Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR OF BOHOL
Bohol, Philippines

PEOPLE OF THE PHILIPPINES

Complainant,
Criminal Case No. 0001
For: MUTILATION

MS. ELLENA MIAG-AO Y ADARNA

Respondent.
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COUNTER-AFFIDAVIT

I, ELLENA A. MIAG-AO, Filipino, of legal age, married and a

resident of 123 Road 1, Mabuhay Village, Dao District, Tagbilaran City,
Bohol, Philippines after having been duly sworn to in accordance with
law do hereby depose and state that:

1. I am the accused in Criminal Case No. 0001 for the crime of

MUTILATION under Article 262 of the Revised Penal Code;

2. I am the wife of the complainant. I am unemployed and mainly

dependent on my husband for support;

3. 5 years ago, I married my husband because I got pregnant 3

months after dating. I was only 20 years old at that time while my
husband was 30. He promised me everything my young self
would have wanted including marriage. Everything happened so
fast. He was so sweet and caring that by the time he asked for
sex, I was not able to resist.

4. At the time of our married life, everything was fine and our
relationship was doing well. It was after I gave birth to my first
born that things started to change. He keeps on insisting for sex
despite the fact that I just got discharged from the hospital.
Things got even weirder because he made me do peculiar acts
while we were having sex such as tying me to the shower while he
performed lustful acts to my body. This went on for many
successive nights and if I complain, I got punished by him,
whipping me with a 12 mm rope. Basically, I became his sex slave
 because all those acts were done for his pleasure and there was
no love and affection involved at all. I dont even feel any form of
pleasure every time he does those acts to me and it was all done
for the purpose of satisfying himself. For every time those acts
were done to me, I feel disrespected and abused. I always
breakdown for that reason but I feel that Im obliged as his wife to
submit to his desires. In addition to that, he also assures me that
he will change and that he apologizes for his acts.

5. When my husband got reassigned in Cebu last June 2015, we

agreed that I will visit him twice a month with my child. Each time
I pay him a visit, he never fails to demand for inordinate sex. I
noticed that his sex drive seemed to increase. This time, he
doesnt only execute strange sexual conducts such as handcuffing
me to the bed or choking my neck with a tie while he made his
way in but also filmed our sexual encounters using his phone. At
first I did not approve of such but my husband told me that it is
his way of satisfying himself during those nights that we are away
and that somehow consoled me. This went on for several months.

6. Last January 2017, I decided to give my husband a surprise visit in

Cebu. I was bearing the news that I was 2 months pregnant with
our second child. I thought it will make him happy so I went to his
place without telling him and even if its ahead of our usual
visiting schedule. However, upon arrival in his apartment, he
doesnt seem to be pleased. He asked if I was missing our sexual
actions and demanded me to go to the room. I refused because
my first born child was there and I knew that the first trimester of
pregnancy is the most critical one. Unfortunately, my husband
was persistent and he dragged me to the room. He closed the
door and pinned me down to bed. He then tied me and
proceeded to undress me. I told him to stop because I was
pregnant and it might harm the baby but he doesnt seem to be
bothered about it. He went on to perform rough sex by pulling my
hair and calling me a dirty whore while slapping me everywhere. I
was crying all the time but in the end, he told me that he just
missed me and he gets aroused every time he sees me.

7. The sexual intercourse that we did in the previous paragraph

caused the life of my baby. Few hours after we had sex, my
vagina was bleeding profusely. I experienced extreme abdominal
pain and pelvic cramps. I could not move and I collapsed in his
apartment. When I regained my consciousness, I was at the
hospital and the doctor told me that I just had a miscarriage. I felt
 so devastated and that I couldnt stop crying for days. My
husband apologized to me and said that he will try to be better.

8. On July 03, 2017, I had my usual visit to my husband in Cebu. I

went straight to his apartment and waited until the end of office
hours. However, around past 7pm, there was still no sign of him
so I called one of his workmates. Ive learned that there was a
party hosted by one of their workmates who was celebrating his
birthday on that day. The bar where the party was hosted was
just a few blocks away from his office and his colleague told me
that he was there. Upon hearing that, I went to the said bar to
fetch him. To my surprise, I saw him in a table sitting with some
ladies while drinking beer. He got shocked when he saw me and
he instantly got angry and dragged me out of the bar.

9. When we got out the bar, he immediately told me that I should

go home in Bohol because I was an embarrassment and his
workmates should not see me. I was extremely disappointed by
what he said and because of that, I boarded the next boat
available, which is the Lite Ferry. I arrived home and cried myself
to sleep.

10. At around 8 am in the morning, while I was busy preparing

breakfast, I heard a loud knock on the door and I saw that it was
him. Upon entering the house, he proceeded to the kitchen
where I was and he immediately hugged and kissed me and
inserted his hands in my pants. I pushed him away because I can
smell that he is still intoxicated and I know that he was asking for
sex but he pulled my hair and slapped my face and told me that I
am useless as a wife. We had a commotion in the kitchen and he
became wildly violent. He punched me in the abdomen and
kicked my legs which rendered me unable to move. I hit my head
in the kitchen counter that made me dizzy. He then dragged me
to the room and threw me to bed where he once again succeeded
in getting sex.

11. After my husband was done, he immediately fell asleep leaving

me weak and debilitated. My body was in pain everywhere and I
noticed that blood was dripping out of my vagina. I could not
move and I felt so helpless, violated, and I was shaking with fear. I
was crying all the time while he was busy with me and when I
turned my head to the side I saw a knife on the floor.
 12. After that, I could no longer recall what happened. The next thing
I remember, my husband was shouting for help. I saw the knife in
my hands and blood was everywhere. I was trembling with fear
and I didnt know what to do.

13. I am executing this Counter-Affidavit for the purpose of attesting

to the truth of the foregoing statements, to inform the proper
authorities of the above facts, to support my prayer for the
dropping or dismissal of the instant case against me ( unsay mas
luoy nga prayer nga tungod sa sexual abuses nabuhat ang pagputol
nga wala tuyoa kay nagcloud iya mind tungod wala tulog gikan
gipugos npd sex ) and for whatever purpose this may serve best.

IN WITNESS WHEREOF, I hereunto affix my signature on 5th day of July

2017 at Tagbilaran City, Bohol, Philippines.

ELLENA ADARNA MIAG-AO

Affiant

SUBSCRIBED AND SWORN to before me this 5th day of July 2017 at

Tagbilaran City, Bohol, Philippines and that I personally examined the
above-named affiant and made him understood the elements of his
testimonies and I am fully convinced and satisfied that the affiant
understand and signifies to the truthfulness of his testimonies.

JESS ARCHEE REAL

PROSECUTOR
CITY OF TAGBILARAN