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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 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

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 Physical Violence in relation to

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, Sir.


Q3: Can you tell me why you personally know Mr. Mercedes?
A3: He is my husband, Sir.
Q4: Where were you on December 22,2014 at about 9 pm in
the evening?
A4: I was in our house at Wireless Subangdaku, Mandaue,
Sir.
Q5: Who were you with you during this time?
A5: With my child, Juana Mercedes. This was also the time
when my husband arrived home, whom which was very
drunk.
Q6: With your husband under the influence of alcohol, what
transpired during that time?
A6: He immediately went in to our room, and for no reason
at all, he punched me on my stomach twice 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.
Q8: At that point, what did you do?
A8: Seeing that my husband is 66 tall and has strong
muscles, the result of working out four time a week, I could
not do anything but shout for help while he was slapping me
endlessly.
Q9: Did anyone come to your aid?

A9: Luckily, the tanods were nearby when I called for help.
They were able to hear my plea and were 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. Niko, one of the tanods helped me stand up and
accompanied me to the nearest hospital to get checked,
while my daughter was sent to my parents so that she would
stay there temporarily while I was recuperating from my
injuries.
Q11: What were the findings of the doctor?
A11: The pain was due to a bruised liver, as a result of the
punches inflicted by Pedro. I was admitted to the hospital for
3 days and was incapacitated to work for a period of 5 days.
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, Dr. Paul Mabelin of Mandaue District City
Hospital.
Q13: Do you have anything more to add, Ms. Mercedes?
A13: Yes, 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
aswell to support my complaint for violation of R.A 9262
done against me.

IN WITNESS WHEREOF, I have hereunto affixed my


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

MARIA
M.
MERCEDES
Complainant

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


December
affiant

2014 at Mandaue City,

exhibiting

to

me

her

Cebu, Philippines. The

Passport

issued

by

the

Department of Foreign Affairs Manila on 15 th of April 2013 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 formally filling a complaint for violation of R.A.
9262 against:
PEDRO S. MERCEDES
OF
WIRELESS SUBANGDAKU, MANDAUE CITY
For causing physical harm to me, her wife, the former
has violated Section 5 (a) of R.A 9262 which is punishable
under law. The facts and circumstances of the case are
narrated by me through an affidavit of complaint that I have
attached and submitted together with this cover letter.
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

REPUBLIC OF THE PHILIPPINES


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

PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIM. CASE NO. 74712-00


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

-versus-

PEDRO SING Y MERCEDES,


Accused.
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