Page 1 of 4

AFFIDAVIT COMPLAINT
EXERCISE 1

REPUBLIC OF THE PHILIPPINES]

PROVINCE OF DAVAO DEL SUR ]
CITY OF DIGOS ] S.S.
X------------------------/

AFFIDAVIT COMPLAINT

That I, NICOLETTE SANTOS HENDERSON, of legal age,

Filipino, married and presently residing at Emily Homes Subdivision,
Digos City, Davao del Sur, Philippines, after having been duly sworn
to in accordance with law, do hereby depose and say THAT:

1. I am the same NICOLETTE SANTOS HENDERSON who is

executing this AFFIDAVIT-COMPLAINT to ask that a criminal
case for VIOLATION OF REPUBLIC ACT OF 9262 or the ANTI-
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN be filed
against my husband, KEVIN IBARRA HENDERSON, of legal
age, Filipino, married and a resident of 1ST Crumb Street, Digos
City, Davao del Sur, for his unlawful acts stated in the
succeeding paragraphs.

Attached and marked as ANNEX “A” is a copy of our Marriage

Certificate.

2. That my husband and I have not been in good terms. My

husband has committed marital infidelity and is thus, guilty of
inflicting psychological violence on my person.

3. Because of a previous accidental miscarriage that I suffered

rendering me unable to conceive a child, my husband had extra
marital affairs with other women and worst recently I found out
that he is in a relationship with my bestfriend. His marital
infidelity that has caused me mental anguish, emotional
torture, sleepless nights and social humiliation dates back 2017.

4. That in hopes of preserving our marriage and that he will mend

his ways, I decided not to immediately file a case against him;

5. Unfortunately, to my dismay, he did not change. He continued

with his philandering ways. And the worst thing is that, he
became very abusive of me, physically and verbally. Because I
could no longer endure his vicious treatment of me, I am
constrained to file this case.

6. On January 10, 2018, during our wedding anniversary, I

confronted my husband through text about my concern on his
 Page 2 of 4
AFFIDAVIT COMPLAINT
EXERCISE 1

non remittance to me of the income of our hardware and other

businesses. I just asked him where the income is and as a reply
he sent to me unkind and hurtful messages.

7. Below are his messages on that date:

TIME TEXT MESSAGES

What do you care about
9: 00 AM
the income? Mind you own
business you whore!

You jealous little bitch!

9: 10 AM Shut the fuck up!

Jealous much? You can’t

10: 00 AM
compel me to stay with
you. There are many fishes
in the sea.

10: 10 AM Motherfucker!

10: 15 AM Get lost moron!!!

8. I deleted some of the messages because I can’t bear to read it.

It is just too much for me to handle.

9. On February 14, 2017 at around 9 o’clock in the evening, he

went home very intoxicated. He was shouting and yelling how
miserable his life with me is. I tried to stop him and remind him
that it was already night time and he is disturbing our
neighbors. He got angry at me for asking him to stop so he
punched me thrice. I lost my senses and did not know what
happened thereafter. I just woke up in Gonzales Hospital.

Attached and marked as ANNEX “B” is a copy of my Medical

Certificate.
 Page 3 of 4
AFFIDAVIT COMPLAINT
EXERCISE 1

10. After the said incident, my husband tirelessly asked for

forgiveness. He tried everything to win me over again.
Overwhelmed and flattered by his gesture, I gave him another
chance;

11. Everything was very smooth sailing until one faithful day,
I saw a birth certificate of a newly born child named KEVIN
MENDOZA HENDERSON JR. in my husband’s jacket. When I
looked for the parents named in the document, I saw my
husband’s name as the father and my best friend’s name as the
mother DOMINIQUE CRUZ MENDOZA. I asked him about it
which he denied and he left our house without any word.

Attached and marked as ANNEX “C” is a copy the Birth

Certficate.

12. On April 10, 2017, one of my husband’s friends MIZ

CHIZ MUZA invited me to an event in San Isidro Church. Upon
arriving at the venue I realized that it was a baptism ceremony.
When I entered the church, I saw my husband and my
bestfriend holding a child that was to be baptized. I was so
shocked and couldn’t help my tears from falling when I finally
realized the truth. Then I deduced the reason why my best
friend refused to see or contact me. I always felt that there was
something odd. I ran away from the scene and went to my
parent’s house endlessly crying;

13. For many days, I did not go out of my room. It was very
heartbreaking and unfathomable that two of the most
important people in my life would betray me. I felt so much
pain and just wanted to end my life;

14. To conceal his absence for a few days, my husband

texted me that he will be out of town (Bacolod) to take care of
the shipments for our business. But I know for sure that he is
with his mistress. I then created a dummy account in
Instagram, requested to follow my bestfriend’s private account
(which she approved) and saw all their photos together having
the time of their lives while I am in my room, shocked,
depressed and miserable;

15. That my husband’s verbal, emotional and physical abuse

towards me is a violation of the Republic Act No. 9262 or Anti-
Violence Against Women and Their Children Act of 2004 as
follows:
 Page 4 of 4
AFFIDAVIT COMPLAINT
EXERCISE 1

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:

(a) Causing physical harm to the woman or her child;

(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not limited
to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's
child/children.

16. I am now asking that a criminal information for

VIOLATION OF REPUBLIC ACT 9262 or the ANTI VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN be filed against my
husband, KEVIN IBARRA HENDERSON.

IN WITNESS WHEREOF, I have hereunto set my hand this

April 30, 2018 Digos City, Davao del Sur, Philippines.

NICOLETTE SANTOS HENDERSON

Complainant-Affiant
Postal ID No. 6194670

SUBSCRIBED AND SWORN TO before me this April 30, 2018

in Digos City, Davao del Sur, Philippines. I hereby certify that I have
personally examined the affiant and that I am fully convinced and
satisfied that she voluntarily executed and understood the above
statements.

DOMINIC ELOJA EMBODO

Prosecutor II
Office of the City Prosecutor