Republic of the PhilippinesREGIONAL TRIAL COURT7th Judicial RegionBranch 7Cebu City

MARIA ELENA KRISTO,Petitioner CIVIL CASE NO. P 123432-15-PGFor Reconveyance of Real Property and for Damages

- versus -

JUAN ISMAEL DE LA CRUZDefendant

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COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff isis a Filipino, of legal age, married to the defendant and a resident of Wireless, Subangdaku Mandaue City, Cebu. Defendant is a Filipino, legal age, married to the Plaintiff and residing at the same address, Wireless Subangdaku Mandaue City, Cebu.2. The plaintiff married the defendant last February 2, 2010.3. That on November 12, 2010 they begot a child named Juana Lyn Kristo.4. That on December 22, 2014 at around 9:00 pm in the evening, the defendant, Pedro Kristo came home drunk and upon entering the room, and for no reason at all physically assaulted his wife by punching him twice on her abdomen and slapped her at least six (6) times on her face.5. That at the time of the assault, their 4 year old daughter, Juana Lyn Kristo saw the whole incident and was crying and terrified.6. That prior to such incident, she had been experiencing physical abuses from the said husband-accused at least thrice a week.7. That in almost all these cases, the minor daughter while kept unharmed, witnesses the physical assault.8. That on the night of December 22, 2014, while being assaulted, the plaintiff was crying for help and some members of the barangay tanod of Subangdaku who heard her came to her rescue.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant be criminally prosecuted for Violation Against Women and their Childrens Act (RA 9262);b. The defendant shall be ordered to pay actual, compensatory, moral and exemplary damages including attorneys fees;c. Other just and equitable reliefs and remedies under the premises.

Mandaue City, Cebu, Philippines, this 5th day of January 2015.

ATTY. MARC GRETEL R. MADANGUITCounsel for the PetitionerUpper Level, 3rd Door, Vailoces Apartment, Rahmann Street, Gorordo Avenue, Cebu CityCOMMISSION NO.: 1234-1234NOTARY PUBLIC for Mandaue CityUNTIL December 31, 2015OFFICE: Big Bldg, Door 308, Mandaue CityROLL NO. 48511 / 24 Jan 2005IBP Lifetime Roll No.: 816037/ 25 Jan 2005MCLE COMPLIANCE No. III-004319 / 8 Aug 2010TIN 128-957-329

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Maria Elena Kristo, of Legal age, married, Filipino Citizen and a resident of Wireless, Subangdaku, Mandaue City Cebu, after being sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;2. I caused the preparation of the foregoing complaint;3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

MARIA ELENA B. KRISTO Afiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the Province of Cebu this 5th day of January 2015. Affiant personally came and appeared with her Tax Identification Number 128-957-320 issued by the Bureau of Internal Revenue of the Province of Cebu on January 24, 2010 at Mandaue City, bearing her photograph and signature, known to me as the same person who personally signed this foregoing instrument before me and avowed under the penalty of law to the whole truth and contents of the said instrument.

Doc. No. 321Page No. 3Book No. 567Series of 2015

NINA ARREGLADOPROSECUTOR II MANDAUE CITY