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Republic of the Philippines

Fourth Judicial Region


Regional Trial Court
Branch XVI
Cavite City
MICHELLE A. VALE CRUZ
Complainant,
- versus Complaint for: Violation of R.A 9262
Violence Against Women and their
Children
LANZ AIDAN L. OLIVES
Accused.
x-------------------------------x
JUDICIAL AFFIDAVIT OF MICHELLE A. VALE CRUZ
I, MICHELLE A. VALE CRUZ, of legal age, married, and living at 123
Hermanos St., Caridad, Cavite City, petitioner in this case, state under oath
as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Grace Marielle Cruz with address at 117
Gamboa St., San Antonio, Cavite City. The examination is being held at the
same address. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and perjury.
PURPOSE
This affidavit of petitioner MICHELLE A.VALE CRUZ is being offered to
prove that the respondent has refused and continuously refused to give
financial support to the petitioner and their children.
Q: State your name and other personal circumstances for the record.
A: I am Michelle A. Vale Cruz, 28 years old, married, and with residence at
123 Hermanos St., Caridad, Cavite City.
Q: Do you know the accused in this case?
A: Yes.

Q: How did you know the accused?


A: He is my husband.
Q: How long have you been married?
A: Five years.
Q: How many kids do you have with the accused, if any?
A: One.
Q: Describe your relationship with your husband.
A: The first three years of our married life was harmonious. He used to be a
loving husband. He was also a great provider for our family.
Q: What happened on the 4th and 5th year of your marriage?
A: He was promoted by his company as a branch manager in Iloilo in
January 2015. He then needed to be relocated there. He sent P30,000 for the
month of February, March and April. However, after those months, he
stopped sending support for me and our daughter.
Q: What did you do when he stopped sending money?
A: I would always call him and remind him to send money for our family
since I needed money for the monthly check up of our daughter and also for
other expenses such as electricity bills, telephone bills, water bills, and other
baby supplies for our daughter.
Q: What did the accused said when you demanded that he send money to
you?
A: When I called him on May 31, 2015, he said that his salary was delayed
due to some problems. He asked me to wait within the week and he will
send us the money immediately.
Q: Did he send the money one week after you were able to talk to him?
A: No.
Q: What did you do after?
A: I tried calling him again but he asked me again to wait. But I never
received our monthly allowance for the month of May and even the
succeeding months.
Q: What happened when he failed to send you allowance?
A: I just called him again and again but he was no longer responding starting
June 15 2015.
Q: What did you do next?
A: I tried calling his co-workers to know what happened to him.
Q: What did his co-workers told you?

A: They told me that he already resigned from their company on June 15,
2015 and that he already moved to Cebu City.
Q: What did you do after?
A: I went to my mother-in-laws house and asked whether he know about tat
matter.
Q: What was your mother-in-laws answer?
A: She said that she has no idea where her son was.
Q: What other actions did you take to communicate with your husband?
A: I stalked his Facebook profile and found out that he was indeed in Cebu
City and was cohabiting with another woman.
Q: How did you know that he was cohabiting with this woman?
A: Because the woman uploads their pictures.
Q: What did you do after?
A: I went to Cebu City to take my husband back and to compel him to
provide financial support to his family.
Q: When did you arrive at Cebu City?
A: On September 7, 2015.
Q: Were you able to locate where he was residing?
A: Yes. I asked around and the people helped me reach his exact address.
Q: What happened when you arrived in his house?
A: He was so shocked that I was there. His mistress was also surprised. The
three of us fought. I was crying inconsolably and my husband said that he
was so sorry. I made him choose between me and his daughter and his
mistress. He just said, Im sorry.
Q: What did you do after?
A: I slapped him and his mistress before I left.
Q: What did you do when you return in Cavite City?
A: On September 10, 2015, I asked for the assistance of a lawyer to draft a
demand letter to be sent to my husband to compel him to provide monthly
support for me and our daughter.
Q: How much did you demand from your husband?
A: P30,000. The same as he used to give us.
Q: Did the accused send you money pursuant to your demand letter?
A: No. He never sent me any amount.

Q: Since your husband does not provide you with any financial assistance,
how are you able to support yourself and your daughter?
A: At first, I was compelled to mortgage certain pieces of jewelry I own
because I really have no money. I even had to mortgaged our wedding ring
so I could buy our daughter vitamins and milk.
Q: Did you try to seek assistance from any relative and/or friends?
A: Yes.
Q: Who are these people?
A: My mother-in-law, my best friend Kaye, and eventually, my mother.
Q: What did you tell your mother-in-law?
A: I told her that her son abandoned me and our children and is now
cohabiting with another woman. I asked for her financial aid.
Q: Did she help you?
A: No. She told me that she has no money either.
Q: You said you asked for help from your friend, did she help you?
A: Yes. Since she was also the godmother of my daughter, she provides one
can of milk per month.
Q: How were you able to pay your other expenses?
A: I sold my jewelry. I loaned from some friends.
Q: Do you have a job?
A: No.
Q: Since when were you jobless?
A: Since I got pregnant.
Q: Was that a personal choice?
A: No.
Q: Then whose choice was that?
A: My husband. He asked me to stop from work when we found out that I
was pregnant so I could take care of myself better.
Q: When you gave birth, did you try to return to work?
A: No.
Q: Why?
A: Because he prevented me from doing so.
Q: How did he prevent you from working?
A: He said that since we are now married, I should just do household chores
and be a housewife.

Q: Did you obey him?


A: Yes.
Q: You said that you also seek help from your mother, how did you tell her?
A: At first, she did not know that my husband has abandoned us already.
When all my jewelry were sold and when my landlord ejected me from our
apartment, I had no choice but to go to my mother and tell her everything.
She told me that me and my daughter are welcome in her house.
Q: Do you stay there now?
A: Yes.
Q: Have you ever heard from the accused again?
A: Never.
MICHELLE A. VALE CRUZ
Affiant
SUBSCRIBED AND SWORN TO before me this April 21, 2016 in Cavite,
Philippines the following affiant exhibiting to me her Passport No. 158157
issued at DFA Manila being sufficient and competent evidence of her
identity in pursuant to the 2004 Rules of Notarial Practice.
Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2016.

Kayelyn Lat
NOTARY PUBLIC for Cavite
Commission Serial No.______
Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No._______

I, ATTY. GRACE MARIELLE CRUZ, of legal age, Filipino, with postal


address 117 Gamboa St., San Antonio, Cavite City, after being duly sworn
depose and say:
1.
I was the one who conducted the examination of Michelle A. Vale
Cruz at my aforementioned office in 117 Gamboa St., San Antonio, Cavite
City;
2.
I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;

3.
I nor any other person then present or assisting her coached the
witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of ____
2016 at Cavite City, Philippines.
ATTY. GRACE MARIELLE CRUZ
Affiant
SUBSCRIBED AND SWORN TO before me this April 21, 2016 in Cavite,
Philippines the following affiant exhibiting to me her Passport No. 158157
issued at DFA Manila being sufficient and competent evidence of her
identity in pursuant to the 2004 Rules of Notarial Practice.
Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2016.

Kayelyn Lat
NOTARY PUBLIC for Cavite
Commission Serial No.______
Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No._______