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Violation of RA 7610 Complaint Affidavit

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A 15-year old girl is filing a criminal complaint against her neighbors Janice and Carmen for violating the Anti-Child Abuse law due to an altercation that occurred on August 29, 2020.

Janice verbally and physically assaulted the complainant and her cousins after accusing them of interfering in a bingo game. Carmen also attempted to throw a stone at them.

After the incident, barangay officials were alerted but did not make a police report. The complainant spent the night crying and suffered mental and emotional distress. She sought medical help on September 3.

REPUBLIC OF THE PHILIPPINES)

Provinc of Capiz . . . . . . . . . . . . . .) S.S


City of Roxas . . . . . . . . . . . . . . . . )

COMPLAINT-AFFIDAVIT

I, ________________, fifteen years old, Filipino citizen,


single and a resident of _________________ after having been
duly sworn in accordance with law hereby depose and say:

1. That I was born on ________________ at. Attached hereto is


my Certificate of Live Birth issued by the Philippine Statistics
Authority as ANNEX “A” and made an integral part of this
complaint-affidavit;

2. That I am instituting this CRIMINAL COMPLAINT against


JANICE and CARMEN, all of legal age, Filipino citizens and
residents of Brgy. Lawaan, Roxas City for VIOLATION OF RA
7610 (AN ACT PROVIDING FOR STRONGER DETERRENCE
AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES) SEC. 10;

Section 10. Other Acts of Neglect, Abuse, Cruelty or


Exploitation and Other Conditions Prejudicial to the Child’s
Development.

a.) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child’s development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but
not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.

3. My parents _________________ are separated-in-fact.


4. My mother is an Overseas Filipino Worker and I am currently
living with my aunt ______________who serves to be my
guardian and who assisted me during the interrogation and
causing the preparation of this complaint affidavit;

5. That the incident subject matter of this complaint happened on


August 29, 2020 on or about 3:45 in the afternoon at Brgy.
Lawaan, Roxas City;

6. On the said date, I was outside our house together with


___________ (herein referred to as Bebe) waiting for my
cousin ___________ (herein referred to as Tata) who is also
the sister of Angel Faith, preparing to leave the house.

7. That after a while, JANICE who is living just across our house,
went out from their house and stared at us fiercely. She then
shouted at us angrily in local dialect “Hay testingan ta kay
adlaw?” (So can we try it because it’s day time!) in a
provocative manner;

8. Upon hearing Janice and sensing something was about to


happen, I hid at the back of Bebe because I was afraid and did
not like any fight;

9. Bebe, being provoked, answered back “Ta, testingan ta!”


(Come on, let’s try it!) It was also then that Tata came out and
approached us but Janice grabbed her by the neck and tried to
choke her.

10. I saw Tata stepped back and got loose from Janice and
shaking in fear, I asked Janice “Anong problema haw?” (What
seems to be the problem?);

11. Janice turned to me angrily and shouted at me “Ngaa


ginaintrahan ninyo amon binggohan!!”(Why do you meddle in
our Bingo game);
12. Being confused with the accusation of Janice, I answered back
“Wala ko dira ya kabalo” (I know nothing about it). I then saw
Janice picked up a wood and attempted to hit me but failed
because I was able to step back;

13. During the altercation, I saw Janice’s mother CARMEN picked


up a stone and positioned herself, attempting to throw the stone
at us. Still shaking in fear, I told them “Wala kami gaano sa inyo
ya” (We are not doing anything at you);

14. Janice then took her cellphone and angrily said “Ari hu ang
screenshot nga si mama mo ang nagsugid sa barangay” (Here
is the screenshot where it can prove that your mother was the
one who reported it to the barangay) waving her cellphone at
us;

15. While doing so, Janice started throwing bad words against me
“Alpot, karat kag bigaon ka nga klase sang babaye” (You are a
whore, a flirt and promiscuous kind of girl!)

16. It was that time I noticed that many people were already
gathered around us and heard the words of Janice and they
were laughing at me, of which I began to shrink in humiliation
and started to cry;

17. Janice further glared and shouted at me, “Naga shabu gid lang
kamo!” (You are taking shabu drug!);

18. Carmen also shouted at me “Halin ka man lang sa pinutahan


sang nanay mo!” (You were born to a whore) which added more
humiliation to me.

19. Meanwhile, Janice further shouted at me “Palapit di kay


iyudyod ta kag ibagnos kag paduguon ko ang baba mo! Mga
bigaon kamo kay gagwa kamo kung gab-e mga ala-una kag
alas dos!” (Come here and I will drag you and let your mouth
bleed! You are whore because you always go out at night time
even at 1 o’clock and 2 o’clock in the morning)

20. I could hear people laughing at me and I began to cry in


terrible shame and humiliation. It was then that Lolo who was
between us trying to protect us, pulled me and led me, Tata and
Bebe back to our house;

21. A few minutes later, barangay officials came and we knew


Janice and her mother Carmen went inside their house and we
proceeded to the police station and reported the incident.
However, a blotter report was not entered and it was only last
November 18, 2020 when a police blotter extract was issued. A
copy of the said Police Blotter is hereto attached as ANNEX
“B”;

22. Later that night, I spent the whole night crying because of the
degrading and demeaning words I heard from Janice and
Carmen;

23. I could not sleep and could not concentrate on my studies


because I was humiliated by Janice and Carmen in front of
many people and our neighbors believe that I am an ill-repute
kind of girl;

24. Having no parents with me, and being said to be born to a


whore, I felt depressed and helpless and no one to turn to
during these trying times;

25. On September 3, 2020, my aunt who could not bear seeing me


crying and locking myself in our room, took me to a medical
professional to seek medical help due to the incident that took
place between JANICE, CARMEN, me and my cousins. Copy
of the medical report is hereto attached as ANNEX “C”;
26. The acts of Janice and Carmen caused substantial and
emotional distress to me. Moreover, I suffer and continuously
suffering of mental and emotional anguish, public ridicule and
humiliation from Janice Antioquia and Carmen Antioquia’s
harsh, degrading and demeaning words which constitute child
abuse as defined in Section 3 (b) (1) and (2) of RA 7610 and
punishable under Section 10 of the same;

(b) “Child abuse” refers to the maltreatment, whether habitual or


not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty,


sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or


demeans the intrinsic worth and dignity of a child as a
human being;

27. The affidavits of my two witnesses, ________________ and


_________________ are also attached as ANNEXES “D” and
“E”

28. I hereby execute this this affidavit to attest to the truthfulness of


the foregoing facts and to file an appropriate criminal action
against ________________ and ________________.

IN WITNESS WHEREOF, I have hereunto set my hand this


____________________ at ____________, Philippines.

________________
Complainant-Affiant

Assisted by:

__________________
Guardian
SUBSCRIBED AND SWORN to before me this
_____________________ at Roxas City, Capiz, Philippines. I hereby
certify that I have personally examined the affiant and satisfied myself
that she executed the affidavit freely and voluntarily.

SWORN ATTESTATION

I hereby certify that I have conducted the foregoing


examination and that the complainant answering the questions asked
to him, fully conscious that he does so under oath and that he may
face criminal liability for false testimony or perjury. I further certify that
I have faithfully recorded or caused to be recorded the questions
asked and the corresponding answers given, and that neither I nor
anyone else present or assisting coached the complainant regarding
the latter’s answers.

ATTY._______________

SUBSCRIBED AND SWORN to before me, this


_____________in the City of Roxas, Province of Capiz, Philippines.

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