REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.

COMPLAINT - AFFIDAVIT

I, LEONORA M. SAMIN, of legal age, Filipino and presently residing at 1368

Instruccion St. Sampaloc, Manila , after having been duly sworn to in accordance with law,

hereby depose and state:

1. That I am filing a complaint against Mr. Ruel B. Esguerra who is about 42 years old,

Filipino, and may be found at 26 Maligaya Rosario, Batangas, for violation of Republic

Act No. 9262 or otherwise known as Violence against Women and Children;

2. That I met Mr. Esguerra sometime in December 26, 2011 when a common friend, Leo

Movillo, called from Brazil and introduced him to me.

3. Our relationship began from constant communication through the social network. From

our communication, he never gave me any information about him. He promised that he

will help send my first child to finish school in order to be one happy family.

4. During our stay in Batangas, he will cook and wash the clothes very early and then go to

the neighbor’s house to gamble. After which, he goes home intoxicated and under the

influence of prohibited drugs. While staying in Batangas, I still travel back to Manila

Mondays to Fridays to work which resulted to a two week bed rest. Despite my

condition, he did not exert effort to look for alternatives for our sustainment.

5. On January 13, 2013, I gave birth to Jacob Ian Martinez Esguerra. His certificate of live

birth is herein marked as “ANNEX A”. The due date was originally January 19, 2013 but

because of stress and trauma, the date was moved. After giving birth, our disagreements

became extensive. Since I gave birth, I was provided with SSS maternity pay which he

was demanding. With regard to the money amounting to P20,000 which the money given

by the godparents for our son, were all redounded to his benefit. The whole period that

we were together, he never gave any form of support in terms money and affection.

6. On April 30, 2013, I wrote a letter to his family regarding the actions of their son to

notify them for support. It was ignored and insisted that everything is all well. I exerted

best effort to communicate with him and the family regarding the support of our child but

such effort proved futile because of his utter disregard of my plea.

7. That I ask the assistance of the Public Attorney’s Office in preparing this complaint

against Mr. Esguerra for his utter disregard of the rights of our baby. Pertinent to this

point is the following provision of R.A. 9262:

SECTION 3. Definition of Terms.- As used in this Act,

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(D) "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

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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:

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(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:

(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;

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8. In the case under consideration, Mr. Esguerra deprives the financial support that is

required to be provided by the biological father to his child. His lack of prudence has

constituted to the struggle of the complainant in terms of her career. Complainant had to

travel back and forth from Batangas and Manila in order to pursue financial support to

her children which Mr. Esguerra did not take initiative despite having no job at that time.

9. Clearly, therefore, is the fact that Mr. Esguerra, made utter violation of the above quoted

provision , hence liable under the law of the Republic of the Philippines.

10. That I am executing this affidavit to attest to the truth of the foregoing statements

and circumstances.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of

_________________2013 at the City of Manila, Philippines.

LEONORA M. SAMIN Affiant

SUBSCRIBED AND SWORN to before me this _____ day of ______________ 2013 in

the City of Manila, Philippines.

Administering Officer

CERTIFICATION

I further certify that I have personally examined the affiant and I am satisfied that she voluntarily executed the foregoing Complaint-Affidavit and fully understood the contents thereof.

Administering Officer

PAO