Republic of the Philippines

Department of Justice
National Prosecution Service
Office of the City Prosecutor
Capitol Site, Cebu City

ANNABELLE SALDAÑA CINCO,

Complainant, NPS Docket No. __________
For: Violation of RA 9262
(otherwise known as Violence
against Women and their
Children) and Concubinage
under Article 344 of the RPC
-versus-

RICHARD DIORES CINCO and

MARILOU ALEGADO CHIN,
Defendants.
x----------------------------------------------x

JUDICIAL AFFIDAVIT OF
ANNABELLE S. CINCO

I, ANNABELLE S. CINCO, of legal age, Filipino, married and a resident of 5163-AD

Villa Lara 2A Jubay, Liloan, Cebu, Philippines, petitioner in this case, state under
oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Concepcion T. Cejano, with office

address at Unit F1, APM Mall, Mabolo, Cebu City, where the examination was
conducted. I am answering her questions, fully conscious that I do so under oath,
and may face criminal liability for false testimony or perjury.

PURPOSE
 This affidavit of petitioner is being offered to prove that RICHARD D.
CINCO and MARILOU ALEGADO CHIN are in remiss in his obligation and duty as
a faithful husband to petitioner. To testify further that Accused RICHARD D.
CINCO verbally, physically, emotionally and psychologically abused her.

Q01: Good morning, Maam.

A01: Good morning.

Q02: Why are you here in my office?

A02: I am here to file a complaint against my husband, Richard Diores Cinco (Mr.
Cinco for brevity), and his paramour Marilou Alaegado Chin (Ms. Chin for
brevity).

Q03: When was the time you married him?

A03: We were married on January 10, 2004 at the Sto. Niño de Cebu-Mactan
Parish Church, Mactan, Lapu-lapu City, by Fr. Agustin P. Polong, MSC. I have here
a copy of our Marriage Certificate.

(Attached herewith marked as “Annex A” is a copy of said Marriage Certificate

between the complainant and defendant husband).

Q04: Can you state how did you meet your respondent-husband?

A04: We first met sometime in April 0f 2002, in Lapu-lapu Sports Complex,

wherein AMA Computer College, where we both studied, had an activity. I was
enrolled in AMA-Lapu-lapu, while he was enrolled in AMA-Mandaue. He first
chatted me in messenger and asked for my mobile and landline numbers. He was
so persistent that I gave in, and after that, he always called and texted me.

Q05: What happened next?

A05: After we graduated, I applied for a job and was hired sometime in October
2002, and it was this time also that he often went to my office and bring me
snacks. And when it is my day-off, he would visit me in the house and we go
strolling and sightseeing under the 2nd bridge in Mactan and went to SM Cebu
food court for our dinner and sometimes in Matias Barbecue, A.S. Fortuna.

Q06: What happened next?

A06: He brought me to their fiesta in Consolacion and introduced me to his

friends and family members, like his parents, grandmother and two brothers.
Since then, he fetched me in the office every day, and off we went to strolling
and eat dinner in their house. He officially became my boyfriend on December
16, 2002.

Q07: How would you describe him as a boyfriend?

A07: He was very sweet and thoughtful. As I’ve said he picks me up every day
in the office and we always go strolling and eat dinner together, and spend our
Sundays, hearing Mass together. He helps me wash my dirty clothes and linens.
Almost every night we go to Ayala, SM, Mr. A, Busay and we spend our nights
sometimes in the beach.

Q08: Was he the same after you get married?

A08: Yes. On top of what I already mentioned, he would even give me body
massage and foot spa if we cannot go to the salon.

Q09: What else?

A09: I started getting news from old friends that is going out with other
women. In 2012, we started to sleep in different rooms as I cannot take anymore
his womanizing and other violent behaviors. Then in 2013, we had a strong fight
and my husband ordered me to leave the house which I obliged for my safety
and that of my son.

Q10: What else?

A10: Although we had an arrangement that our son Brandon would spend his
weekends with his father. There were also occasions, without any reason at all,
that accused would harass me through text messages, either to hurt me or my
son.

Q11: After you left the conjugal welling, what happened next?

A11: In February 2014, our common friend asked me to obtain a Certificate of

No Marriage (CENOMAR) because she had a strong belief that my husband was
previously married.

Q12: What did you do, then?

A12: In 2014, I went to the National Statistics Office (NSO) to obtain a

CENOMAR. To my disappointment, I found out that indeed he was previously
married to someone. The certification shows that respondent was previously
married to one Elizabeth D. Marimon. I have here a copy of the CENOMAR.

(Copy of the CENOMAR is hereto attached as Annex D.)

Q13: What did you do after that incident?

A13: I feel so agitated that my ten years of suffering and heartaches were all in
vain. I confronted respondent, he became even more violent and denied at first
the truth of the first marriage, but when I showed him a copy of the CENOMAR,
he told me that he had never communicated with his first wife after breaking-up
with her.

Q14: What actions did you take regarding the fact that he was previously
married?
A14: In April 2015, I filed a case to have our marriage be declared NULL and VOID
AB INITIO for being a bigamous marriage. I have here a copy of the petition for
declaration of nullity of marriage, custody, support and partition of properties
filed in court on April 20, 2015, which is still pending with this Honorable Court.

(Hereto attached is the copy of the petition as Annex E.)

Q15: What happened, then?

A15: I told the court about my predicaments, the fact that respondent would
always verbally or physically abuse me and my child. In fact, there were
occasions that respondent would harass me through text messages.

Q16: What did the court do about your predicaments?

A16: In November 2015, the court issued a TEMPORARY PROTECTION ORDER.

I have here a copy of the said order issued by the Regional Trial Court, Branch
24, Cebu City.

(Copy of the order is hereto attached as Annex F.)

Q17: What happened after the issuance of the TEMPORARY PROTECTION

ORDER?

A17: The court issued an order, while the main case is pending, ordering
respondent to support our child in the amount of Twenty-five thousand pesos
(P25,000.00) per month, on top of the payment of Brandon’s tuition fees, school
bus fees, clothing allowance and other extraordinary expenses.

This amount is found by the court to be reasonable considering that our child is
suffering from Attention Deficit Hyperactivity Disorder (ADHD), which entails a
considerable amount of money for his regular treatment. I have here a copy of
the Psychiatrist’s Evaluation Report confirming my son Brandon’s condition.

(Attached herewith as Annex E is the Order of the Court; and as Annex F is the
Psychiatrist’s Evaluation Report of Brandon.)

Q18: When was the order issued?

A18: August 2017.

Q19: What happened to the execution of that order?

A19: My child has not received a single centavo from respondent. In fact, my
lawyer asked for the execution of the Court’s Order dated August 29, 2017 and
reiterated again in December of 2017.
But until now, the accused did not care to heed the Court’s Order. My lawyer
told me that he already filed in Court to have Jesus Christopher be cited in
contempt and be forced to pay the support. I have here a copy of the writ of
execution.

(Copy of the writ of execution is hereto attached as Annex G.)

Q20: Was the sheriff able to execute the judgment?

A20: Yes, but, unfortunately, the sheriff was not able to get any amount of
money from the respondent. He refused to obey the order of the court by posing
a flimsy excuse that the amount is beyond his financial capabilities.

(Hereto attached as Annex H is the copy of the sheriff’s report.)

Q21: What else did the sheriff do?

A21: The sheriff was able to serve the Notice of Garnishment, but the said
notice cannot be fully implemented because he was told by the bank manager
of BDO that respondent does not maintain any deposit account.

(Notice of Garnishment and Reply of BDO are hereto attached as Annex I and
Annex J, respectively.)

Q22: What happened next?

A22: He even filed a motion seeking for the reduction of the support, but the
court denied his motion because the court is in the best position to determine
his financial capacity to provide support.

(Copy of the order is hereto attached as Annex K.)

Q23: After the denial of his motion, was he able to comply with the court’s
order?
A23: No, in fact I referred the matter to my lawyer, Atty. Alpi Cabatingan, and,
subsequently, he filed a motion holding respondent in indirect contempt for his
refusal to obey the order of the court.

(Hereto attached as Annex L is the copy of the motion.)

Q24: Do you have any other proof that respondent intend to violate the order
of the court?

A24: He texted me. He manifested his refusal to provide support after I made a
follow-up.

Hereto attached collectively as Annex M is the copy of his text messages.)

Q25: What else?

A25: But since the opening of classes is fast approaching and I have no money
for the enrollment of my son, I reminded respondent about the support, but his
reply was only that “dili na siya mo gasto kay kaduha na daw wala ka pasar, ga
usik ra daw siya sa iya kwarta” (he will no longer spend for his education as
Brandon had already failed twice and he is only wasting his money).

Q26: What was your reaction?

A26: I replied that you are willing to throw a lavish birthday party for him and
yet, you will not care for his education. Better spend the money for his
education. He added that “isipon na lng niya na patay na si Brandon, pero
birthdihan gihapon niya” (he will just imagine or pretend that Brandon is already
dead but will still celebrate his birthday).

Thus, I am constrained to file this criminal case against him because of his
actuations in not supporting my Son Brandon. I pity my child if he cannot go to
school. He is often threatening me that I will not get anything, even from the
conjugal properties that we acquired during our marriage and he will just keep
on telling me to go to court.

Q27: Do you have any other statements?

A27: None.

IN WITNESS WHEREOF, I hereunto affix my hand this ____ day of July, 2018,
Cebu City, Philippines.

MARIA FIDELIS ENCARNACION VILLALON

Affiant

SUBSCRIBED AND SWORN TO before me, a Notary Public for and in the City of
Cebu this ____ day of July, 2018, affiant who is known to me personally.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2018.

SWORN ATTESTATION OF EXAMINING LAWYER

I, CONCEPCION T. CEJANO, of legal age, single and a resident of

Consolacion, Cebu, Philippines after being duly sworn to in accordance with law
depose and state, that:

I am the lawyer who conducted or supervised the examination of the

witness to the effect that I faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers that the witness gave and
neither I nor any other person then present or assisting me coached the witness
regarding his answer.
 IN WITNESS WHEREOF, I hereunto set my hand this 9th day of July, 2018
at Cebu City, Philippines.

CONCEPCION T. CEJANO

SUBSCRIBED AND SWORN to before me this 9th day of July, 2018 at Cebu
City by affiant Attorney’s Roll No. 70455.

Page No.____;
Doc No._____;
Book No.____;
Series of 2018.