Republic of the Philippines)

City of San Pedro, Laguna ) S.S.

COMPLAINT-AFFIDAVIT
I, JOSEPH MARTIN PATRICK A. BORJAL, of legal age,
Filipino and with address at No. 11-G Del Pilar St., Phase 4, Pacita,
Brgy. San Vicente, City of San Pedro, Laguna, after being duly sworn
to in accordance with law, hereby depose and state: That –

1. I am hereby charging MERCY SUNOT BORJAL (respondent

“Mercy”), who can be served with subpoena and other
processes of the Honorable Office at Phase 7, Blk 1, Lot 36,
Carmona Estates, Carmona, Cavite, and her cohorts, REDGE
BURILLA, JONATHAN SABATIN, and RHED PIÑON
SANTIAGO, all with unknown addresses, of the crime of
Adultery punishable under Article 333 of the Revised Penal
Code committed as follows:

a. At all times material to this Complaint, the undersigned

complainant is married to respondent Mercy on 20
November 2012 as evidenced by the Certificate of
Marriage attached by the latter in her Complaint against
the former for violation of RA 9262 docketed as NPS
Docket No. IV-29-INV-17J-00474 pending before this
Honorable Office.

b. For the knowledge of the Honorable Office, respondent

Mercy is a recording artist who performs in and out of the
country.

c. Upon her arrival last August 2017 from its performance in

United States, complainant and respondent Mercy had a
serious talk regarding the latter’s illicit relationship she
earlier had that the former discovered.

d. At that moment, respondent Mercy denied and claimed

that she loves the complainant and cannot do such things.
Thus, as a sign of sincerity, both parties agreed to
exchange phones.

e. However, complainant was being curious of the contents

of respondent Mercy’s phone, the former was shocked to
see conversations from various men containing nude
photos of her wife being sent to her paramour,

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 respondent Mercy’s picture together with her paramours
and their sweet talks, which are attached as follows:

(1) Annex “1” – Photo of respondent Mercy with

Jonathan Sabatin in bed;
(2) Annex “2” – Photo of respondent Mercy with Rhed
Piñon Santiago.
(3) Annex “3” – Sent nude photos of respondent Mercy.

f. At that spur of the moment, complainant’s sight

obfuscated. Yet, he was able to regain his senses and
confronted respondent Mercy.

g. However, the two ended up shouting and exchanging

indecent words, an action which any ordinary husband
would do after knowing her wife’s scandalous affair.

h. Nevertheless, in a video recorded thereafter, respondent

Mercy admitted her scandalous affairs with respondents
REDGE BURILLA, JONATHAN SABATIN, and RHED
PIÑON SANTIAGO, and said that she was very sorry
for hurting her husband. A copy of the said video will be
presented to the Honorable Investigating Prosecutor
during the preliminary investigation of this entitled
Complaint.

2. Article 333 of the Revised Penal Code (RPC), provides that:

“Article 333. Who are guilty of adultery. - Adultery is

committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man
who has carnal knowledge of her knowing her to be
married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its

medium and maximum periods.

If the person guilty of adultery committed this offense while

being abandoned without justification by the offended
spouse, the penalty next lower in degree than that provided
in the next preceding paragraph shall be imposed.”

3. Respondents undoubtedly violated Article 333 of the RPC when

respondent Mercy, who is married, had sexual intercourse with
respondents REDGE BURILLA, JONATHAN SABATIN, and
RHED PIÑON SANTIAGO, who know that respondent Mercy
is married.

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4. Time and again, jurisprudence teaches us that, “[p]roof of the
commission of the crime of adultery, like proof of the
commission of most other crimes, may safely be rested on
circumstantial evidence when that evidence is such that it
leaves no room for reasonable doubt of the guilt of the accused,
and, indeed, contrary to the contention of counsel for
appellants, convictions for this crime have frequently been had
without direct evidence as to the specific acts constituting the
offense, as will appear from the following citations from
decisions of the Tribunal Supremo de España: The finding in the
possession of a married woman of several love letters signed by
her paramour; their having been seen together in different
places, and finally, the fact that they were surprised in a well-
known assignation house which the accused woman admitted
having visited six times in company with the former, are data
and indications sufficient to convict them both of the crime of
adultery; because, as the supreme court of Spain says, "it shows
without doubt not only thier illicit relations but also such acts as
constitute adultery and are the consequence of said relations."
(Decision of the 23d of June, 1874.) x x x”1

5. In view thereof, respondents should be indicted for Adultery

punishable under Article 333 of the RPC.

6. I executed this Complaint-Affidavit which is in the nature of a

counter-charge in NPS Docket No. IV-29-INV-17J-00474, to
attest to the truth of all the foregoing.

Further Affiant Sayeth Naught.

JOSEPH MARTIN PATRICK A. BORJAL

Complainant

SUBSCRIBED AND SWORN to before me this ___ day of December, 2017,

at City of San Pedro, Laguna.

Further, I HEREBY CERTIFY that I have examined the affiant and convinced
that he has personally read and understood the contents of his Counter-Affidavit,
which according to him are true and correct of his own personal knowledge and
based on available authentic records.

Asst. City Prosecutor

1
The United States vs. Fabiana Legaspi and Paulino Pulongbaret, G.R. L-No. 5110, August 19, 1909

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