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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Mandaluyong City

KIM PEREZ,
Complainant,
I.S. No. _____________
- Versus -
For: Violation Against Women
and Children Act
(R.A. 9262)

DAN SOLAYAO,
Respondent.

X * * * * * * * X

COMLAINT – AFFIDAVIT

I, KIM PEREZ, of legal age, Filipino, married, and presently residing at

No. 0047 F. Bonifaio Street, Kabayanan, Quezon City, after having been duly
sworn to in accordance with law, do hereby depose and state:

1. Respondent, DAN SOLAYAO, is of legal age, Filipino, mingle and

presently residing at Blk. 1B, Lot 9, N. Domingo, Sta Cruz, Manila;

2. Respondent is currently employed as a commercial Pilot at

AirAsia. A copy of the certification issued by the Civil Aviation Authority is
herein attached as Exhibit A.

3. That sometime on the year 2008, I and respondent got acquainted

to each other through cell phone communication. Constant communication
between us ensued, which grew into courtship. On the same year, 2008, we
became live in partners.

4. That out of our union without the benefit of marriage or under a

common law relationship, we were blessed with three (3) children. Our first
child is Rosario Solayao, 17 years old. The second child is Candido Solayao, 14
years old. The youngest child is 9 years old. Copies of their respective
Certificate of Live Births are herein attached as Exhibit B1, B2 and B3.

5. That on May 15, 2014, after the birth of our youngest child, we
decided to get married. A copy of the marriage certificate is herein attached
as Exhibit C.

6. That sometime in November 2019, respondent left our conjugal

home without even telling us on his whereabouts.

7. That I diligently called his telephone but to no avail.

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8. That upon inquiry to his friends, it came to my knowledge that

respondent contracted a second marriage in February 2020 to a certain Tricia
Mangundayao to whom he is now cohabiting. A copy of the marriage
certificate duly issued by the local civil registrar herein attached as Exhibit D.

9. That upon verifying the information, I have filed a bigamy case

against the respondent. A copy of certification indicating that the case is still
pending in Regional Trial Court Manila is herein attached as Exhibit E.

10. Thereafter, respondent failed and refused to provide monthly

support for me and my three children. Prior to the filing of bigamy case,
respondent used to provide support by depositing Php 10,000.00 in our joint
bank account on a monthly basis. A copy of the statement of account showing
bank transactions from 2008 (year of cohabitation) up to present is herein
attached as Exhibit F.

11. That at present, I was forced to work day and night to meet our
daily sustenance. As a result thereof, I suffered a heart ailment. A copy of my
doctor’s diagnostics and prescriptions is herein attached as Exhibit G.

12. From July 2021 and continuously up to present time, respondent

deliberately and completely refuse and fail to provide our three minor
children with financial and economic support despite my repeated pleas for
him to provide such support and, despite the fact of receipt by him of my
Letter of Demand for Support hereto appended as Exhibit H respondent
remain heedless an adamant as he persistently refuses and fails to provide our
minor children with financial or economic support;

13. That respondent’s deliberate, continuous and complete refusal

and failure to give support to our children occurred at the time I and the
children were residing in Quezon City, and such refusal and failure to provide
support continues up to present time;

14. That the afore-narrated actuations of the respondent without any

justifiable reasons in depriving our three (3) minor children of financial or
economic support and/or monthy financial or economic support constitutes
economic violence under Section 5, paragraph (2) of R.A. 9262 known as
Violence Against Women and Children Act that is, - 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;

15. That respondent’s actuations likewise constitutes economic

violence under Section 5, paragraph (3) of R.A. 9262, that is - Depriving or
threatening to deprive the woman or her child of a legal right;

13. That as may be culled from Certification issued by the Civil

Aviation Authority (Exhibit “A” hereof), respondent is earning rich,
abounding and handsome salary of Two Hundred Thousand Pesos (Php
200,000.00) per month exclusive of his other employment benefits, thus, there
is no reason that he should deprived our three (3) children the monthly
support or economic or financial report;
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14. That respondent’s acts has caused so much emotional and

financial distress not only to me but to our three (3) children, specially our
first Child who may already have trauma or stigma, since without my
encouragement and insistence, he would not want to go to school as he is being
branded of having no Father;

15. That I alone tend to and take care our minor children thus, I
could not take full time job or employment, except the on-line shop in selling
bags I mentioned to help a little somehow in our daily needs or sustenance
though it is not very profitable;

16. That I execute this Complaint-Affidavit to attest to the truth of

the foregoing facts and for the purpose of filing a Complaint for Violation of
Republic Act 9262 known as the Violence Against Women and Their Children
Act against respondent ROMELL MEDINA LUCERO with
the Office of the City Prosecutor of Quezon City.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

______ day of June 2022 at _________________- City, Metro Manila,
Philippines.

KIM PEREZ
Affiant

SUBSCRIBED AND SWORN to before me this ______ day of June

2022 and I hereby Certify that I have examined the Affiant and I am fully
satisfied that she voluntarily executed her Complaint-Affidavit and that she
understood the same.

ASSISTANT CITY PROSECUTOR

PRAYER

WHEREFORE, it is most respectfully prayed to this Honorable Court that, after hearing,
JUDGEMENT be rendered:

1. Granting plaintiff the necessary support in accordance with Presidential Decree No.
1083; and

2. Adjudging defendant to pay the costs of this suit.

Plaintiff further prays for such other reliefs deemed just and equitable under the
foregoing circumstances.

Iligan City, Philippines, June 9, 2022.

MARIA JELICA D. EUSEBIO

Counsel for Plaintiff
1234 Highway Hills,
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Mandaluyong City
IBP O.R. 0987654
PTR No. 0123456

VERIFICATION AND CERTIFICATION

Republic of the Philippines)
City of Iligan ) S.S.

I, KIM PEREZ, of legal age, married, and a resident of No. 0047 F. Bonifaio Street,
Kabayanan, Quezon City, after being sworn in accordance with law, do hereby dispose
and say:

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the foregoing complaint;

3. That I have read the allegations thereof and to my own knowledge the same are true
and correct;

4. That I have not heretofore commenced any other action or proceeding involving the
same issues before the Supreme Court, the Court of Appeals, or any other tribunal or agency
and to my own knowledge no such action or proceeding is pending at the aforementioned
courts; and

5. That should I learn hereafter that a similar action or proceeding has been filed or
pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report such fact to this Honorable Court within five (5) days therefrom.

IN WITNESS whereof, I have hereunto set my hand this __ day of June 2022 at
________________ City, Philippines.

KIM PEREZ
Affiant

SUBSCRIBED and sworn to before me this __ day of June 2022 at ____________- City,
Philippines, affiant exhibiting to me her UMID No. 123556899 issued on ___________ at
____________City, Philippines.

NOTARY PUBLIC
Until December 31, 2013
PTR No. 0456789

Doc. No. 1987

Page No. 143
Book No. 11
Series of 2013