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Marc Roby G.

de Chavez REPUBLIC OF THE PHILIPPINES MUNICIPAL CIRCUIT TRIAL COURT OF MASINLOC AND PALAUIG MASINLOC, ZAMBALES

PEOPLE OF THE PHILIPPINES, Plaintiff, -versusCRIM. CASE NO. 749 (NPS Docket No. III-019-inv-09J-0006191 FOR: CONCUBINAGE under Article 334 of the Revised DANILO PASCUAL and Penal Code LERMA ERMITA (both at-large) Brgy. Tapuac, Masinloc Zambales Accused. x-------------------------------------------------------------x

INFORMATION The undersigned 1st Assistant Provincial Prosecutor of Zambales accuses Danilo Pascual and Lerma Ermita of the crime of Concubinage under Article 334 of the Revised Penal Code, committed as follows:

That sometime in the year 2008 and up to the present time, in Brgy. Tapuac, Municipality of Masinloc, Province of Zambales, Philippines, and within the jurisidiction of this Honarable Court, accused, Danilo Pascual, being then lawfully and legally married to Digna Tapado-Pascual did then and there willfully, unlawfully and feloniously at said time and place, cohabit with Lerma Ermita, his co-accused and live together as husband and wife in Brgy. Tapuac, Masinloc, Zambales, and accused Lerma Ermita, knowing that her co-accused Danilo Pascual is married man, cohabitede with him at the said time and place, to the damage and prejudice of Digna Tapado-Pascual, the lawful of accused Danilo Pascual. CONTRARY TO LAW. Iba, Zambales, April 30, 2010

EMELYN T. NACIN-CATOLICO 1st Assistant Provincial Prosecutor APPROVED:

JORGE D. BACULI Provincial Prosecutor

CERTIFICATION

I hereby certify that a preliminary investigation of this case has been conducted by me in accordance with law; that I have examined the complainant and on the basis of the sworn statements and other evidence submitted before me, there is reasonable ground to believe that the offense charge has been committed and that the accused are probably guilty thereof; that the accused were informed of the complaint and of the evidence submitted against them and that they were given opportunity to submit controverting evidence.

EMELYN T. NACIN-CATOLICO 1st Assistant Provincial Prosecutor

SUBSCRIBED AND SWORN to before me this 6th day of May 2010, Iba, Zambales

JORGE D. BACULI Provincial Prosecutor

Witnesses: 1. Digna Pascual 867 Escoda St., Ermita, Manila

2.

And others

BAIL RECOMMENDED: 1) P10,000.00 for the accused Danilo Pascual 2) No bail required required for accused Lerma Ermita

ETNC/Cfe*

Note: Elements of Concubinage: 1. That the man must be married a. That he committed any of the following acts b. Keeping a mistress in the conjugal dwelling c. Having sexual intercourses under scandalous circumstances with a woman who is not his wife 2. Cohabiting with her in any other place 3. That as regards the woman, she must know him to be married

In this Criminal Information, the second element is lacking