Republic of the Philippines

National Capital Judicial Region

Regional Trial Court
Branch
Makati City

BEA ALPOMBRA,
Complainant,

- versus -

Criminal Complaint No.

For: Violation of R.A 9262
Violence Against Women and their
Children

GERALD ALPOMBRA,
Respondent.

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

JUDICIAL AFFIDAVIT OF BEA ALPOMBRA

I, BEA ALPOMBRA, married, of legal age, Filipino, with residence at Unit

456 Crown Towers Condominium, Rockwell, Makati City, Complainant in
this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Nelson Santos with address at 126 Gamboa
St., Bangkal, Makati City. The examination is being held at the same address.
I am answering his questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

PURPOSE

This Affidavit of Complainant BEA ALPOMBRA is being offered to prove

that Respondent has committed and is continuously committing psychological
violence, and has refused and continuously refuses to give financial support
to Complainant and their children, in violation of Section 5 (e)(2) and (i) of
RA 9262 otherwise known as An Act Defining Violence Against Women and
Their Children.

1. Q. State your name and other personal circumstances for the record.
A. I am Bea Alpombra, 33 years old, married and with residence at
Unit 456 Crown Towers Condominium, Rockwell, Makati City.
2. Q. Do you know the Respondent in this case?
A. Yes.

3. Q. How did you know the Respondent ?

A. He is my husband.

4. Q. How long have you been married?

A. More than ten (10) years. We were married on December 9, 2008
(Annex A of the Complaint-Affidavit).

5. Q. How many kids do you have with the Respondent?

A. Two. Julia, seven (7) years old , born on November 27, 2011; and
Maja, (three) years old, born on May 10, 2016 (Annexes B and C
of the Complaint-Affidavit).

6. Q. Describe your relationship with your husband.

A. From the beginning of our relationship in 2004, I was regularly
subjected to Respondent’s shouting, cursing, name-calling and
insults. I had to adapt to Respondent’s temper and soon learned
that after every altercation, Respondent would act as if nothing
happened. I had to do the same; otherwise, Respondent will go on
his verbal tirade again.

7. Q. After you got married, did Respondent’s treatment of you

improve?
A. No. In fact, it got worse. Aside from the constant verbal abuse that
I received from Respondent, the latter began restricting my actions.
Respondent would even prevent me and my children from visiting
my family because according to him, they (my family) were not
normal.

8. Q. What else happened?

A. Respondent likewise controlled the finances of the family. He
required me to liquidate all household expenses by asking for
official receipts and always demanded for an explanation for each
and every item reflected therein. He was so controlling so much so
that when I ask for money to buy anything apart from groceries and
food, Respondent would reply, “Bakit? Binabayaran naman kita
ah?!” implying that I should pay for it first and Respondent would
reimburse me for the expenses. However, every time that I would
ask for reimbursements, Respondent would sarcastically ask if I
obtained his permission prior to buying the item; if I did not, he
would berate me and even if I did, I will still earn his ire. There
were even instances when I would say that I spent P40.00 for an
item but theactual price is P39.75, Respondent would shout at me,
“Bakit mo pinapatungan?.”
9. Q. Is that all?
A. In several instances when I had medical emergencies, like when
I was suffering from severe abdominal pain, Respondent could
not even be troubled to bring me to the hospital, forcing me to
drive myself while suffering from excruciating pain. On another
occasion, when I had to be confined in the hospital because of
stones in the gall bladder, Respondent could not be bothered to
take care of our lone child then and he left said child in the
hospital for me to look after. Respondent does not even care
about my condition. In fact, while at the hospital, I called him
the night before I was to check out to tell him that I had
developed fever and had pains again. His reply was “Hindi ba
may mga nurse dyan? Sige na, natutulog ako!”

10. Q. Did Respondent manifest any physical aggression towards

you?
A. Sometime in April 2014, in a fit of rage, Respondent stormed
towards me while I was on the floor, typing on my computer. He
stomped on my computer, crushing it. It was then that I started
fearing for my safety.

11. Q. What did you do after that incident?

A. I left Respondent in 2014. Then we started going to family
counseling in an effort to reconcile. However, Respondent
maintained that there was nothing wrong with him; thus, after
several sessions, our counseling stopped. Respondent told me
that it should only be I who should go to counseling because it is
I who has a problem.

12. Q. What effect did the constant verbal abuse have on you?
A. When I was pregnant with our second daughter in 2015, I gave
birth prematurely because of all the emotional, psychological and
verbal abuse that I was suffering from Respondent.

13. Q. Did Respondent’s behavior improve with the birth of your

second child?
A. No. After the birth of our second child, our fights escalated.

14. Q. What happened?

A. In the morning of June 4, 2017, I had just finished doing the
dishes when Respondent asked me to wash his water bottle. I
told him that I was attending to our daughters in the bathroom
and asked him to do it himself since he was not doing anything.
Respondent stood, showed his annoyance by throwing his water
bottle and started shouting, cursing and calling me an “asshole”.
 Thereafter, Respondent asked me sarcastically if the strawberries
he brought should not be placed in the refrigerator, to which I
replied that if he thinks it should be, then he could just put it
inside. Angrily, he shouted to me. “Squatter ka talaga, no!”

15. Q. What did you do after?

A. I texted my mother-in-law if I could talk to her about the incident
that happened earlier. After an event which I and my daughters
attended, we passed by my parents-in-law’s house. On the way
there, I turned off my phone so that Respondent will not know
where we are. After telling my parents-in-law what has been
happening, my father-in-law asked me “bakit ka pumapayag na
ginaganyan ka? Lumaban ka.” After our talk, my parents-in-law
reassured me that they will talk to Respondent about the situation.

16. Q. Did Respondent know that you went to his parents’ house?
A. Yes, because after speaking to my parents-in-law, I turned on
my phone and it immediately rang as Respondent was calling. I
admitted to him that I visited his parents and he accused me,
saying “Nagsumbong ka na naman?”

17. Q. What happened when you arrived home?

A. As soon as my children and I arrived home, Respondent
confronted me about our visit to his parents. He started
screaming at me, cursing and insulting me, even saying “sino ka
para sabihin kung ano ang pwede at hindi ko pwedeng gawin!
Sino ka?” I just kept quiet, not wanting Respondent’s rage to
escalate. During this time, I answered a call from my mother,
who, upon hearing Respondent’s screams, told me, “Asawa mo
na naman bay an? Nakakatakot, please pray.”

18. Q. What did you feel when you heard your mother’s comment?
A. I realized that there was something terribly wrong in what was
going on in our home and started recording on my mobile phone
what was happening.

19. Q. Was the Respondent aware that you were recording the incident
in your phone?
A. When Respondent realized that the fight was being recorded, he
grabbed the phone from me to delete the recording, and a struggle
between us ensued. I suffered injuries in my hands and arms.
Respondent even followed me inside the room where our two (2)
children were sleeping and I saw the rage in Respondent’s eyes,
causing enormous fear within me.

20. Q. How did you feel after this incident?

 A. When I woke up the next day, I felt sore and realized that I was over-
exerted from the struggle to get my phone back from Respondent.
Remembering the incident, I started sweating, palpitating and feeling
intense fear of Respondent. Not knowing what to do, I called up my
parents-in-law and asked if we could meet somewhere.
Unfortunately, they were not available.

21. Q. When were you able to meet with your parents-in-law?

A. On June 8, 2017, I told Respondent that I had to go to my
grandmother’s house, an excuse I had to make up so that I could talk
to my parents-in-law. When I arrived at the latter’s house, my
mother-in-law called her sister, a child psychologist, to talk to me.
According to the child psychologist, she had already noticed before
the behavior of Respondent and the things I was complaining about.

22. Q. During that meeting, did your parents-in-law offer any help or
solution regarding your situation?
A. They told me that they will talk to Respondent and tell him that he
should not go back to our home in Rockwell and that he will have to
stay with his parents in San Juan so that the children and I will not
be displaced, as suggested by the child psychologist.

23. Q. What did you do upon arriving home after meeting with your
parents- in-law?
A. That night, I did not go straight to our condominium unit, but instead
met our kids who were playing with the helper in the playground.
We stayed outside until late that evening. I only allowed the helper
to leave when Respondent was already asleep. I then asked the
helper to come back the following day as early as she can to prevent
any incident between me and Respondent. I barely slept that night
until the helper came at around five o’clock in the morning.

24. Q. Did your parents-in-law talk to Respondent as promised?

A. Yes. On June 9, 2017, my mother-in-law called saying that
Respondent did not agree to their proposal and was on his way
back to our condominium unit.

25. Q. What did you do upon hearing this news?

A. I panicked and started packing what I can in the few minutes it
would take Respondent to drive from their office to our home. I
then left the unit and hid at the adjacent building. I texted my
mother-in-law that the kids and I were leaving Respondent and
will not come back until he seeks professional help because I
needed to protect our children.

25. Q. Were there efforts at reconciliation?

 A. After I refused to return to Respondent, our families agreed that
Respondent and I should again undergo marriage counseling.
26. Q. Did you and Respondent agree to the suggestion of your parents?
A. Yes, we participated in the marriage counseling conducted by
Pastor Buboy. As part of said counseling, Pastor Buboy and I had
a long conversation wherein I poured my heart out about my
relationship with Respondent and how the latter was abusing our
children. I even divulged to Pastor Buboy that Respondent has
threatened me that he will file a kidnapping case against me and
“ipadadampot daw ako sa pulis.”
27. Q. What was the result of the marriage counseling?
A. We eventually stopped going to the marriage counseling because
we could not even get past the first stage of the “going back home”
process suggested by Pastor Buboy.

28. Q. Does it mean that no reconciliation took place?

A. None. In fact, on November 12, 2017, my mother arranged for a
meeting between me, Respondent and both our parents, to discuss
what was happening to our marriage , especially to our children.
At that meeting, Respondent was showing signs of irritation and
insinuated that I was only making up stories to justify my leaving
the conjugal home. He likewise kept mentioning that he has
already consulted lawyers about his rights. Before the meeting
ended, Respondent’s father asked for a breakdown of my and our
daughters’ expenses.

29. Q. Did you give the breakdown of your monthly expenses?

A. Yes, sometime in December 2017, a meeting was again set up
with me, my mother, Respondent and his father. As requested by
my father-in-law, we gave the breakdown of my and the children’s
monthly expenses from the time we left the conjugal dwelling
(Annex “D”).

30. Q. Is there anything else that happened during that meeting?

A. My father-in-law offered to get a condominium unit for me and
my daughters in Rockwell so that we can live near Respondent
and have a semblance of still being a family.

31. Q. Did you accept the offer?

A. No. I refused as I was afraid to be near Respondent.

32. Q. After that meeting, have you ever heard from the Respondent
again?
A. I received a letter dated December 16, 2017 (Annex “E”) from
 Respondent’s lawyer demanding that I allow Respondent to see
his children, it being his inherent and natural right as the legitimate
father.

33. Q. What was your reaction to Respondent’s demand?

A. Upon the suggestion of Respondent’s lawyer, I agreed to attend
voluntary mediation conferences for the welfare of the children,
especially since Respondent has not given any support for his
children’s needs from the time we left the family home in June
2017 to escape further abuse from Respondent.

34. Q. Since Respondent does not provide you with any financial
assistance, how are you able to support yourself and your
daughters?
A. I am still looking for suitable work and merely rely on whatever
is left of my savings and from the help of my family.

35. Q. Have you heard from Respondent again?

A. On May 31, 2018, I received a demand letter (Annex “F”) from
Respondent’s lawyer issuing an ultimatum to me as to the terms
imposed by Respondent, despite the fact that no formal
compromise agreement has been agreed upon by the parties as, in
fact, the mediation proceedings have not been terminated as
admitted by Respondent’s lawyer. Moreover, the fact that the
demand letter was sent directly to me and not to my counsel of
record only shows that the same was meant to harass me, to instill
fear in me and to further cause me mental anguish and emotional
distress.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of

September 2019 in Makati City, Philippines.

BEA ALPOMBRA
Complainant-Affiant

SUBSCRIBED AND SWORN to before me on this 13th day of

September 2019 at Makati City, affiant exhibiting to me her Driver’s License
No. 12345678 which will expire on July 31,2021 being sufficient and
competent evidence of her identity pursuant to the 2004 Rules of Notarial
Practice.
 ABRAHAM TORRES
Notary Public for Makati City
Commission Serial No. 622372
Until December 31, 2019
Roll of Attorney No. 51286
PTR No. 101112; 1/31/19;
Makati City
IBP No. 810123; 2/18/19;
Makati City

Doc. No. 36;

Page No. 4;
Book No. 2,
Series of 2019.

ATTESTATION CLAUSE

I, ATTY. NELSON SANTOS, of legal age, Filipino, with postal address at

at 126 Gamboa St., Bangkal, Makati City, after being duly sworn, depose and
say:

1. I was the one who conducted the examination of Bea Alpombra at my

aforementioned office in 126 Gamboa St., Bangkal, Makati City;

2. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answer that the witness gave;

3. Neither I nor any other person then present or assisting her coached the
witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of

September 2019 in Makati City, Philippines.

ATTY. NELSON SANTOS

Affiant

SUBSCRIBED AND SWORN to before me on this 13th day of

September 2019 at Makati City, affiant exhibiting to me his Passport No.
L492618 issued at DFA Manila being sufficient and competent evidence of
his identity pursuant to the 2004 Rules of Notarial Practice.
 ABRAHAM TORRES
Notary Public for Makati City
Commission Serial No. 622372
Until December 31, 2019
Roll of Attorney No. 51286
PTR No. 101112; 1/31/19;
Makati City
IBP No. 810123; 2/18/19;
Makati City

Doc. No. 37;

Page No. 4;
Book No. 2,
Series of 2019.

Copy furnished:

Xxx Law Offices

Counsel for Respondent Gerald Alpombra
Xxx Floor, xxx Bldg.
Xxx St., Brgy. Xxxx
Xxx City

Reg. Rec.No. 1234

Date: September 13, 2019

EXPLANATION

A copy of this Judicial Affidavit is on the Court and Counsel for Respondent
Gerald Alpombra via registered mail due to the great distances of their
respective addresses, due to the urgency of filing the same, and due to the lack
of field personnel of the undersigned counsel at this time.

ATTY. NELSON SANTOS