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Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Valencia City

KELLY MARIE G. ACANG, NPS Docket No. ________________


Complainant,

FOR: Violation of R.A. 9262 (VAWC)


-versus-

DAVE ACANG
Respondent.
x--------------------------------------/

JUDICIAL AFFIDAVIT OF COMPLAINT OF


KEYLLY MARIE G. ACANG
(In lieu of his direct testimony)

I, KEYLLY MARIE G. ACANG, Filipino, of legal age, married and a


resident of Purok 11, Poblacion, Valencia City, Bukidnon, before Atty.
Juniefifth G. Esto who conduct an examination at his office at 2nd Floor
Agripo Building, M.L. Quezon Street, Poblacion, Valencia City, in answer
to the questions propounded on me, fully conscious that I am under oath
and that I may face criminal liability for false testimony or perjury.

ATTY. JUNIEFIFTH G. ESTO: Your Honor please, the testimony of the


complainant is to prove the fact of the violation of R.A. 9262 committed by
herein respondent.
____________________________________________________________

Legend: P-Pangutana; T-Tubag; Q:Question; A: Answer


1. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes.

2. Q: Please state your name, age and other personal circumstances.


A: I am KEYLLY MARIE G. ACANG, 26 year old, married and a
resident of Purok 11, Poblacion, Valencia City, Bukidnon,
3. Q: Why are you here at Esto Law Office?
A: I am here to execute this affidavit in filing a formal complaint
against my husband Dave Acang.

4. Q: Why are you filing a case against him?


A: Because he abandoned us, me and our daughter since October
2017, when he was assigned as Police Inspector at Lorega, Kitaotao,
Bukidnon. He stopped financially supporting us and even stopped
fulfilling his obligations being a husband to me and a father to our
daughter. Prior to that, he texted me with demeaning and abusive
words.

5. Q: So you mean to say, your husband is a Police Officer?


A: Yes.

6. Q: As of now, is your husband still assigned at Lorega, Kitaotao,


Bukidnon?
A: No. The last information that came to me was that, he was
transferred at Villanueva, Misamis Oriental.

7. Q: Have you tried to contact or reach your husband?


A: Yes, but all of my efforts has been wasted.

8. Q: Kindly narrate what happened.


A: On September 28, 2016, me and Dave got married. At first, our
marriage ran smoothly. I was with him in his place of assignment at
Batangas. Later during my pregnancy, he was seeing another
woman, named Rose, and got her impregnated, however, he got it
aborted and as a reward he supported her in her studies in college.
When I found out about it, that’s the time when he tried to send me
home at Valencia City, Bukidnon. Since he was about to be
reassigned at Ozamis, he send me home here at Valencia City,
Bukidnon because I am about to give birth. On April 4, 2017, I gave
birth to our daughter. My hospital bill was almost Eighty thousand
pesos (P80,000) but he never supported me even a single peso.
During his assignment at Ozamis, he do not want me to visit him.
Only recently that I found out that it was because he already seeing
another woman again, in the name of Marj Maandig. After his
assignment at Ozamis City, he was reassigned at Lorega, Kitaotao,
Bukidnon.

9. Q: Kindly continue.
A: Since October 2017, he stopped seeing us or at least once he
went home. As far as I can recall, after I gave birth, he only send
money for our daughter for three (3) times only and the last was on
October 2017. If ever I will call him I will not be able to reach his
number, however, if I will use another phone, his number can be
reached. One of my uncles was able to talk to him and so my uncle
told him to visit us but he replied that he cannot as well contact my
number. The truth was that he blocked my number so that I cannot
contact him. We tried to visit him at Lorega, Kitaotao, Bukidnon
sometime on March 2018 together with our daughter, my mom and
my Aunt Helen.

10. Q: What happened next?


A: When we reached at the place of his assignment at Lorega,
Kitaotao, Bukidnon, we asked his comrades of where Dave is,
however, they answered back that they did not see him anymore and
allegedly he was not assigned there anymore. Fortunately, there was
one who told us to go to their quarter, when we reached there, we
asked again a police officer there of where Dave is and he answered
back that Dave was just around, Dave was even there just a while
ago however he left because allegedly the battery of his vehicle is in
trouble. We kept on asking of where Dave is, however, aside from
that single policeman’s answer, they have the same answers that
they did not see Dave or he was not assigned there anymore.

11. Q: After that, what happened?


A: After that, since we did not able to find Dave, we went home. My
mother asked my Aunt to call Dave’s Senior Officer to ask if where is
the new assignment of Dave now, however, to our surprise, Dave’s
Senior Officer answered that Dave is still assigned at Lorega,
Kitaotao, Bukidnon. We then heard news that Dave has already a
mistress wherein he even brought his mistress at Lorega, Kitaotao,
Bukidnon. When his assignment was transferred at Villanueva,
Misamis Oriental, accordingly, he even introduced his mistress to his
acquaintances there that it is his wife. As per information, the name of
his mistress is March Maandig who is a resident of Bayabas,
Cagayan de Oro City and is now due to give birth this month.

12. Q: Do you have any documents to support your allegations above-


mentioned?
A: Yes. I have here with me our Marriage Certificate as well as the
Birth Certificate of our daughter.
(Complainant handed to me the Marriage and Birth Certificate above-
mentioned)

13. Q: Will you agree that we will include this Marriage and Birth
Certificate in your affidavit and be marked as “Annex A and Annex B”?
A: Yes.
14. Q: Do you have any other documents with you?
A: Yes, I also have here screen shots of his messages in support of
my affidavit above-mentioned, as well as pictures of his car parked
outside the residence of Marj Maandig at Cagayan de Oro City and
picture of his paramour during her pregnancy (Complainant handed
to me 8 printed copies of messages and photos aforementioned)

15. Q: Will you agree that we will include this printed screen shots
messages and photos in your affidavit and be marked as “Annex C, D,
E, F, G, H, I and Annex J” rspectively?
A: Yes.

16. Q: As of this time I don’t have any questions, do you have anything
more to add?
A: Yes, I heard that last week, early of October 2018, his paramour
gave birth at JR Borja City Hospital at Cagayan de Oro City wherein
Dave acknowledged as the father thereof.

17. Q: Do you have any documents to prove the same?


A: _______________________________

18. Q: As of this time I don’t have any questions, do you have anything
more to add?
A: None as of this time.

AFFIANT FURTHER SAYETH NONE.


IN WITNESS WHEREOF, I have hereunto sign this instrument this
____ day of_________________, 2018 at the City of Valencia.

KEYLLY MARIE G. ACANG


Affiant

SUBSCRIBED AND SWORN to before me this 17th day of October 2018 at


the City of Valencia, affiant signed said document in my presence and
sworn as to said document that he understood the contents thereof and
that the same is his free and voluntary act and deed.
SWORN ATTESTATION

I, Atty. JUNIEFIFTH G. ESTO, Filipino, of legal age, with office


address at 2nd Floor Sevallos Building, M.L. Quezon Street, Poblacion,
Valencia City, hereby attest and certify under oath that I am the one who
conducted the examination of the Complainant, KEYLLY MARIE G.
ACANG, and that I have faithfully recorded the questions propounded and
the corresponding answers given by said complainant. I further attest that
neither I nor any other person coached the complainant regarding her
answers. The examination was held at my office at the 2nd Floor of Sevallos
Building, M.L. Quezon Street, Poblacion, Valencia City.

ATTY. JUNIEFIFTH G. ESTO


Roll of Attorneys No. 67087

SUBSCRIBED AND SWORN to before me this ____ day of September,


2018 in Valencia City, Philippines. Affiant Atty. JUNIEFIFTH G. ESTO
exhibited to me his IBP ID with Roll of Attorneys No. 67087, who was
identified by me through competent evidence of identity to be the same
person who presented the foregoing and signed the instrument in my
presence, and who took an oath before me as to such said instrument.

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