Republic of the Philippines

Seventh Judicial Region

Regional Trial Court
Branch I
Tagbilaran City

PEOPLE OF THE PHILIPPINES

Plaintiff,

- versus -
Criminal Case No. 123456
For : Mutilation

MARIA JUNILA NALUPA MIAG-AO

Accused.

x--------------------------------------------------x

JUDICIAL AFFIDAVIT OF DIVINO MIAG-AO

I, DIVINO MIAG-AO, of legal age, married, and living at 123 Road 1,

Mabuhay Village, Dao District, Tagbilaran City, complainant in this case,
state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Abo Gado with address at 117 Belderol
St., Cogon District, Tagbilaran 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 complainant DIVINO MIAG-AO is being offered to prove

that the accused had intentionally and totally mutilate the complainants
essential organ of reproduction.

Q: State your name and other personal circumstances for the record.
A: I am Divino Miag-ao, 38 years old, married, and with residence at 123
Road 1, Mabuhay Village, Dao District, Tagbilaran City.

Q: Do you know the accused in this case?

A: Yes.

Q: How did you know the accused?

A: She is my wife.

Q: How long have you been married?

A: 5 years.

Q: How many kids do you have with the accused, if any?

A: One.

Q: Describe your relationship with your wife.

A: The first three years of our married life was harmonious. She used to be a
loving wife. She was also a caring and responsible wife and mother for our
family.

Q: What happened on the 4th and 5th year of your marriage?

A: She became cold and suspicious that I engage in numerous casual sexual
affairs with women when I was promoted by my company as a branch
manager in Cebu City in January 2015. I then needed to be relocated there.

Q: When you were in Cebu City, did you support your family financially?
A: Yes, I sent P20,000.00 monthly to support my wife and my daughter.
However, since May 2017, I stopped sending money as support to them.

Q: Why did you stop sending money?

A: I stopped because my mother who lived in the same village with my
family reported to me that my wife had been addicted to gambling and the
money she received from me was spent in her gambling activities. That she
even failed to pay for our daughters regular check-up 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 stopped sending money?
A: When I called her on May 31, 2017, she said that I stopped sending
money because I have a mistress in Cebu City. I tried to explain but it ended
up in an argument.
Q: Did she demand support after you were able to talk to her?
A: Yes.

Q: What did you do after?

A: I sent money but this time I sent it to my mother. I told my mother to buy
directly baby supplies for my daughter and hand it to my wife.

Q: What happened when she knew that the money was sent through your
mother?
A: She was very furious. She called me again and again. She cursed at me
and insisted that I have a mistress. She even threatened to kill me and my
alleged mistress.

Q: What was your response?

A: I answered her that her allegations were not true. However, she never
believed me and called my co-workers to obtain information regarding my
activities and my alleged mistress.

Q: What other actions did she take?

A: She demanded me of my Facebook account password.

Q: Did you give your password?

A: Yes.

Q: Did you have any opportunity to delete any post or conversation in your
Facebook account before you gave your password?
A: No, I gave it immediately after she demanded.

Q: What did she discovered in your Facebook account?

A: Nothing serious except the greetings of my co-worker during my
birthday.

Q: What was the birthday greeting about?

A: It was just a generic birthday greeting sent in my messenger with a phrase
We love you at the end which made my wife very furious.

Q: What did you do after?

A: I explained to her that as a branch manager, it is normal to receive such
message from my subordinates especially that it was my birthday.

Q: What was her answer?

A: She said Bantay lang mo anang imong kabit.

Q: What other actions did she take?

A: She stalked my co-workers Facebook account.
Q: How did you know that she was stalking your co-workers Facebook
account?
A: Because she confronted me as to why we have a picture together in one
of my co-workers Facebook post.

Q: What did you do after?

A: I tried to explain that as a branch manager, it cannot be avoided and
besides it was a decent picture without any contact that will cause suspicion
of any intimacy, but she no longer listened to me.

Q: After that conversation, were you able to communicate with the accused
again?
A: I tried to call many times but she refused to answer.

Q: What action did you take to reach out to your family when your wife no
longer wanted to talk to you?
A: I called my mother who advised me to go home as soon as possible to
talk things over.

Q: Did you go home immediately?

A: No, because my schedule didnt permit. I told my mom I could be home
only by July 15, 2017.

Q: You said you could only go home by July 15, 2017, however the incident
of this case happened last July 4, 2017. What happened?
A: I was supposed to go home by July 15, 2017 but my wife went to my
office in Cebu City last July 4, 2017 around 9AM in the morning.

Q: What happened when she was in your office?

A: She was calm at first but became furious when she saw my co-worker,
the same co-worker she alleged to be my mistress. The three of us fought.
She was crying inconsolably and I was so sorry. I was also so sorry to my
co-worker. She made me choose between her and our daughter and my co-
worker. I just said, Theres no need to choose because there was no
relationship existing between me and my co-worker in the first place.

Q: What did you do after?

A: I consoled her and explained that all her allegations were wrong. I
managed to keep her calm and told her that we will go home together.

Q: Were you able to go home on that same day?

A: Yes, we went home together on that same day and arrived home at
around 6:00 PM.

Q: What did you do when you arrived home?

A: I immediately held my daughter and we ate dinner together with my wife.
Q: Have you and the accused talked about the earlier incident in your office
while you are in your house?
A: I tried many times but she gave me silent treatment every time.

Q: Did you sleep together that night?

A: Yes.

Q: What time did you sleep that night?

A: We went to bed around 9PM.

Q: When you and the accused went to bed, did you sleep straight away?
A: No, I tried to talk to her but she never responded and just stayed silent.

Q: What happened next?

A: I kissed her and she did not refuse. I proceeded to touch her private parts
and because there was no resistance I had successfully fulfilled my marital
obligation to her that night. We had sexual intercourse which made me tired
and made me fell asleep earlier than her however I was awaken because of
an excruciating pain in my groin area.

Q: What was the cause of such pain?

A: When I woke up because of the excruciating pain I felt, I found out that
my penis shaft was cut-off and blood was oozing out.

Q: Who cut-off your penis?

A: My wife Maria Junila Nalupa Miag-ao.

Q: Why are you sure that it is the accused who did the mutilation?
A: Because I saw her in front of me holding a kitchen knife with a bloodied
hand.

Q: Did you tried to defend yourself or retaliate against the accused?

A: I had no chance to do so because I was weakened by the pain I felt
however I am very conscious at that time.

Q: What was your reaction at that time?

A: I was in great pain and shouted very loud which caught the attention of
our house helper and some neighbors.

Q: What did your house helper and neighbors do?

A: They rushed me to the Holy Name University Medical Center.

DIVINO MIAG-AO
Affiant
SUBSCRIBED AND SWORN TO before me this 10th day of July 2017 in
Tagbilaran City, Philippines the following affiant exhibiting to me his
Passport No. 158157 issued at DFA Manila being sufficient and competent
evidence of his identity in pursuant to the 2004 Rules of Notarial Practice.

ATTY. LAW YER

NOTARY PUBLIC for Bohol
Commission Serial No.______
Until December 31, 2017
Roll of Attorney_______
IBP No.________
PTR No._______

Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2017.
I, ATTY. ABO GADO, of legal age, Filipino, with postal address at 117
Belderol St., Cogon District, Tagbilaran City, after being duly sworn depose
and say that:

1. I was the one who conducted the examination of Divino Miag-ao

at my aforementioned office in 117 Belderol St., Cogon District,
Tagbilaran 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 10th day of

July 2017 at Tagbilaran City, Philippines.

ATTY. ABO GADO

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.

ATTY. LAW YER

NOTARY PUBLIC for Bohol
Commission Serial No.______
Until December 31, 2017
Roll of Attorney_______
IBP No.________
PTR No._______

Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2017.