal with the situation then?

A24: I cannot make ends meet. I was out of work. Ivan was not
earning much and I had to do something for us so as not to suffer
hunger and be evicted from our rental place.

Q25: Then what or whom did you resort to?

A25: I had to borrow money, it was all that I can do then for us to
surpass the days. I cannot return to work for fear that I might
lose my baby again. I had to find a way to sustain us along with
the additional medical expenses for my pregnancy. I borrowed
from ex-workmates.

Q26: Did you tell Ivan that you were borrowing from others?
A26: I did not tell Ivan that I was borrowing money from others. I
was afraid to do so for fear of what he might feel but eventually he
found out and that was the toll of our relationship.

Q27: You mentioned that upon Ivan’s knowledge of your

indebtedness, it became the toll to your relationship?
A27: On August 7, 2018 he came home drunk at around 3:00
A.M. It was still so early he lambasted me in our home. I was
scared, I got a lot of scolding from him that I felt humiliated, torn
and uncared for. He scolded me again with the same things that
he would often tell me “nakakahiya kung malaman ng iba na
asawa kita tapos kung kani kanino ka umuutang!!!!!”,
“nakakahiya ka. Asawa ni Ivan nangungutang. Nadadamay
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apeliyedo name saiyo. Naikamang ka laeng”; (It would be a shame
if others would know that you are my spouse, yet you are
borrowing from several people!) (You are a shame. The wife of Ivan
is in debt. You were just married to me)

Q28: How did these verbal assaults make you feel?

A28: I felt unloved, and totally worthless to him.

Q29: Are there other things that Ivan told you after he learned of
your indebtedness?
A29: He said“pagod na ako !”, “nalalaman ko nalang sa iba na
may utang ko”. (I am already tired, I have just learned from
others of your indebtedness) I quickly defended myself and
asserted “ginagawa ko lang naman iyon, kasi iniiwas ko na
mstres ka” (I only do that so that you will not become stressed).
As I said earlier, since I did not have any means of income and
the wage of Ivan could not even meet our needs (i.e: payment for
utility, rent, supplies) I was forced to borrow money from others.

Q30: Did Ivan eventually calm down and understood why you
had to borrow money?
A30: He was so mad and irate that he keeps on insinuating
“hindi sanay ang pamilya ko na may utang” (my family is not
used to being indebted). I replied “hindi naman ako uutang, kung
hindi naman kailangan eh!”, “wala na tayo makain” (I will not
borrow money if it was not needed, we no longer have anything to
eat!). “kung kasing yaman ko lang ang pamilya mo, hindi na ako
uutang” (if only I was rich as your family then I will never have to
borrow money).

Q31: Did Ivan respond to you?

A31: That same morning of August 7, 2018 Ivan just said with
finality “Pagod na ako, umuwi ka na sa magulang mo” (I am tired,
go back to your parents); he furthered, “Pumanaw kan” (go away)

Q32: When Ivan drove you away, what was your recourse?
A32: I thought Ivan was only drunk when he reprimanded me to
return to my parents. I was shattered since I was only on my first
trimester (two months) of pregnancy and had no place to go. I
pleaded to him but he remained deaf to my pleas. I cannot do
anything but to heed his call. I just packed my belongings and
requested my father to fetch me. To add insult to the Injury he
even told me that he doubts that the child I was bearing was his,
he kept on insisting that I cheated on him which caused me
aggravated pain. Still, during those time, I did not want to just
give up on our marriage.

Q33: Where did you go after you were fetched by your father?
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A33: Before I let my father take me and my unborn child I kept
on pleading to Ivan to hear me out, but he would just shout at me
and embarrass me in front of others and say “mangibabain ka
nga talaga” (you are really a shame). So I went with my father
back at our house in Middle Rock Quarry, I felt so numb. I was
depressed and crying immensely the whole time. I lost hope of
life, I was only two months pregnant then, I did not have a job, I
was indebted to several people, and my husband just drove me
out of our place without any feeling of remorse. He was so selfish
thinking that he got infuriated upon learning that I was indebted
to others. There was no consolation at all.

Q34: Can you elaborate on that?

A34: What I meant was, since he never followed – up on us (me,
and our unborn baby). So the following day, on August 8, 2018
despite the heavy pour of the rain and the strong gush of wind it
was then the height of the typhoon, I still went to my husband’s
workplace at the Baguio Country Club.

Q35: What were you doing in there?

A35: I pleaded to the security guard on duty to have Ivan excused
from work and allow me to talk with him. Ivan heeded to my
request but said “mangibabaiyin ka talaga! Pinapahiya mo pa ako
dito” (You are really shameless! You even humiliate me here)

Q36: What did you tell him?

A36: I replied “paano naman, hindi mo ako kinocontact, asawa mo
parin ako” (what should I do then, you did not communicate with
me, I am still your wife)

Q37: Did you eventually mend things then?

A37: No. He just left me by the guard house, no longer spoke a
single word and he returned to work.

Q38: Did you return to his workplace, with the hope of talking to
him?
A38: I went back to Baguio Country Club for several days with
the hope of being able to talk and reconcile him. I was waiting for
his end shift so I arrived at the area by one o’clock in the morning
and waited until five o’clock in the morning.

Q39: Did he eventually see you, so that you two can talk?
A39: He did see me there waiting for him but he would just pass
me by, already riding his motorcycle or sometimes he would
plainly tell me “Umuwi ka na!” (Just go home!)

Q40: Did you try to communicate with him through other means?

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A40: I did. I tried to contact him through several platforms, such
as by using the Facebook Messenger, making phone calls, sending
him text messages, but all were to no avail since he never replied

Q41: How did you cope with the situation especially that you
were pregnant then?
A41: My body seemed to have lost touch of the world I just felt
sad and remorseful. Eventually, my body hit the toll and because
of the immense psychological suffering that I was experiencing I
bled twice during the last week of August 2018, on the same
month that I was abandoned by Ivan. I even got confined at the
Notre Dane hospital.

Q42: Did you inform Ivan about your confinement?

A42: My sister called Ivan to inform him of my situation. Ivan
earlier promised to visit after his shift from work, but he never
showed up. We even called his parents but we were just ignored.
We were texting him for the payment of the hospital expenses
since I did not have any means. I was also deprived of spousal
support so I was forced to just undergo bed rest due to the
delicate nature of my pregnancy. And despite repeated verbal
demands he failed to provide money to support me and my
unborn child for the expenses that we incurred.

Q43: What kind of expenses did you incur aside from your
hospitalization expenses?
A43: After hospitalization, the doctor prescribed me medicine. I
was constrained to ask the legal assistance of Atty. Perlita Chan –
Rondez.

Q44: After your confinement, is there anything special that you

did?
A44: After a week from confinement I immediately sought the
assistance of the Prosecutor’s Office at the Baguio City Justice
Hall and filed a complaint against my husband for violation of
R.A. 9262 on the ground of psychological abuse.

Q45: You asserted in your complaint-affidavit that your husband,

Ivan Quilacio inflicted several physical abuses on you, do you
remember these incidents?
A45: I remember those. My husband repeatedly physically
abused me on different occasions, one occurred on January 2018,
he shoved me to the floor and boxed me after telling me not to
move nor stop him from leaving, it happened while we were inside
our rented apartment at Middle Rock Quarry, Baguio City.
Another incident was on April 2018, after renting a different place
at Upper Rock Quarry, Baguio City we had a major disagreement,
he was then intoxicated and furious at me that he started
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grabbing our personal belongings such as glasses, plates, and the
wall clock. He then starting hitting himself with those things
deliberately inflicting personal injuries on himself because he
apparently hated his life. When I tried to stop him, he pushed me
towards the ground causing my head to hit the armchair. Then
once more, on the same month of April 2018, Ivan went home
again drunk so I did not remove his shoes, but I gave him a hot
bath towel, he got mad and boxed me repeatedly on my arm
telling me that I was useless and sometime in July 2018 I locked
the gate of our place to prevent him from going out by using his
motorcycle after we had a quarrel, he was then again drunk and
had already inflicted physical pain upon me. He still persisted to
go out so I gripped him so hard trying with all my might to stop
him to leave but he hurled me and thrust me in bed, then he left.

Q46: In all these instances, did you get a medico-legal certificate?

A46: None.

Q47: Why did you not report the incident to the authorities nor
acquire a medico-legal certificate?
A47: Because I was afraid that if I should do so, that my husband
will completely leave me. I was afraid of losing him. I was also
afraid that he might retaliate on me if he learned that I told others
about his actions towards me.

Q48: After you and Ivan separated- in – fact, what was your next
course of action?
A48: Before my unprecedented premature birth, I sent another
demand letter to Ivan on December 15, 2018. It was addressed to
his place of business and residence. The tenor of the letter is a
request for support amounting to Fifty Thousand Pesos
(P50,000.00).

Q49: (showing to witness a demand letter dated December 15,

2018 incorporated with a breakdown) Do you recognize this
document madam witness?
A49: That is the same demand letter sent to Ivan Quilacio on
December 15, 2018

Manifestation: The counsel respectfully manifests before this

Honorable Court that the Demand Letter dated December 15,
2018 be marked as Exhibit “Q and the LBC Receipt
evidencing delivery of the demand letter as Q-1”

Q50: Did Ivan heed to the tenor of the demand letter?

A50: Despite receipt of the demand letter he did not even attempt
for a single instance to provide financial assistance for me, his
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wife and to our unborn child. Later on, I even learned that he was
given a brand new car, to be exact an FJ Cruiser by his family. In
return he would have to completely separate from me and ignore
me.

Q51: You mentioned that your husband has a place of business?

A51: His place of business and residence is at MA50 Puguis, La
Trinidad.

Q52: Does this mean that your husband was then gainfully
employed?
A52: Indeed, he manages his family’s gas station located in the
above-mentioned address

Q53: Did Ivan heed to the demand letter?

A53: The demand letter sent and received by Ivan Quilacio was
left unheeded.

Q54: On January 15, 2019 did something special happen?

A54: I gave birth to our child, she was born a premature baby girl
weighing less than one and a half kilos at six and a half months
old named “ATCQ”.

Q55: After you gave birth to your daughter “ATCQ”, did your
husband visit you?
A55: He did not come to see us, even if we stayed at the hospital
for a couple of weeks since it was required for both me and our
child and me to stay in the hospital until “ATCQ” would at least
weigh more than one and a half kilos. She was to be placed in an
incubator and you can just guess how much medical expenses we
were incurring then.

Q56: Did Ivan or his family help you with medical expenses?
A56: They did not so I was constrained to send another demand
letter to him on January 23, 2019. He was able to receive the
demand letter.

Q57: (Showing to the witness a demand letter dated January

23,2019 madam witness, do you recognize this document?
A57: That is the demand letter I sent to Ivan Quilacio on January
23, 2019

Manifestation: The counsel respectfully manifests before this

Honorable Court that the Demand Letter dated January 23,
2019 be marked as Exhibit “R and the LBC Receipt
evidencing delivery of the demand letter as R-1”

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Q58: would you like to add more to your statements madam
witness?
A58: I would just like to sum things. His continuous failure to
provide not only of financial assistance but also of love, care, and
support to me and our then unborn child despite my threatened
pregnancy and his act of driving me away from our conjugal
dwelling without thinking of my situation that I do not have any
other place to go caused me too much emotional trauma. Further,
his act of accusing me of cheating on him and his blatant
disregard of any respect towards me as his wife, doubting that the
child I was then carrying was his caused me immense distress as
found out in my psychological evaluation conducted by
psychologist Janice Katrina Orquia – Castelo.

Q59: (Showing to the witness a Psychological Evaluation Report

dated October 9, 2018 madam witness, do you recognize this
document?
A59: That is my Psychological Evaluation Report.

Manifestation: The counsel respectfully manifests before this

Honorable Court that the Psychological Evaluation dated
October 9, 2018 be marked as Exhibit “M”

Q60: I have no further questions. Do you have anything to add or

retract from, Ma’am Marielle Anne Cominga Quilacio?
A60: No, Ma’am.

Q61: Are you willing to sign your Judicial Affidavit?

A61: Yes, Ma’am.

…………………………………………………….………………………….
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this
th
19 day of August, in the City of Baguio.

Marielle Anne Cominga Quilacio

Affiant

SUBSCRIBED AND SWORN before me, this ____ day of August, in the
City of Baguio, Marielle Anne Cominga Quilacio. Whose signature above
appears presented to me his ___________________ bearing the nos.
____________________ issued at __________ issued on ______________.

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 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 Marielle Anne Cominga Quilacio 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 her answers.

ATTY. PERLITA L. CHAN- RONDEZ

Counsel for Petitioner

SUBSCRIBED AND SWORN before me, this ___ day of August 2020, 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. 41736.

Doc No. ____;

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

EXPLANATION OF SERVICE
Due to geographical distance and lack of manpower, a copy
of the foregoing Judicial Affidavit of Marielle Anne Cominga
Quilacio will be served through registered mail.

Copy furnished:
IVAN DOMINGUEZ QUILACIO
Accused
# MA 050 Puguis, La Trinidad
2601 Benguet
ATTY. PERLITA L. CHAN-RONDEZ
By Personal Service:
Office of the Public Prosecutor

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Justice Hall
Baguio City

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