ZAPANTA, IVAN EARL B.

PRAC COURT 1

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City
Branch ______

MARIA C. LARA,
Petitioner,

- Versus - Civil Case No. ___________

For: Declaration of Nullity of
Marriage with Application for
Issuance of Temporary
Restraining Order and
Violation of Violence Against
Women and Children

SALVI N. LARA,
Respondent.
X-------------------------X

AFFIDAVIT - COMPLAINT

I, MARIA C. LARA, of legal age, Filipino, single, with postal

address at No. 2204-A Taft Avenue, Manila, subscribing under oath,
depose and state that:

1. I am a licensed travel agent by profession and the legal wife of

herein respondent SALVI N. LARA. We were married on 16 November
1991 at the Santuario De San Antonio Parish, Forbes Park, Makati
City.1

2. On July 11, 2010,2 at around 5:00 pm, I was rushed by my

husband and daughter to the Emergency Room of the Makati Medical
Center in Makati City because I had passed out due to the excessively
hot and humid weather while attending mass with my husband (and
only child, Simeone Lara).

3. While in the emergency room, I recall having been made to

undergo routine medical tests and work-ups (like the taking of my blood
pressure, blood chemistry and x-ray) to find out the reason for my
fainting spell. Because of this, a decision was reached for me to be
admitted for confinement in the said hospital.
1 As evidenced by a reproduced copy of the Marriage Contract of the parties and a copy of which is hereto
attached as ANNEX “A” hereof.
2 As evidenced by the Certificate of Confinement issued by one Franklin A. Ricafort dated July 11, 2010

and hereto attached as ANNEX “B” hereof.

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4. Aside from the taking of my medical history, I was not made to

undergo any diagnostic tests through which a more thorough and/or
detailed medical diagnosis could be made. At most, I had conferred
with my attending physician, Dr. Vanessa Kathleen B. Cainghug, only
for about 30 minutes, hence, I am not aware of any basis for any further
confinement of my person.

5. The following day, July 12, 2010, I was already feeling better
and I expressed my desire to be released from hospital confinement. I
also inquired from the nurses on duty about what time my attending
physician was going to give me my release order since my mental
faculties were all stable and I already wanted to be discharged that
morning.

6. I also made several inquiries about the time that my doctor

would make her rounds, but even when she did so, my doctor did not
inform me of any reason for my further confinement in the hospital. For
this reason, I began to coordinate with my office staff to take care of
settling my hospital bill because I could not reach my husband, Salvi.

7. All that time, I continuously inquired as to what time I could be

released but neither my doctor nor any hospital staff bothered to
explain to me any reason why they could not release me from the
hospital.

8. Because of my persistence, however, my doctor finally

informed me that principally upon the request of my husband, I was
going to be transferred to another hospital for further medical
treatment. This despite the fact that my mental faculties were all stable
and I was fully aware of everything that was being done upon my
person.

9. Probing further, when I inquired as to why the transfer was

being requested, I was told that this was upon the orders of my
husband, Salvi, after having disclosed to the doctor that there were
family issues which was allegedly causing my unstable demeanor. I
then demanded to see my father and brother, Mark, because I wanted
to go home to recuperate from any convalescence whatsoever.

10. At this juncture, my husband had already arrived at the hospital

because he was already informed that I refused further confinement
and insisted on seeing my father and my brother. Because he
considered me uncooperative, my husband then ordered the medical
personnel to put me in a straight jacket. Not far from my husband, I
saw my brother Mark, and when I tried to appeal to him to intercede in
my behalf, all he could tell me was: “You better find yourself a lawyer.”

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11. Evidently, my appeals for sobriety and reason fell on the deaf
ears of my husband, Accordingly, I was forcibly taken away in a
straightjacket upon orders of my husband Salvi, despite my
protestations that I wanted to be brought home to recuperate from any
perceived ailment. Against my better judgment, who was adamant in
subjecting me to cruel and inhuman treatment, in his desire to have me
brought to a hospital institution against my wishes.

12. Inasmuch as I was subsequently transferred to another

hospital facility by reason of the physical restraint against my person, I
was confined at another hospital facility from July 12 to August 15,
2010,3 for a total of THIRTY FOUR (34) days of involuntary
confinement. For such confinement, I had accumulated expenses in
the total amount of ONE HUNDRED SIXTEEN TWO HUNDRED FIVE
PESOS and THIRTY CENTAVOS (Php116,205.30),4 which amount I
had asked my office staff to settle from funds taken from the business
which I had established together with my husband.

13. While under detention in the second hospital facility, I was

made to undergo various medical procedures, most notable of which
is the fact that I was made to undergo occupational therapy sessions
for an alleged Bipolar disorder.

14. I am curious how this diagnosis was arrived at, considering

that once again, I did not undergo diagnostic examinations and
extensive clinical sessions, something that I would imagine should be
conducted, considering the fact that I had to be incarcerated in the said
facility for a total of THIRTY FOUR (34) days.

15. Because I did not feel anything that would require prolonged
medical attention, I often asked my doctor to order my discharge from
the hospital. I was informed, however, that I could only be released
upon orders of my husband.

16. Hours turned to days and days turned to weeks. Through this
period and knowing fully well that there was nothing wrong with me, I
asked permission to have a cervical cytology test5 and Gynecological
Ultrasound6 conducted, aside from regular manicures and pedicures
to kill time.

3 As evidenced by a reproduced copy of the Certification issued by one Alma L. Muncal also dated
October 3, 2012 and hereto attached as ANNEX “C” hereof.
4 As evidenced by a reproduced copy of the Statement of Account dated October 3, 2012 and hereto

attached as ANNEX “D” hereof.

5 As evidenced by a reproduced copy of the Cervical Cytology Report dated August 5, 2010 and hereto

attached as ANNEX “E” hereof.

6 As evidenced by a reproduced copy of the Ultrasound Report (Gynecology) dated August 6, 2010 and

hereto attached as ANNEX “E” hereof.

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17. Because I was also the managing owner of the travel agency
business, I directed one of my office personnel to send some of my
work to the hospital, but she never found out that I was actually holed
up in the basement of the Medical City. Conducting my business from
the hospital was extremely difficult such that some of my clients
transferred their business elsewhere, especially when I could not
immediately attend to the work because of my forced detention at the
Basement.

18. To also show that I was fully cognizant of what was happening
at the Basement, even if it was taboo to actually keep records in the
Basement, I was able to have some writing materials sent to me where
I would even list down the names and contact numbers of my fellow-
patients. I also kept a record of activities which I did while in detention,
just to keep myself busy while being holed up in the said hospital.

VIOLENCE AGAINST WOMEN AND CHILDREN

19. Hence, I am executing this Complaint – Affidavit for the

purpose of instituting a criminal complaint against my husband for the
crime of violence against women and children as penalized under
Republic Act No. 9262.

20. Section 3 of R.A. No. 9262 defines ''[v]iolence against women

and their children'' as "any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:


c. "Psychological violence" refers to acts or omissions

causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which
the victim belongs, or to witness pornography in any form or
to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of
common children." [Emphasis and italics ours.]

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21. Having established that our relationship falls within the ambit
of Rep. Act No. 9262, emphasis should be made on the specific
provision applicable to the respondent as follows:

“SEC. 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;
b. Threatening to cause the woman or her child
physical harm;
c. Attempting to cause the woman or her child
physical harm;
d. Placing the woman or her child in fear of imminent
physical harm;
e. Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist from
conduct which the woman or her child has the right
to engage in, or attempting to restrict or
restricting the woman’s or her child’s freedom
of movement or conduct by force or threat of
force, physical or other harm or threat of
physical or other harm, or intimidation directed
against the woman or child. This shall include, but
not limited to, the following acts committed with the
purpose or effect of controlling or restricting the
woman’s or her child’s movement or conduct:
1. Threatening to deprive or actually depriving
the woman or her child of custody to her/his family;
2. Depriving or threatening to deprive the
woman or her children of financial support legally
due her or her family, or deliberately providing the
woman’s children insufficient financial support;
3. Depriving or threatening to deprive the
woman or her child of a legal right;
4. Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim’s own money or
properties, or solely controlling the conjugal or
common money, or properties;
f. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;

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g. Causing or attempting to cause the woman or her

child to engage in any sexual activity which does
not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
against the woman or her child or her/his
immediate family;
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
belongingness or inflicting harm to animals or
pets of the woman or her child; and
5. Engaging in any form of harassment or
violence;
i. Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor children
of access to the woman’s child/children.

22. Verily, herein respondent, by his order to cause the

confinement of his wife, has restricted the private complainant’s
freedom of movement or conduct by use of force or threat of
force, physical or other harm or threat of physical or other harm,
or intimidation directed against her.

23. Moreover, respondent Salvi has effectively prevented me

from engaging in and conducting my legitimate business as the co-
owner and managing director of a travel agency, to my extreme
damage and prejudice.

24. FINALLY, by the obvious fact that respondent has caused the
physical separation between me and my daughter, SIMEONE, which
has severely hampered my interpersonal relationship with my child,
aside from the fact that one could just imagine the ruckus that was

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caused when I was forcibly taken away in a straight jacket and taken
to a hospital institution without informing me of the actual reasons for
my confinement. Such acts are tantamount to already contributing to
the mental and/or emotional anguish which I was subjected to.

25. On the basis of the foregoing, facts, it is clear that the

respondent Salvi Lara deliberately, and with evident malice and
intent to commit physical and/or psychological violence against me,
without any valid justification therefor, violated the provisions of
Section 3, Republic Act No. 9262 in relation to Section 5 (a), (e), (4),
(h), (5), (i). Such acts undoubtedly caused me undue physical,
psychological harm or suffering, including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. For
this reason, as against the respondent, I should be entitled to the
payment of actual, compensatory, moral and exemplary damages.

26. Although the above-mentioned violations occurred sometime

in July, 2010, nevertheless, this action could be commenced because
of the fact that under Sec. 24 of RA 9262, acts falling under Sections
5(a) to 5(f) shall prescribe in twenty (20) years while acts falling under
Sections 5(g) to 5(I) shall prescribe in ten (10) years.

27. I am executing this affidavit-complaint to attest to the truth of

the foregoing facts and for the purpose of filing a complaint for violation
of the provisions of Rep. Act. No. 9262 and for whatever other
purposes it may serve.

DECLARATION FOR NULLITY OF MARRIAGE

28. That during the time I was confined in the hospital, my

husband, Salvi, told me that he was seeing butterflies in the room
forming the word “Schmetterling.”

29. That at that time, he even tried to catch a “butterfly” that

landed on my head.
30. That my daughter, Simeone, told me that her father was
secretly taking medicines. One of the medicines he is taking is
“Quetiapine Fumarate” which is a known anti-psychotic drug.

31. That upon inspection by my daughter, she found out that my

husband was getting himself checked by a psychiatrist, Dr. Misha
Castro, at Makati Medical Center.

32. That my daughter found the prescription for other drugs such
as clonazepam and valium.

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33. That, upon further investigation by my brother, we found out

that Salvi has been diagnosed with psychosis on July 5, 1987, or five
years before we got married.

34. Having established that Salvi was suffering from delusions

and psychosis, our relationship falls within the ambit of Article 36 of the
Family Code as follows:

“Art. 36. A marriage contracted by any party who, at the

time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes
manifest only after its solemnization.”

35. That having proved psychological incapacity of Salvi, there

exists a. gravity, b. juridical antecedence, and c. incurability. All valid
requisites for a marriage to be considered void.

MOTION FOR A TEMPORARY RESTRAINING ORDER

36. Hence, petitioner is constrained to file this Motion for the

issuance of the Protection Order as provided in Sec. 7 of the Rule on
Provisional Orders (A.M. NO. 02-11-12-SC) and Sec. 8 of RA 9262
otherwise known as Anti-Violence Against Women and their Children
Act of 2004, to wit:
A.M. No. 02-11-12-SC
Sec. 7. Order of Protection.–The court may issue an Order of
Protection requiring any person:
a. to stay away from the home, school, business, or place
of employment of the child, other parent or any other
party, and to stay away from any other specific place
designated by the court;
b. to refrain from harassing, intimidating, or threatening
such child or the other parent or any person to whom
custody of the child is awarded;
c. to refrain from acts of commission or omission that
create an unreasonable risk to the. health, safety, or
welfare of the child;
d. to permit a parent, or a person entitled to visitation by a
court order or a separation agreement, to visit the child
at stated periods;
e. to permit a designated party to enter the residence
during a specified period of time in order to take

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personal belongings not contested in a proceeding

pending with the Family Court;
f. to comply with such other orders as are necessary for
the protection of the child.R.A. 9262
Sec. 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 Sec. 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 Sec. 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

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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 Sec. 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.

There is a need to issue an order directed to the defendant

directing him to refrain from going near petitioner’s house and
committing acts of violence as provided under Sec. 5 of R.A.
9262 which causes undue physical, emotional or psychological
harm on petitioner and her children.

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37. The respondent can be served with subpoena and

other legal processes at his address as follows:

SALVI N. LARA
Management Information Systems Office
(MISO)
Supreme Court
Padre Faura St., Ermita, Manila

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that the marriage of the petitioner with the respondent be
declared a nullity. It is likewise prayed that if and when parties are able
to enter into an extrajudicial settlement as to custody and joint
parenting, the same be adopted by this Court and in the absence
thereof, a fair and just settlement of their rights and obligations as
parents be adjudicated by this Honorable Court.

We pray for such other reliefs, just and equitable under the
premises. 1. An ex parte temporary protection order be issued by the
court:

Prohibiting respondent from threatening to commit or committing,

personally or through another any of the acts of violence against
women and children as provided any of the acts mentioned in Sec. 5
of R.A. 9262.

To prohibit the respondent from harassing, annoying,

telephoning, contacting or otherwise communicating with the
petitioner, directly or indirectly;

To direct 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, and place of employment,
or any specified place frequented by the petitioner and any designated
family or household member.

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.

Providing for such other forms of relief as the court may deem
necessary to protect and provide for the safety of petitioner and her
children.

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To make the protection order permanent.

FURTHER AFFIANT SAYETH NAUGHT.

MARIA C. LARA
Complainant

VERIFICATION

I, MARIA C. LARA, of legal age, under oath, states:

That I am the petitioner in this case and that I have caused the
preparation of the same petition;

That I attest to the truth of all the allegations in the same petition
of my own personal knowledge;

In compliance to the Supreme Court circular against forum

shopping, I hereby certify that: a) I have not commenced any other
action or proceeding involving the same issues before the Supreme
Court, or Court of Appeals, or any other tribunal or agency; b) to the
best of my knowledge, no such action or proceedings is pending in the
Supreme Court, Court of Appeals or any other tribunal or agency; c)
If I should learned that similar action or proceeding has been filed or is
pending before such tribunals or bodies, I shall report that fact within
five (5) days therefrom to the court of agency where the original
pleading and sworn certification have been filed.

SUBSCRIBED AND SWORN to before me this ___TH day of October

2020 at Pasig City. I further certify that I have personally examined the
affiant and I am fully convinced that she has read and fully understood the
contents of this Complaint-Affidavit, and that she freely and voluntarily
exhibited to me that the same is her free act and deed.

Assistant City Prosecutor

/complaint-affidavit.natalie/ccgr/Clients & Cases/Natalie V. Arevalo/

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