Carmelo Capilla filed an affidavit detailing his discovery of his wife Juliet's affair with Serafine Morante. Carmelo witnessed his wife and Serafine together late at night upon returning home from sea duty, and heard his wife expressing affection for Serafine by phone. When confronted, Juliet assaulted Carmelo and stole his backpack containing valuable electronics and documents. Carmelo later saw Juliet and Serafine together, but Serafine threatened Carmelo with a weapon and prevented him from recovering his stolen property. Carmelo executed the affidavit to support filing criminal charges against Juliet and Serafine.
Carmelo Capilla filed an affidavit detailing his discovery of his wife Juliet's affair with Serafine Morante. Carmelo witnessed his wife and Serafine together late at night upon returning home from sea duty, and heard his wife expressing affection for Serafine by phone. When confronted, Juliet assaulted Carmelo and stole his backpack containing valuable electronics and documents. Carmelo later saw Juliet and Serafine together, but Serafine threatened Carmelo with a weapon and prevented him from recovering his stolen property. Carmelo executed the affidavit to support filing criminal charges against Juliet and Serafine.
Carmelo Capilla filed an affidavit detailing his discovery of his wife Juliet's affair with Serafine Morante. Carmelo witnessed his wife and Serafine together late at night upon returning home from sea duty, and heard his wife expressing affection for Serafine by phone. When confronted, Juliet assaulted Carmelo and stole his backpack containing valuable electronics and documents. Carmelo later saw Juliet and Serafine together, but Serafine threatened Carmelo with a weapon and prevented him from recovering his stolen property. Carmelo executed the affidavit to support filing criminal charges against Juliet and Serafine.
married and a resident of Brgy. 4, Tanjay City, Negros Oriental, after having been duly sworn to, in accordance to law, do hereby, under OATH depose and state:
1. I am a seaman or seafarer by profession
since the year 2002 and legally married to Juliet Villafuerte-Capilla as shown in our Marriage Contract. Annex A, Marriage Contract is hereto attach and made an integral part of this case;
2. During our marriage, we were not
fortunately blessed by a child within our union attributed to my low sperm count;
3. On May 17, 2005, while on board, my wife
informed me that she will be adopting a baby boy who was later named as Client John. Because of my inability to produce a child, I really agreed to my wife’s decision;
4. I inquired to my wife if we would not
encounter any impediments in adopting a child which she replied that there is nothing to worry about since she will be the one to process all the necessary requirements needed for the adoption of the child;
5. Since then we took care of the child and
treated him like our biological child. When I went home after months of duty, I was made to sign a document or a birth certificate thinking that we are able to comply with all the requirements of the law;
6. On October 2017, while I was in my regular
tour of duty, I received several reports from friends and neighbors that my wife was frequently seen in the company of another man.
7. On November 2, 2017 I received an
information from my cousin, Noel Dinawanao who is working in our refilling station that my wife was seemingly having an illicit relationship with another man; Kita ka?
8. With this predicament, I felt betrayed and
it caused my life at the sea unhappy. The reports brought me sleepless nights;
9. The anxiety has become unbearable so I
informed my ship captain of my problem and asked him to allow me to go home early to meet my family and verify the reports;
10. I arrived at our residential abode in
Brgy. 4, Tanjay City, Negros Oriental at about 7:30 p.m. of November 10, 2017 but was unable to enter the house as the gates were closed nobody was around;
11. I hid myself on the dark area near our
house and patiently waited for my child and wife to arrive.
12. At about 1:15 a.m. early dawn of the
following day, November 11, 2017, my son and wife arrived on board our service vehicle;
13. Both disembarked and my son proceeded to
open the door and entered the house while my wife was left behind as she was talking to someone over her cellular addressing the person on the other end as “langging” and thereafter, she uttered the phrase “I love you“;
14. Upon hearing such endearment, I
blindsided my wife discreetly maneuvering behind then I hugged her and took the cellular phone from her hands. My wife was clearly surprised and was shocked when she knew that I came home; 15. I listened to her cellular phone and heard a male voice saying “langging mo check-in napud ta ugma kay banatan napud tikaw ug maayo”
16. My wife tried to grab her cellular phone
from me in order to regain;
17. My wife then shouted to me in front of
our child saying” _________________________;
18. I asked several neighbors to call for
police assistance because my wife became more enraged while heading inside our house;
19. Police personnel then arrived and after
having a conversation with them, I signified my intention to pursue legal action against my wife and they in turn advised me to come and visit the police station that pertinent documents can be prepared for the filing of changes;
20. After the responding policeman had left,
my wife came out of the house and started another round of scandalous acts and utterances. Fed up and frustrated, I made my headed to our neighbor’s house but my wife followed me and violently grabbed of my backpack where I placed all my belongings during my travel towards;
21. The items that where placed inside my
back pack are the following: Laptop worth thirty thousand (30,000.00) pesos, five thousand ($5,000.00) dollars cash, Lenovo cellular phone worth ten thousand (php10,000.00) pesos, two (2) hard drives worth four thousand (php4,000.00) pesos each, one (1) BL Bluetooth speaker worth two hundred twenty ($220.00) dollars, three (3) USB flash drives worth five hundred (php500.00) pesos each, Identification Cards, receipts of the items placed inside my bag and other important documents;
22. I pleaded to my wife for her to return to
me the backpack after informing her the contents thereof; 23. Upon learning of the contents, my wife assaulted me and tried to pull away my backpack causing me to fall on the ground and eventually my wife succeeded in taking the backpack and dash off;
24. I went back to the house to check on my
son. I interviewed my son as to the activities of her mother. My son informed me that he and her mother would frequently go to Dumaguete City and with Serafine Morante a.k.a. “Junjun” in company.
25. My son averred that it has been a routine
that her mother and Serafine Morante a.k.a. “Junjun” would leave him at Robinsons store to play video games all day and the duo would later come back at the end of the day. My son even mentioned one incident wherein Robinsons store was about to close and that her mother and Serafine Morante a.k.a. “Junjun” did not came back. It was hours later that only Serafine Morante a.k.a. “Junjun” came and took him. My son saw her mother and Junjun fed each other saying sweet words like “langga and I love you langga” while inside the car;
26. I made several other inquiries whereupon
I established that said Serafine Morante a.k.a. “Junjun” is a foreman on a construction at the corner of Mabini and Jose Romero Streets in Tanjay City. I went to the construction site at around 6:00 a.m. that date and after talking to their time keeper and other co-workers, the time keeper informed me that Serafine Morante a.k.a. “Junjun” had left the site at 5:00 a.m. of the same date bringing all his articles of clothing and other belongings;
27. With the information received, I lost all
hope of getting back my backpack especially the documents needed for my job thinking that my wife and Serafine Morante a.k.a. “Junjun” left for good that very instant;
28. Before I decided to go home, I and Pedro
Dinawanao walk along Romero St., Tanjay City, Negros Oriental, I saw my wife with my backpack slung on her right shoulder;
29. I ran towards her stead and shouted at my
wife demanding her to return my backpack. All of a sudden, a male person from the other side crossed the street, grabbed and held my hand of my wife and they both hurriedly walk together trying to get away from me;
30. I clearly saw the my wife and Serafine
Morante clutching my Lenovo Cellular phone in one hand and a travelling bag slung in his shoulder. I am certain that I said person was Serafine Morante a.k.a.”Junjun” as he fits the description given by my son and from my other sources;
31. I pursued in caution as Serafine Morante
a.k.a “Junjun” was kept glancing behind. Upon seeing me, Serafine Morante a.k.a “Junjun” pulled out a metallic object or some sort of a weapon from his travelling bag, pointed the same at me and shouted threatening words in Visayan lingo, to wit: “mosunod pa gani ka, disgrasya gyud ka aron!”, thus, successfully prevented me from recovering backpack and all the contents thereof by employing threats and intimidations to include my Lenovo cellular phone that was already in his possession;
32. I was taken aback and had to think twice
for my own safety although I continued my pursuit when they made left turn from the national highway towards Legaspi Street;
33. I reach the corner, my wife and Serafine
Morante a.k.a. “Junjun” were no longer in sight and my further search for them yielded negative.
34. I executed this sworn affidavit to attest
to the veracity of the foregoing statements pertinent and in support for the filling of appropriate charges against the suspects before the proper court;