Republic of the Philippines

Sixth Judicial Region

Regional Trial Court
Branch 5
Bacolod City

People of the Philippines

Plaintiff, Criminal Case No: 2022-0210

-vs- -for-

Jesus C. Garcia
Accused Violation of R. A. 9262
x--------------------------------x

INFORMATION

The undersigned City Prosecutor accuses Jesus C. Garcia for the crime of
Physical, Psychological, and Economic Abuse, defined and penalized under Section 3 of
Republic Act 9262 committed as follows:

That sometime in 2004, in the City of Bacolod, Philippines, and

within the jurisdiction of this Honorable Court, accused, Jesus C.
Garcia, took an affair with a Bank Manager of Robinsons Bank, who
is the godmother of one of their sons; that, such infidelity spawned
series of fights between the herein accused and plaintiff, which led
herein accused to inflict physical harm upon his wife and children;

That, all the emotional and psychological turmoil drove herein

plaintiff to the brink of despair, which led her in attempting to commit
suicide in December 17, 2005. Since then, herein plaintiff needs to
undergo weekly therapy and have to take anti-depressant
medications;

That, accused threatened herein plaintiff to take custody of their

children and deprive her of financial support despite being a
stockholder to the three Corporations, which the family owned;

That, accused enjoys unlimited cash advances and other benefits

in hundreds of thousands of pesos from the corporations, while
herein plaintiff was given minimal salary, compelled to pay all the
household expenses, forbidden to hold office, and deprived access
to full information about their business.

That, accused willfully, maliciously, and feloniously inflicted

physical, psychological and economic abuse, to the damage and
prejudice of the herein plaintiff and their children.

CONTRARY TO LAW.
 Bacolod City, Philippines, this 14th day of February 2022.

Michelle C. Llaneta-Villamora
City Prosecutor

WITNESSES:
1. Marieta Jaype
Mandalagan, Bacolod City

2. Jo-Ann Garcia
Mandalagan, Bacolod City

CERTIFICATION

I hereby certify that the foregoing information is filed pursuant to the Rules of
Criminal Procedure; that based on the complaint and evidence presented before me,
there is reasonable ground to believe, that the accused committed Violation of Republic
Act 9262, and should be held for said crime. I further certify that this Information is being
filed with the prior authority of the City Prosecutor.

Michelle C. Llaneta-Villamora
City Prosecutor

SUBSCRIBED AND SWORN to before me this 14th day of February 2022 at

Bacolod City.

Lyle Andrei Derla

City Prosecutor
PTR No. 52401224: 3-27-24: B.C.
IBP No. 270427: 3-27-24:B.C.
Roll No. 030611: 1-14-24: Manila
 Republic of the Philippines
Sixth Judicial Region
Regional Trial Court
Branch 5
Bacolod City

People of the Philippines

Plaintiff, Criminal Case No: 2022-0210

-vs- -for-

Jesus C. Garcia
Accused Violation of R. A. 9262
x--------------------------------x

COUNTER-AFFIDAVIT

I, JESUS C. GARCIA, of legal age, married, Filipino, businessman, and a resident

of JBTC Building, Mandalagan, Bacolod City, after having been duly sworn to in
accordance with law, do hereby depose and say;

1. That, I am the accused who is charged with Violation of R.A.

9262, docketed as Criminal Case No. 2022-0210, pending before
the Honorable Court of Branch 5, RTC, Bacolod City;

2. I received an Order dated February 14, 2022 on February 18,

2022, directing me to submit within ten (10) days from receipt
thereof, my counter-affidavit and other controverting evidence in
support of my defense to the above captioned case;

3. That, I am the husband of Rosalie Jaype-Garcia, the herein

plaintiff and I categorically deny all the allegations contained in
her affidavit;

4. That, with respect to paragraph 4 of her affidavit, the truth of the

fact is, as opposed to her allegation, she is the one who is
dominant, controlling and demanding. She wanted to control
whom I should get along with and the time that I should be home.
Even if I have important business meetings if she said that I
should go home, I must go home, or else it will be the start of our
argument and she will inflict physical harm on me by slapping and
punching me to the different parts of my body. This was
evidenced by the copy of screenshots of our conversation and a
Medical Certificate, attached as Annex “1” and Annex “2”
respectively.

5. As regards to paragraph 5, the reason why she stopped taking

up her law course is that we both decided, in fact it was more of
her decision, and I just agreed that it is best for the rearing of our
children that their mother is always around during their crucial
developing years. The decision was mutual and consensual and
she was never, by all means, prevented to seek employment or
 personal development. In fact, she even commissioned a man to
make me jealous. Attached is his Affidavit marked as Annex “3”.

6. Anent paragraph 6, my relationship with the Bank Manager of

Robinsons Bank and the godmother of one of our sons is purely
for matters relating to our bank transactions with them. It is
Rosalie, who kept on insisting that we have a sexual relationship
and would instigate me on having such relationship with that Bank
Manager. At one time, she even booked a hotel room for the two
of us (me and the Bank Manager), and me knowing that it is
Rosalie’s reconciliation treat, would have fallen into her trap if I
did not verified from that hotel to whom the room was booked. I
confronted her about that to which she admitted that she made
that up to see if the Bank Manager and I would use that hotel
reservation. A copy of the screenshots of that conversation is
hereto attached as Annex “4”.

7. With respect to paragraph 7 and 8, although I admit that we have

constant fights as other couple normally would, I have never
inflicted physical harm on her in whatsoever form. In fact,
whenever I disregard her nagging, she would throw tantrums and
would inflict physical harm on herself to get my attention. She was
also the one who beat Joan on the chest and slapped her many
times because Joan discovered that she had another mobile
phone whom she used in pretending as me and she kept on
texting my alleged paramour who is the Bank Manager. For this
two (2) of our neighbors who witnessed the said instances
executed their affidavits hereto attached as Annex “5”, and the
recovered mobile phone with the Mobile Plan Contract under the
name of Rosalie Jaype-Gracia attached as Annex “6”.

8. That, her allegation in paragraph 9 is completely denied. I was on

a business travel to Hong Kong from December 16, 2005 to
December 24, 2005, exactly the reason why I was not able to visit
her during her hospitalization. Her attempt to commit suicide was
due to her excessive thinking that the reason I went to Hong Kong
was to be with my paramour. That it was customary to her to
attempt to commit suicide every time she would feel depressed.
A copy of my PAL Airline Ticket and Flight Manifest is attached
as Annex “7 and Annex “8” respectively.

9. That, relative to paragraph 10 of her affidavit, Rosalie Jaype

Garcia, have been undergoing therapy and taking anti-
depressant medications since her break-up with Jo-Ann’s father
in the year 1995, long before our marriage took place. Attached
is the Psychiatric Record of Rosalie Jaype-Garcia from year 1995
to present, as Annex “9”.

10. With respect to paragraphs 11, 12, and 13, although I admit that
I got angry upon knowing that she would file charges against the
Bank Manager, that is because she would jeopardize the
Managers job by her mere jealousy, but this is exactly what I told
her mother, “I wish, we really have a relationship! That way, it
wouldn’t be so unfair to involve her in this mess!” A CCTV
recording is submitted herewith as Annex “10”.
That her deprivation to access full information about our
business was because it came to my knowledge that Rosalie
 made several withdrawals in our company account in hundreds
of thousands in amount. That despite such occurrence I still
support her and my children by sending them in their individual
accounts their respective allowances every month, with Rosalie
Jaype Garcia, the amount of Php200,000.00 for household
expenses and her personal allowance, for our two (2) sons,
Php20, 000.00 each for their food and personal needs. A copy of
Bank Transactions showing the above-mentioned amounts in
their respective names is hereto attached as Annex “11”.

11. By those reasons stated above, the complaint against herein

accused should be dismissed. The undersigned thus pray that
the instant case be dismissed.

IN WITNESS WHEREOF, I hereunto affixed my signature this 24th

day of February, 2022 in Bacolod City.

JESUS C. GARCIA
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of February

2022 at Bacolod City, Philippines, I HEREBY CERTIFY that I have
personally examined the herein affiant and I am satisfied that he voluntarily
executed and understood his given affidavit.

Michelle C. Llaneta-Villamora
Counsel
PTR No. 52401224: 3-27-24: B.C.
IBP No. 270427: 3-27-24:B.C.
Roll No. 030611: 1-14-24: Manila