REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the Provincial Prosecutor
Misamis Oriental

THE PEOPLE OF THE PHILIPPINES,

Complainant
-versus- Criminal Case No. 2021-04-25-01
For: Robbery with rape

RENATO MARQUEZ
Accused

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

AFFIDAVIT COMPLAINT OF LETICIA TAN

THE PARTIES

[1] Complainant LETICIA TAN is Filipino, 31 years old, female, and

a resident of Block 2, Road 3, Sambaan Village, Barangay Patag,
Cagayan de Oro City.

[2] Respondent RENATO MARQUEZ is Filipino, of legal age, and a

resident of Camp Evangelista, Barangay Carmen, Cagayan de Oro
City.

THE CHARGE

[3] I, LETICIA TAN, the undersigned, of legal age, and a resident

of Barangay Patag, Cagayan de Oro City, accuses RENATO
MARQUEZ of the crime of robbery with rape as defined and
punished under Article 294, paragraph 2, of the Revised Penal
Code, committed as follows:

[3.a] On November 16, 2021, at around seven-thirty in the evening

while I was in our house, together with her two children, somebody
called in front of our window who identified themselves as PC
soldier looking for contraband.

[3.b] That I replied that I did not have any contraband and that my
husband, Leo Tan, was in the poblacion at that time. The men
ordered me to open up otherwise they will shoot our house.
[3.c] Afraid, I opened the window shutter when, suddenly, a man
armed with gun, whom I recognized as Renato Marquez jumped
inside. I was able to recognize Renato Marquez as the light was
bright. Renato held me by the nape and pushed me towards the
door and at gunpoint ordered me to open the same. I was not able
to shout as I was caught by surprise.

[3.d] The intruders demanded for money. I pointed at the table

which Renato Marquez pried open and took P300.00 therefrom.
He also pried open their aparador where he got P200.00 and
dispossesed me of my ring worth P9,000.00 and a pair of earrings
worth also that much.

[3.e] That after Renato Marquez ransacked our store and took
merchandise therefrom, he raped me at gunpoint. After five
minutes, he took me upstairs and tied both of my arms and made
me face down on the floor together with my children.

[3.f] After the men had left and we did not hear any noise anymore,
Anna, my daughter, was able to untie me by cutting the rope.

[3.g] That aside from the money taken by the accused, they also got
the following: radio worth P125.00; radio-phone worth P135.00; a
ten-battery flashlight valued at P10.00, an P85.00 wrist watch,
necklace, worth P6,000.00.

ANNEXES

[4] Attached hereto are the following annexes:

Judicial Affidavit of Leticia Tan “A”

Birth Certificate Leticia Tan “B”
Medical Certificate of Leticia “C”
Tan

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 17th day of November 2022 at Cagayan de Oro, Philippines.

LETICIA TAN
 Affiant

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN TO before me, this 17th day of

November 2022 at Cagayan de Oro City, Philippines, affiant
presenting to me her Postal ID, which shows his picture and
signature. I hereby certify that I have personally examined the
affiant and that I am convinced that he voluntarily executed the
foregoing affidavit and that he understood the contents thereof.

ATTY. OMIE JEHAN P. HADJI-AZIS

Counsel for Petitioner
Azis Law Firm, Cagayan de Oro City, Philippines
Roll No. 123456
IBP OR NO. 123456
PTR OR NO. 123456
MCLE NO. VI: 123456

Doc. No. _________:

Page No. _________:
Book No. _________:
Series of 2022.

REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the Provincial Prosecutor
Misamis Oriental

Republic of the Philippines)

Cagayan de Oro City ………...)S.S
x-----------------------------------x

JUDICIAL AFFIDAVIT OF LETICIA TAN

PURPOSE AND OFFER

The testimony of the complainant is being offered to prove that:

 (a) Sometime on November 2021, at Barangay Patag,
Cagayan de Oro City, Renato Marquez ROBBED Leticia Tan’s store.

(b) Sometime on November 2021, at Barangay Patag,

Cagayan de Oro City, Renato Marquez tied both of Leticia Tan’s
hands and RAPED her.

(c) Sometime on November 2021, Renato Marquez did not

just take away some of the merchandise in the store but also took
money from the complainant’s house.

I, LETICIA TAN, of legal age, Filipino, married, and a resident of

Cagayan de Oro City, Philippines after having been duly sworn to in
accordance with law, hereby states that:

I am answering the questions propounded by the counsel of Office

of the City Prosecutor fully conscious, that I am under oath, and
that I may face criminal liability for false testimony or perjury.

Legend: Q-Question; A-Answer

Q1: Do you swear to tell the truth, the whole truth and nothing but
the truth?
A1: Yes Sir.

Q2: Will you please state your state your name and other personal
circumstance?
A2: I am Leticia Tan, married, a resident of Barangay Patag,
Cagayan de Oro City.

Q3: What is the nature of your complaint?

A3: The accused robbed our store and raped me.

Q4: Can you relate to me how these incidents happened?

A4: Sometime on November 2021, Renato Marquez went inside our
house, pointed his gun at me, while threatening to kill me, he
demanded for money. I told him that we do not have much and that
caused him to get more mad. I told him to search the house for
money, and so he did. He also went inside the store and took our
merchandise. He then approached me and he held my nape and
then he pushed me towards the door with his gun being poked at
me and he told to open the door.
Q5: Who entered?
A5: Renato Marquez, sir.

Q6: After Renato Marquez had taken the eight hundred twenty
pesos from your pillow, anything more happened?
A6: Because I could not do anything, 'kinuha ang aking
pagkababae', sir.

Q7: Where did that particular incident happen?

A7: In the place where I sleep near the aparador, sir.

Q8: And after the raping incident, did he do anything elese?

A8: He went to our store ransacking the place and even our goods
for sale were taken, sir.

Q9: Did you voluntarily answered all the questions asked in this
affidavit?
A9: Yes, sir.

Q10: Do you have anything more to give or intend to amend from

the statements you have given?
A10: Nothing more as of the moment.

x----------------------------END OF STATEMENT----------------------x

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 17th day of November 2022 at Cagayan de Oro, Philippines.

LETICIA TAN
Affiant

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN TO before me, this 17th day of

November 2022 at Cagayan de Oro City, Philippines, affiant
presenting to me her Postal ID, which shows his picture and
signature. I hereby certify that I have personally examined the
affiant and that I am convinced that he voluntarily executed the
foregoing affidavit and that he understood the contents thereof.
 ATTY. OMIE JEHAN P. HADJI-AZIS
Counsel for Petitioner
Azis Law Firm, Cagayan de Oro City, Philippines
Roll No. 123456
IBP OR NO. 123456
PTR OR NO. 123456
MCLE NO. VI: 123456

Doc. No. _________:

Page No. _________:
Book No. _________:
Series of 2022.
 REPUBLIC OF THE PHILIPPINES
Regional Trial Court
Branch 25, Cagayan de Oro City
Misamis Oriental

MARTA SANTOS,
Petitioner
-versus- Civil Case No. 2022-01-05
For: Judicial Declaration
of Nullity of Marriage

JULIO SANTOS
Respondent

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

COMPLAINT

THE PARTIES

[1] Petitioner, MARTA SANTOS is of legal age, Filipino and

presently residing at Barangay Patag, Cagayan de Oro City;

[2] Respondent, JULIO SANTOS is likewise of legal age, Filipino

and is last known by the Petitioner to be residing at Block11, Lot 87,
ACM Woods Homes, Cagayan de Oro City, where he may be served
by notices, orders and processes of the Honorable Court.

NATURE OF THE PETITION

[3] In this present Petition, the Petitioner prays of this Honorable

Court to declare as null and void her marriage to Respondent on
the ground of the latter’s psychological incapacity. The following
pertinent and relevant Family Code provisions are the bases in the
treatise of this Petition:

Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void and
even if such incapacity becomes manifest only after its
solemnization.
Art. 68. The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and
support.

Art. 72. When one of the spouses neglects his or her duties to the
conjugal union or commits acts, which tend to bring danger,
dishonor or injury to the other or the Family, the aggrieved party
may apply to the court for relief.

ART. 2217. Moral damages include physical suffering, mental

anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may
be recovered if they are the proximate result of the defendant’s
wrongful act or omission.

FACTS OF THE CASE

[4] Petitioner is a young lady of 25 years old during that time who
works under the Human Resources Department of National
Panasonic. Petitioner graduated Bachelor of Psychology in Xavier
Universit. Respondent, on the other hand, is a Production Engineer
under the same company.

[5] Petitioner is currently employed at Land Bank of the

Philippines under the Human Resources Department.
Respondent, as of today, remains working in the National
Panasonic.

[6] The classic love affair between Mr. Julio Santos and Ms. Marta
Santos started when the latter was introduced to the petitioner
through her cousin Pia. She and Julio were workmates in National
Panasonic. What started as a simple acquaintance was followed by
an intense courtship; Julio was immediately attracted to her that
soon enough he was deeply engrossed with her. Julio would often
bring Marta to and fro in her place of work; he visited her in their
house almost on a daily basis. These adorable actuations of Julio
eventually led to a romantic affair between him and the
respondent.

[7] They after then decided that they will get married because they
have both found the “right one” for them. Both families agreed that
since Julio and Marta are gainfully employed, they should now tie
the knot. Most members of their respective families attended the
marital ceremony
Attached as “Annex A” is the Certificate of Marriage.

The first stages of their married life were full of happiness and
excitement. She and Julio lived with her family after the wedding
and her family was cordial towards him.

[8] As time passed, they eventually moved in to a new house. It was

a smooth sailing for the newly-weds at first. But a gradual changed
in what seemed to be a happy union loomed in the horizon.

[9] Their marriage, however short-lived, blessed them with two

children.

Attached as “Annex B-1” and “Annex B-2” are the Certificate

of Live Birth of both children.

[10] As earlier pointed out, the marriage seemed happy in the

beginning until one day she noticed Julio became cold towards her.
She observed her husband and his actions towards her and
affirmed that he, indeed, became indifferent. She tried talking to
him for several attempts, but respondent kept on shutting her out
and then leaving. It was like Julio was avoiding her. She also
noticed that he was always on the phone talking to someone she
doesn’t know, but she noticed that her husband was always smiling
while talking, and he was using his sweet tone. Julio would often
close the door of the room whenever he was talking on the phone
with the said person. But when her husband would talk to her, he
was not as sweet as he was before and would use a cold tone of
voice. Her husband became unaffectionate, cold, and distant. It was
like he was not the same person she loves.

[11] Then one faithful day came when Julio left her and their two
children. She later on found out that the reason why he left was
because of a woman named Roline. She also found out that the said
woman was the one her husband was always talking over the
phone.

[12] That they met on National Panasonic, the same company

where she and Julio met. But when she left the said company and
started working at a different company, which is when Roline was
hired on National Panasonic and was aside under the same
department as Julio. They became acquaintances and friendly with
one another, then eventually, their affair started.
[13] After finding out the main reason why her husband left her and
their children, Marta suffered sleepless nights, anxiety, depression,
mental anguish, and kept asking herself what she did wrong to lose
her husband to some other woman. She kept on asking herself what
that woman have that she and their children cannot give to her
husband.

[14] Nonetheless, Marta moved on with her life. Julio, on the other
hand, continued living with Roline and begot two children with her.

Attached as “Annex C-1” and “Annex C-2” are the Certificate

of Live Birth of the children.

Attached as “Annex D” is the Affidavit of Acknowledgment of

Paternity.

[15] Julio even failed to support them, as he did not even give her
allowance for their expenses and in support of their children’s
studies. Marta, then, has no choice but to ask help from her parents
and siblings for her meager salary in Land Bank cannot support the
studies of her two children, plus with the expenses she has to pay
for their house and other loans. She can, however, see that his
second family is well-provided by Julio as his two children with
Roline even studies in a private school. Despite the said turn of
events in their lives, Marta was able to move on and work in order
to support their children, which obviously were also forgotten by
Julio, as he is deeply engrossed to his new family.

PRAYER

WHEREFORE, premises considered, the petitioner thereby pray

for the following relief:

1) Declaring and decreeing the marriage entered into between the

petitioner Marta Santos and respondent Julio Santos, null and
void ab initio;

2) Ordering the respondent to pay petitioner moral damages and

exemplary damages;
4) Ordering the liquidation of the assets of the conjugal partnership
property;

5) Ordering the respondent to give a regular support in favor of

their two children in the amount of P15, 000.00 monthly, subject
to modification as the necessity arises; and

6) Hereby authorizing the petitioner to revert back to the use of her

maiden family name.

Plaintiff likewise prays for such other and further relief or reliefs as
this Honorable Court may deem just and equitable in the premises.

ANNEXES

Marriage Certificate “A”

Certificate of Live Birth “Annex B-1” and “Annex B-2”
of both children
Certificate of Live Birth “Annex C-1” and “Annex C-2”
of respondent’s children to Roline
Affidavit of Acknowledgment of “Annex D”
Paternity

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

Republic of the Philippines)

Iligan City……………………….) S.S.
x—---------------------------------x

THAT I, MARTA SANTOS, of legal age, Filipino, married and with

residence address at Batangas City, Batangas, after being sworn to
in accordance with the law, do state and depose that:

1. I am the petitioner in the above-entitled case;

2. I have caused the preparation and filing of this petition;
3. That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic documents;
4. I hereby certify that I have not commenced any action or
proceeding in any court, tribunal or agency of the government
involving the same issues raised in this petition, and to the best of
my knowledge, no such other action or claim is pending therein;
5. In the event I will come to know that an action or proceeding
involving the same action is filed or pending in any tribunal or
agency of the government, I will undertake to inform this
Honorable Office within five (5) days from such knowledge of its
existence.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 25th day of April 2022 in Iligan City.

MARTA SANTOS
Affiant

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN to before me this 25th day of April

2022, affiant exhibiting to me his Driver’s License No.78906 issued
at Batangas City, Philippines on November 2019.

ATTY. OMIE JEHAN P. HADJI-AZIS

Counsel for Petitioner
Azis Law Firm, Cagayan de Oro City, Philippines
Roll No. 123456
IBP OR NO. 123456
PTR OR NO. 123456
MCLE NO. VI: 123456
Doc. No. _________:
Page No. _________:
Book No. _________:
Series of 2022.

Republic of the Philippines )

Iligan City…………………) S.S
x----------------------------------x

JUDICIAL AFFIDAVIT OF MARTA SANTOS

PURPOSE AND OFFER

The testimony of the complainant witness is being offered to prove

that:
(a) Sometime in March 2022, Julio left Marta and their two
children. She later on found out that the reason why he left was
because of a woman named Roline.
(b) Julio continued living with Roline and begot two children with
her. As a result, Marta suffered sleepless nights, anxiety,
depression, mental anguish, and kept asking herself what she did
wrong to lose her husband to some other woman.

(c) Marta and her children did not receive any financial support
from Julio while his second family is well-provided by Julio as his
two children with Roline.

IDENTIFYING OF DOCUMENTARY EXHIBITS

The complainant witness will also identify the documentary

exhibits attached to his complaint.

Q1: Do you swear to tell the truth, the whole truth and nothing but
the truth?
A1: Yes Atty.

Q2: Will you please state your name and other personal
circumstance?
A2: I am Marta Santos, of legal age, married, and a resident of
Barangay Patag, Cagayan de Oro City.

Q3: Do you know the respondent in this case?

A3: Yes, he is my husband.

Q4: Can you relate to me how these incidents happened?

A4: One day, my husband Julio left me and our two children. I later
on found out that he was with another woman named Roline and
that they begot two children as well.

Q5: Do you know how Julio and Roline met?

A5: Yes, they met on National Panasonic, the same company where
my husband and I met. When I left the said company that was also
the time when Roline got hired under the same department as
Julio. They became acquaintances and friendly with one another,
then eventually, their affair started.
Q6: Is Julio financially supporting your children’s monthly
expenses as well as their education?
A6: No, my husband stopped supporting our children ever since he
left our home.

Q7: Are you aware that this affidavit is under oath which means
that you may be prosecuted for perjury if it turns out that you lied
in any of the answers you have given in response to the questions
propounded to you?
A7: Yes, Atty.

Q17: Is there anything else that you would like to add or amend
from your statements?
A17: Nothing more, Atty.

x----------------------END OF STATEMENT----------------------------x

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 25th day of April 2022 at Cagayan de Oro City, Philippines.

MARTA SANTOS
Affiant

OATH AND CERTIFICATION

AND SWORN TO BEFORE ME this 25th day of April 2022 at

Cagayan de Oro City, Philippines, affiant exhibiting to me her
Driver’s License as a competent evidence of identity, known to me
to be the same person who executed the foregoing instrument and
acknowledged to me that the same is his free act and deed.

ATTY. OMIE JEHAN P. HADJI-AZIS

Counsel for Petitioner
Azis Law Firm, Cagayan de Oro City, Philippines
Roll No. 123456
IBP OR NO. 123456
PTR OR NO. 123456
MCLE NO. VI: 123456

Doc. No. _________:

Page No. _________:
Book No. _________:
Series of 2022.