Complaint Affidavit Lorenzo

REPUBLIC OF THE PHILIPPINESDEPARTMENT OF JUSTICE

OFFICE OF THE CITY PROSECUTOR_________ CITY

MILES C. LORENZO,Complainant

-versus-

FELLIPPE NICO V. LORENZO,Respondent.

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

COMPLAINT-AFFIDAVITI, MILES C. LORENZO, ___years of age, Filipino,

residing at _______________________ City, after having been sworn in accordance with law, do hereby and depose and state that:

1. My husband is respondent, Felippe Nico V. Lorenzo, working as a callcenter agent in Teleperformance, Shaw Blvd. We have been living separately since____. He now resides in his parents’ home at No. 59 Nueva Vizcaya, Bago Bantay, Quezon City.

2. We had a civil wedding on 26 September 2012 at the Manila City Hall. Our church wedding followed on 15 December 2012 at the St. Joseph Church in____. A copy of our Certificate of Marriage is attached hereto as “Annex A.”

3. Out of our marriage, we were blessed with one daughter, Mhillaine Jazz Lorenzo (Jazz), who is now more than a year old. A copy of her Birth Certificate is attached hereto as “Annex B.”

I.S. No._________________

FOR: VIOLATION OF SECTION 5 (e), par. (2), RA No. 9262

4. I am charging my husband for violation of Section 5(e), paragraph 2 of the Anti-Violence Against Women and Children Act (RA 9262), committed as follows:

5. After our church wedding in December 2012, my husband and I stayed in my parents’ house because of its proximity to the hospital. At that time, I was already seven (7) months pregnant.

6. I gave birth to our daughter, Jazz, on 24 February 2013. We were very happy when we took her home. It was a peaceful and wonderful start, until about three (3) weeks after, we decided to move in to my husband’s parents’ home in _________.

7. I was helping with the household chores despite the fact that I had just given birth. I was embarrassed not to help because I did not want Nicco’s parents to say or see something bad about me. Everything was going fine until one day, Nicco told me, “Tumulong ka naman, lagi ka lang nakaupo!” I was so hurt with his words because he had not seen nor appreciated the things I was doing. He was working on a graveyard shift then, thus he was almost asleep during the day and would just wake up just in time before his shift starts.

8. Things suddenly changed. Nicco became too bossy that I felt like his own personal maid. He was almost always in a bad mood, like he was always irritated with me. He never held Jazz, nor did he take time to take care of her. He was like a new person to me, he just changed.

9. [What made you decide to call up your Dad to come fetch you from their house] As I could not bear his treatment to me anymore, I decided to call my father to come fetch me from their house. I brought Jazz with me and stayed with my parents up to now.

10. At first, Nicco decided to come live with us at my parents’ house. But my parents never warmed to him again

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after that incident. Nicco could not bear the cold treatment, so he decided to move back to his parents.

11. Living away from Nicco has been more peaceful for me. However, it has become more difficult for me to get financial support from him. Every time I would remind him for milk, diaper, doctor’s appointments, he would always be irritated and our phone conversation would end up in a fight.

12. When he felt like giving supplies, he would call or text me and ask me to come meet him someplace else other than our home. I would usually bring our daughter so he could see her and spend some time with her. The supplies he would give us would usually last for two (2) weeks. After that, he would not pick up my calls or answer my texts for the next batch of food, diapers, and vitamin supplies for our baby daughter.

13. At that time I was unemployed because I had to resign from my employment due to my delicate pregnancy. I was basically dependent on Nicco, but it was getting more difficult to ask him for financial support. There were times I had to borrow money from friends just to buy milk for Jazz.

14. Last November 2013, I was fortunate to get hired

as_______. Nicco and I decided to get back together for our daughter’s sake. We are still living separately as he could not tell his parents that we are back together.

15. Our daughter was about to spend her first (1st) birthday. I asked Nicco to help me in throwing a simple birthday party for Jazz. He bluntly refused and told me he had no money. He gave me P500 to buy a cake. I invited Nicco to attend Jazz’s birthday party, but he never came.

16. Our relationship was going smoothly. But he would always get angry with me whenever I would remind him of his turn to give support, be it financial or in kind. After a while, he came back to his old self. He would seldom reply to my text messages or answer my calls.


17. In August 2014 Nicco ended our relationship but promised to help me financially to properly raise our daughter. But, like most of his promises, it never came true. I hoped that after all the things that have happened between us, he had matured enough to face his responsibilities as a father. But was I so wrong to hold on to his promises. They were nothing but mere empty words uttered by a selfish, immature, and irresponsible father.

18. This has caused so much emotional and financial distress not only to me, but also to our 1-year old daughter, Jazz as I could hardly provide for her vitamins, milk, diapers, and check-ups.

19. Thus, starting ____2014, I had been asking money from my parents to shoulder a part of the expenses for our baby daughter. Nicco never bothered to check in on Jazz.

20. As a call center agent, my husband earns a monthly income of around Php18,000.00-Php25,000.00, thus there is no reason that he would deprive me and our daughter a reasonable amount of monthly support thereof.

21. The act of my husband, without any justifiable reasons in depriving me and our daughter monthly financial support constitutes economic violence, punishable under Section 5(e) paragraph 2 of RA9262, which provides:

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

xxx xxx xxx

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of


controlling or restricting the woman's or her child's movement or conduct:

xxx xxx xxx

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; [Emphasis and underscoring supplied]

xxx xxx xxx

22. I am executing this affidavit to attest to the truth of the foregoing facts and circumstances and to establish probable cause and hereby most respectfully request the Investigating Prosecutor to formally file an INFORMATION against my husband, FELLIPPE NICO V. LORENZO, for violation of Section 5(e), paragraph 2, of the Anti-Violence Against Women and Children Act (RA No. 9262) and any other crime and/or offense in relation thereto.AFFIANT FURTHER SAYETH NAUGHT.___ OCTOBER 2014, __________________City.

MILES C. LORENZOAffiant

CERTIFICATION

SUBSCRIBED AND SWORN TO BEFORE ME this ______day of __________2013 at ______________City, and I hereby certify that I have personally examined the affiant and I am satisfied that she has voluntarily executed and understood her affidavit.


INVESTIGATING PROSECUTOR


Complaint Affidavit Lorenzo

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