Criminal Case Case by GUAIMALIA

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Republic of the Philippines

Department of Justice
CITY PROSECUTION OFFICE
________________

GUIAMALIA KENENGKO Docket No: _________

Complainant ,
-versus-
BEDO SINUMPAY For: Violation of R.A 9262 Violence
Respondent. Against Women and their Children

x------------------------------x
COMPLAINT – AFFIDAVIT

I, GUIAMALIA KENENGKO, of legal age, Filipino, married to the respondent, and a

resident of #3 Notre Dame Avenue, Cotabato City, after having been duly sworn in
accordance with law, hereby depose and state:
1. I am and the same person who is the complainant in the instant case;
2. I know the person of BEDO, being my husband and who is currently in active
service in the XXXXXXXXX– Bacolod City, where he may be served with Office
summons, notices and processes;
3. That we were married on February 10, 2006 at Regional Trial Court – Branch 13
before the sala of Hon. Judge XXXXXXX. The copy of marriage certificate is
hereto attached as Annex “A”;
4. That out of lawful marriage, we begot two(2) children. The first child is
XXXXXXXXXXXXXX who was born on June 2, 2006 and our second child
XXXXXXXXXXXXXXX was born on February 25, 2009. Our daughter Gianna is
Nine (9) years old while our son Corvin is six (6) years old. Copies of their
Certificates of Live Birth are hereto attached and marked as Annexes “B” and “C”
respectively;
5. That in the beginning of our marriage, we lived harmoniously as husband and
wife and parents to our children until later part that the my husband had shown
and displayed irrational behaviour not expected from a mature and a responsible
husband and father to our children;
6. That while he was in Armed Forces of the Philippines assigned at Camp
Bonifacio, Taguig City, he used to regularly go home and visit us;
7. That when he transferred his service to the PNP starting on March 2011, he did
not go home already and spare sometime to visit us, worst is he did not even
send support to us;
8. That I have sent letter addressed to the former PNP Chief PDG Alan Purisima
requesting for sub-allotment of allowances intended for our two (2) children, copy
of which is hereto attached as Annex “D”;
9. We both ended up in entering into a Memorandum of Agreement which executed
on September 16, 2013 at Manila, Philippines with a stipulation that my husband
shall give a total amount of Five Thousand (P5,000.00) Pesos per month divided
as Two Thousand Five Hundred (P 2,500,00) for every child and additional Two
Thousand (P 2,000.00) Pesos for children’s education, copy of the said
Memorandum of Agreement is hereto attached and marked as Annex “E”;
10. Despite this agreement, my husband continuously failed to comply to his
undertakings because he failed to give the amount agreed upon as a support;
11. I was constrained to seek legal assistance from the Public Attorney’s Office –
XXXXXXXXXXXXXX which immediately assisted me by preparing and sending a
Demand Letter requesting that the amount Seven Thousand (P 7,000.00) Pesos
shall be directly deducted from the net pay of my husband and the amount be
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sent to me in a form of a check. The same request is not yet acted upon until this
very moment, copy of the said letter is hereto attached and marked as Annex “F”;
12. That his act of continuous failure to give support since the year 2011 tantamount
to economic abuse which is defined under R.A 9262 or Violence Against Women
and their Children as:
"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;
xxxxxxxxx.”

13. I have been hearing rumors that my husband has been romantically engaged
and cohabiting with another woman in Bacolod. Because of this, I did an effort to
confirm the said rumors. Until I found out, to my surprised, that he is already
married with another woman in the name of Mary Faith B. Dizon on August 24,
2011, copy of their Certificate of Marriage is hereto attached as Annex “G’;
14. That although the respondent is legally married to the complainant and the
marriage is legally subsisting, he contracted subsequent marriage which is a
violation of Article 349 of the Revised Penal Code,pertinent provision of the law is
quoted hereunder, to wit:

Article 349. The penalty of prision mayor shall be imposed upon any person
who shall contract a second or subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been declared presumptively dead by
means of a judgment rendered in the proper proceedings.

15. That this act of marrying another woman and cohabiting with several women
caused substantial and emotional distress to me and our children which is
violation of paragraph (h) Section 5 of R.A 9262;

16. Moreover, we suffer and continuously suffering of mental and emotional anguish,
public ridicule and humiliation when he had contracted subsequent marriage and
denial of financial support to our children which is a violation of paragraph (i)
Section 5 of R.A 9262;

17. That this act of my husband is a gross misconduct which tarnishes the reputation
of Philippine National Police;
18. That because of this criminal act and gross misconduct, my husband deserves to
suffer from consequences of his act and be discharged from service so as not to
allow a person like him to tarnish the image of the entire PNP and shall serve as
an example that similar acts cannot be done by other members of the PNP;
19. That this criminal complaint is without prejudice of filing a separate criminal
complaint for bigamy; and
20. That I cause the preparation of this affidavit to support my complaint.

IN WITNESS WHEREOF, I have hereunto set my hand this ____________________

at ____________, Philippines.

GUIAMALIA KENENGKO
Complainant-Affiant
SUBSCRIBED AND SWORN to before me this _______ day of September 2015.

_____________________
City Prosecutor
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