Republic of the Philippines

Department of Justice
PROVINCIAL PROSECUTION OFFICE PROVINCE OF RIZAL

JOEY COSTAN BASIGSIG

Complainant,

-versus- I.S. No. ________________

For: Adultery

ROBIELYN SANTOS BASIGSIG

and
NILO MARZOL, JR.
Respondents.
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COMPLAINT AFFIDAVIT

COMPLAINANT, by the undersigned counsel and unto this Honorable

Prosecution Office, most respectfully submits this Complaint-Affidavit and in
support thereof, hereby states that:

1. This complaint-affidavit is being filed on behalf of Complainant JOEY

COSTAN BASIGSIG, Filipino, of legal, married and a resident of 2C 519
Thailand Street, Ligtong 3, Rosario, Cavite. Complainant may be served
with the orders, summons and other legal processes of this Honorable
Office thru the undersigned counsel, with office address at #20 GSIS
Road, Barangay Rosario, Pasig City;

2. This complaint-affidavit is being filed to charge above-named

respondents ROBIELYN SANTOS BASIGSIG, Filipino, of legal age,
married, and NOLI MARZOL, JR., Filipino, of legal age, and both are
residing at Block 22 Lot 6 Phase 1 Eastwood Greenview Subd., Brgy. San
Isidro Rodriguez, Rizal, of ADULTERY under Article 333 of the Revised
Penal Code, committed as follows:

2.1. Sometime in 2005, Complainant and Respondent Robielyn met

through yahoo chat messenger. At that time, Respondent
Robielyn was a 2nd year nursing at one of the schools in Quezon
City. After awhile of constant communication with each other,
they become close and became friends;
Complaint Affidavit
Joey Costan Basigsig, Complainant
Robielyn S. Basigsig and Nilo Marzol, Jr., Respondents;
For: Adultery

2.2. Respondent Robielyn has two children from prior relationships

and before the Complainant married her in 2010;

2.3. In the November 2010, Complainant and Respondent Robielyn got

married in a simple ceremony before a judge. Herein attached as
Annex A copy of the Certificate of Marriage and form an integral
part hereof;

2.3. Complainant and Respondent Robielyn lived together as husband

and wife together with the latters children. Complainant made a
promise that he will treat Respondents children as his own;

2.4. In 2011, Complainant left for Korea to work there as an Overseas

Filipino Worker (OFW). He and Respondent Robielyn have talked
about plans that after two or three years when he has saved
enough money they will get have a church wedding. Respondent
also suggested that she wants to continue her studies so that she
will not get bored at home;

2.5. Several years have passed, Complainant have heard so many

rumors that Respondent Robielyn have had relationships with
men while Complainant was working overseas. When
Complainant came bank here in the Philippines he noticed that
the personality of Respondent Robielyn had changed. She is
always irritable and bad words always come out of her mouth;

2.6. Complainant also noticed that on several occasions, men riding

motorcycles would passby their house during night time and
Respondent would immediate peek through the screen door of
their house;

2.7. Sometime in February 2014, Respondent sent a message to

Complainant saying that she wants to separate from the
Complainant. Respondent said that is not happy with the
Complainant anymore and that she wants to work abroad. The
only reason she gave to the Complainant is that she wants to be
alone for the meantime;

2.8. Complainant and Respondent finally separated. Complainant was

able to talk to their former kasambahay Anne and the latter
Complaint Affidavit
Joey Costan Basigsig, Complainant
Robielyn S. Basigsig and Nilo Marzol, Jr., Respondents;
For: Adultery

confirmed that indeed Respondent has had several relationships

with several men. One of these men is Respondent Nilo Marzal Jr.
Anne also told Complainant that Respondent Nilo would sleep in
their house for several days. There was also a time when
Complainant and Respondent Robielyn were video chatting,
Respondent Nilo would be present in their house;

2.9. After Complainant returned to Korea, he opened his facebook

account and saw photos that Respondents Robielyn and Nilo were
together and it cannot be denied that they a have an intimate
relationship. Here attached as Annexes _________ are photos of
Respondents together with the daughter of Respondent Robielyn,

3. In view of the acts of Respondents Robielyn and Nilo, Complainant is

filing a complaint for Adultery under Article 333 of the Revised Penal
Code.

4. Article 333 of the Revised Penal Code state that:

Article 333. Who are guilty of adultery. - Adultery is committed by any

married woman who shall have intercourse with a man not her husband
and by the man who has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void.

5. The element of adultery consists of the following:

a. that the woman is married;

b. that she has sexual intercourse with a man not her husband;
c. that as regards the man with whom she has sexual intercourse, he
must know her to be married;

6. From the foregoing, it is clear the Respondents Robielyn and Nilo have
committed the crime of Adultery punishable under Article 333 of the
Revised Penal Code;

7. It is undeniable that Respondent Robielyn is married to the

Complainant as evidenced by herein attached Certificate of Marriage;

8. From the testimony of the their former kasambahay Anne,

Respondent Nilo would, in several occasions, stay their house and often
Complaint Affidavit
Joey Costan Basigsig, Complainant
Robielyn S. Basigsig and Nilo Marzol, Jr., Respondents;
For: Adultery

would sleep together with Respondent Robielyn for several days. Such
circumstance is an indication that the Respondents have sexual
intercourse. At present, Respondents are living together in one house
with address at Block 22 Lot 6 Phase 1 Eastwood Greenview Subd.,
Brgy. San Isidro Rodriguez, Rizal;

9. Lastly, Respondent Nilo knows that Respondent Robielyn is married to

the Complainant.

10. Complainant is executing this Complaint-Affidavit to attest to the truth

of the foregoing facts and for the purpose of filing a Criminal Complaint
for Adultery against Robielyn Santos Basigsig and Nilo Marzol, Jr.

IN WITNESS WHEREOF, I have hereunto affixed my signature and for

and in behalf of the Complainant JOEY COSTAN BASIGSIG this 11th day of
January , 2016 at Pasig City.

MARK DAVID I. AQUINO

Counsel for the Complainant