REPUBLIC OF THE PHILIPPINES)

CITY OF MANDAUE . . . . . . . . . )S.S.

COMPLAINT-AFFIDAVIT
I, MARIA M. MERCEDES, of legal age, a teacher, and
a resident of Wireless Subangdaku, Mandaue City, Cebu,
after having been duly sworn in accordance with law, do
hereby depose and state:
That PROSECUTOR YDREL C. OBSIOMA, is the
counsel who conducted and supervised my examination as a
complainant at his office at Mandaue City District Office,
Ground Floor, Hall of Justice, C.D. Seno St., Brgy. Tipolo,
Mandaue City, Cebu.
That I am answering the questions herein fully
conscious that I do so under oath and that I may be
criminally liable for false testimony or perjury;
The following are the questions asked by Prosecutor
Ydrel Obsioma and my answers in the English language:
Q1: Are you the same Maria M. Mercedes, the private
complainant in the
case for violation of R.A 9262 pending
before the Regional Trial Court, Branch 3 of Mandaue City,
Cebu?
A1: Yes, Sir.
Q2: Do you personally know the accused in this case, Mr.
Pedro S. Mercedes?
A2: Yes, he is my husband, Sir.
Q3: Where were you on December 22, 2014 at about 9 pm in
the evening?
A3: I was in our house at Wireless Subangdaku, Mandaue
together with my daughter, Juana Mercedes, Sir.
Q4: What transpired during this time?
A4: This was the time that my husband came home very
drunk.
Q5: How often was your husband drunk?

A5: He is a habitual drinker. He would get home from work

usually drunk, due to excessive use of alcoholic drinks.
During this time, he was also frustrated at me because I
would not give him money, money that I saved for my
daughters tuition. Thus, he threatened me that if after he
went out to drink, he would beat me up to put me in my
place.
Q6: With your husband returning from his drinking session,
what transpired next?
A6: He immediately dragged me into our room and punched
me twice on the upper right part of my abdomen and
slapped me several times.
Q7: During this time, what was your daughter doing?
A7: She was crying, screaming for her father to stop, but it
was of no use.
She then was sitting in the corner, her eyes could not believe
what she saw. As a mother, it was painful to watch my
daughter witness such abuse.
Q8: At that point, what did you do?
A8: I was crying, pleading for help. Seeing that my husband
is 66 tall, has strong muscles and I a frail woman standing
411 could not do anything to defend myself.
Q9: Did anyone come to your aid?
A9: Luckily, a tanod was nearby when I called for help. He
was able to hear my plea and was able to stop Pedro from
inflicting further harm on me.
Q10: And then, what happened next?
A10: I had a hard time standing up due to the pain in my
abdomen. The tanod helped me stand up and accompanied
me to the nearest hospital to get checked, while my
daughter was sent to my parents to get consoled and stayed
there temporarily while I was recuperating from my injuries.
Q11: What were the findings of the doctor?
A11: The blunt force inflicted was so strong that it caused
hematoma and ruptured the big blood vessels of the liver. I
needed an immediate operation and stayed at the hospital
for three (3) weeks. The doctor advised me to rest for three
(3) months for the wounds and stitches to heal, and at this
point, I was having a hard time standing up, worst I could not
go to school to teach my students.

Attached to this Judicial Affidavit is an original copy of

the medical certificate marked as Exhibit A
Q12: Who was the one who issued this medical certificate?
A12: It was issued and signed by the same physician who
attended me and operated on me, Dr. Paul Mabelin of
Mandaue District City Hospital.
Q13: Where was your daughter at this point?
A13: She stayed at my parents. However, after the incident
there was a period of time that she could not talk. She went
through checkup and was referred to a child Psychologist
and Psychiatrist for counseling and rehab.
Q14: Who were the Psychologist and Psychiatrist that
attended her?
A14: It was Collen C. Casinabe, the Psychologist and Dr. Jigs
C. Brobo, the Psychiatrist.
Attached to this Judicial Affidavit is an original copy of
the findings of the Psychologist marked as Exhibit B and
the medical certificate issued by the Psychologist marked as
Exhibit C.
Q15: Do you have anything more to add, Ms. Mercedes?
A15: That would be all, Sir. I would now like to go home and
rest.
May it be made known that I am executing this affidavit
to establish the fact that I was physically abused by Pedro S.
Martinez of Wireless Subangdaku, Mandaue and my child
suffered psychological trauma from the said incident. And
this affidavit is executed to support my complaint for
violation of R.A 9262 done against me and my child.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 27th day of March 2015 at Mandaue City,
Philippines.

MARIA
M.
MERCEDES
Complainant

SUBSCRIBED AND SWORN to before me, this 27 th day of

March 2014 at Mandaue City, Cebu, Philippines. The affiant
exhibiting to me her Passport issued by the Department of
Foreign Affairs Manila on 15th of April 2014 at Roxas Blvd,
Manila. I HEREBY CERTIFY that I have personally examined
the above-named affiant and that I am satisfied that the
foregoing statements were given by her freely, voluntarily
and understood the same.

YDREL OBSIOMA
Prosecutor II
OPP-CEBU

ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a prosecutor, of legal age and

residing at UN Ave., Brgy. Umapad, Mandaue City, after
having been sworn to and in accordance with the law do
hereby depose and say:
I.

That I have faithfully recorded or caused to be

recorded

the

questions

asked

and

the

corresponding answer that complainant, Maria M.

II.

Mercedes, gave;
That I have not, nor any other person present or
assisting coached the complainant regarding the

III.

latters answers;
That I fully understand that any false attestation
shall subject me to disciplinary action, including
disbarment.

YDREL

C.

OBSIOMA

SUBSCRIBED AND SWORN to before me this 27th day of

December 2014 at Mandaue City, Cebu.

CONCHITA R. PO
Notary Public
Commission expires on December 31,
2015
PTR No. 906760 issued Jan. 3,
2014
IBP No. 918300
Roll No. 13466
MCLE Complance No. 312312

December 28, 2014

Hon. Grace Lee
Provincial Prosecutor
Palace of Justice
Capitol Site
Cebu City
Good Day!
I am respectfully filling a complaint for violation of R.A.
9262 against:
PEDRO S. MERCEDES
OF
WIRELESS SUBANGDAKU, MANDAUE CITY
For causing physical abuse to me, her wife, the
respondent has violated Section 5 (a) of R.A 9262. Further,
for causing or likely to cause mental or emotional suffering
to my daughter, the respondent has violated Section 5 (h) of
R.A 9262, both of which are punishable under law.

The facts and circumstances of the case are narrated

by me through a complaint-affidavit with annexes and an
affidavit of witnesses that I have attached and submitted
together with this cover letter.
Thus, in pursuant to the Rules of Criminal Procedure, as
amended, it is requested that a preliminary investigation be
conducted in accordance with the said rules and procedure
and after determining probable cause of the crime charged,
an INFORMATION for violation of R.A 9252 against the above
mentioned respondent be filed in the proper judicial court.
Thank you very much and Godspeed.
Yours Truly,
MARIA

M.

MERCEDES
Complainant
Wireless
Subangdaku
Mandaue City, Cebu

REPUBLIC OF THE PHILIPPINES)

CITY OF MANDAUE . . . . . . . . )S.S.

AFFIDAVIT

I, NIKO S. YU, of legal age, Filipino, married and

presently residing at Wireless Subangdaku, Mandaue City,
Cebu, Philippines, after having been duly sworn to in
accordance with law, hereby depose and say:

1. That I am assigned as a Barangay Tanod of

Subangdaku, Mandaue City, Cebu Philippines for a year
already;
2. That sometime on December 22, 2014 at around
9:00 oclock in the morning while performing my
function as a Barangay Tanod of said barangay, when I
heard a commotion inside a house.
3. The when the house was five (5) feet away from me,
I saw through the windows, a man slapping her wife
several times till she cried for help;
4.

That

out

of my

sympathy

to

the

woman,

immediately entered the house and stopped the man

from inflicting more injuries to the woman.
5. That the name of the woman that was being
physically abused by the man of huge body structure is
MARIA M. MERCEDES and the name of the man who
physically abused her is PEDRO S. MERCEDES
6. That I am executing this affidavit in order to establish
the foregoing fact and to support the complaint of
MARIA M. MERCEDES for Violation of R.A 9262 against
PEDRO S. MERCEDES.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 27th day of December 2014 at Mandaue City,
Philippines.

NIKO YU
Affiant

SUBSCRIBED AND SWORN to before me, this 27 th day of

December

2014 at Mandaue City,

Cebu, Philippines. The

affiant exhibiting to me his Drivers License issued on

November 23, 2014 . I HEREBY CERTIFY that I have
personally examined the above-named affiant and that I am
satisfied that the foregoing statements were given by her
freely, voluntarily and understood the same.

YDREL OBSIOMA
Prosecutor II
OPP-CEBU

ATTESTATION CLAUSE

I, YDREL C. OBSIOMA, a prosecutor, of legal age and

residing at UN Ave., Brgy. Umapad, Mandaue City, after
having been sworn to and in accordance with the law do
hereby depose and say:
IV.

That I have faithfully recorded or caused to be

recorded

V.

the

questions

asked

and

the

corresponding answer that affiant, NIKO YU, gave;

That I have not, nor any other person present or
assisting coached the complainant regarding the

VI.

latters answers;
That I fully understand that any false attestation
shall subject me to disciplinary action, including
disbarment.

YDREL
OBSIOMA

C.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7th Judicial Region
Branch 3
Mandaue City, Cebu

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus-

CRIM. CASE NO. 74712-00

FOR: VIOLATION OF R.A 9262
(ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
ACT OF 2004)

PEDRO SING Y MERCEDES,

Accused.
x-- - - - - - - - - - - - - - - - - - - - - /

INFORMATION

The undersigned city prosecutor, upon the sworn

complaint of the private offended party accuses, PEDRO S.
MERCEDES for the crime of violation of R.A 9262 committed
as follows:
That on or about December 22, 2014 around 9:00 in the
evening at Wireless Subangdaku, Mandaue City, Cebu,
Philippines and within the jurisdiction of this honorable court,
the said accused entered their house drunk, dragged the
private offended party to their room and willfully, unlawfully
and feloniously physically abused the latter by punching her
(2) twice and slapped her (7) seven times which caused the
latter

to

be

hospitalized

for

(3)

three

weeks

and

incapacitated her for work for (3) three months. In addition,

by engaging in purposeful conduct of violence, the accused
caused substantial emotional and psychological distress
toward the child of the private offended party which caused
the child to stop speaking, as a result and needed counseling
from a Psychologist and treatment from a Psychiatrist.
This

crime

was

committed

with

aggravating

circumstances of abuse of superior strength and intoxication

that is habitual and is intentional.
CONTRARY TO LAW.

Mandaue City, March 27, 2015

WITNESSES:

JUANA M. MERCEDES
NIKO S. YU

YDREL
OBSIOMA
City
Prosecutor

CERTIFICATION
I

hereby

certify

preliminary

investigation

has

previously been conducted in this case under my direction,

having examined the witnesses in accordance with the
provisions of R.A. No. 5180, as amended by P.D. No. 77,
Dec.6, 1972 and P.D. 911, March 23, 1976 and as
implemented by Dept. of Justice Circular No. 74, series of
1967 and Circular No. 23, series of 1975.

YDREL OBSIOMA
Assistant Prosecutor

SUBSCRIBED AND SWORN to me this 27th day of March, 2015

by YDREL OBSIOMA, assistant prosecutor of Mandaue City.

BARON GEDDON
Judge,
RTC of Mandaue City, Branch 3

SECTION 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;
(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 belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
CIVIL
Art. 2205. Damages may be recovered:
(1) For loss or impairment of earning capacity in cases of temporary or permanent
personal injury;

Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation,
and similar injury. Though incapable of pecuniary computation, moral damages may
be recovered if they are the proximate result of the defendant's wrongful act for
omission.

REMEDIES
SECTION 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
Section 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 Section 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
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 section 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.
SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may
be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government
units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where
the violence against women and their children occurred and who has personal
knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the
rules on venue under Section 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of residence of the petitioner: Provided, however,
That if a family court exists in the place of residence of the petitioner, the application shall be
filed with that court.
SECTION 11. How to Apply for a Protection Order. The application for a protection order
must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter or
issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be
made available to facilitate applications for protections order, and shall contain, among other,
the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another
court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When
disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for
both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for
protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this
Act shall be enforceable anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months.

LIABILITY OF TANOD
SECTION 34. Persons Intervening Exempt from
Liability. In every case of violence against women and their
children as herein defined, any person, private individual or
police authority or barangay official who, acting in accordance
with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the
victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.