REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
City Of Manila

HAZEL LAVINIA M. LACAP I.S. Nos. 2020-07-001

Complainant,

- versus - For: Violation of R.A 9262

Violence Against Women and their
Children

GENESIS JOSEPH L. LEE

Respondent.

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

RESOLUTION

The Respondent, GENESIS JOSEPH L. LEE, was charged of crime under

Republic Act No. 9262 or also known as Violence Against Women and their
Children in a complaint filed by herein complainant, HAZEL LAVINIA M.
LACAP, respondent’s common-law wife.

In support of her complaint, the herein complainant attached the following

documents:

1. Complaint Affidavit of Hazel Lavinia M. Lacap;

2. Affidavit of Samantha L. Lee;
3. Affidavit of Lorenzo S. Lacap
4. Medical Certificate/Report of Dr. Brenda T. Escobar;
5. Police Record of Events and others.

As his counter, the respondent attached the following documents to support his
denial of the allegations against him:
1. Counter-Affidavit of GENESIS JOSEPH L. LEE;
2. Affidavit of hospital nurse Joy T. Mendoza.

Statement of Facts

Based on the investigation conducted by the Police Investigator, SPO2 Frodo

Ybanez, the facts of the case are stated hereunder:

That on or about the 20 th day of January 2020, at around 8:00 in the evening in
their residence at 7114 Kundiman Street, Sampaloc, Manila Philippines, the
respondent, GENESIS JOSEPH L. LEE, outrageous, did there and then, wilfully,
unlawfully and feloniously inflicted physical and psychological abuses to his
common-law wife, the complainant, HAZEL LAVINIA M. LACAP. The abusive
behavior of the respondent started when he lost his job. He always went home
drunk. On 3 January 2020, as he went home after a job interview, the victim told
him that they had to pay for the unpaid tuition fee of their eldest Samantha. He
responded violently and said, “Fuck off. I could not even look for a job! Putang ina
ninyong lahat!” His response made her uncomfortable for she never heard him
cursed her like that. He never cussed bad words especially in front of their
children. On 16 January 2020, around 10:00 p.m, the respondent arrived home
from a drinking session. When he looked at the table and found out that their food
was only pancit canton, he was infuriated. Consequently, he uttered hurtful words,
“Naku naman! Putang ina. Ganito na ba tayo kahirap ha? Fuck you! Putang ina
mo! Yaan lang ihahanda mo sakin?.” He suddenly went to the sink and started to
throw the dishes towards the victim. The victim was even hit by a plate on her
shoulder. On 20 January 2020, the victim went to her father’s house to borrow
money for the tuition fee of their eldest child. When the respondent learned about it
he got angry at me. In front of their children, he punched her on the face, neck and
chest and grabbed my hair to the ground uttering, “Ano gusto mong patunayan ha?
Na wala akong silbing ama? Puta ka!” The victim lost consciousness due to the
injuries she received. The respondent warned their eldest not to intervene. The
victim was rushed to the hospital by the respondent.

In the affidavit of the witness, Samantha L. Lee, Lorenzo S. Lacap, the victim’s
eldest child, that on 20 January 2020 witnessed how the respondent inflicted bodily
harm on the victim. The former squeezed tightly the right arm of the latter to the
point that the latter cried out loud due to great pain. The witness Samantha was
trying to stop the respondent but he sternly warned her not to take part of this since
she was just his child.

In the affidavit of Lorenzo S. Lacap, the victim’s father, the witness stated that on
21 January 2020 upon learning of the situation of her daughter, he went to the
hospital and secured and transferred her to his house in 1218 Vicente Cruz St.
Sampaloc, Manila. This was consented by the attending physician.

In the medical certificate/report made and signed by Dr. John F. Santos, it was
stated that the victim suffered the following injuries: Contusion, hematoma and
abrasion on her breast, neck and right arm.;

Dr. Santos’ impressions on the injuries stated above are multiple soft tissue
injuries, specifically in the head and chest areas.

As for the respondent, in his counter-affidavit, he vehemently denied the

accusations against him putting up the defense of alibi. He stated that on 20
January 2020, she saw the victim fall from the second floor. He immediately
rushed her to the nearest hospital so that her condition may be addressed. There
was always an issue of money. Since the victim was holding our purse, the
respondent questioned her every time withdrawals were done without his consent.
The respondent alleged that the victim was seeing someone who was their
kumpare. Their kumpare even visited her frequently in their house especially when
the respondent had to go overnight for work.

Analyses / Findings and Recommendations

Republic Act. No. 9262 or also known as The Violence Against Women and their
Children Act (VAWC) provides; THAT

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts;

A. "Physical Violence" refers to acts that include bodily or physical harm;

C. "Psychological violence" refers to acts or omissions causing or likely to

cause mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual or psychological abuse
 of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to custody and/or visitation of common
children.

The facts of the case before us fall under VAWC. The employment of
physical harm through punching the victim in the head, neck, and the chest and by
squeezing her right arm constitute violation of VAWC Section 3 (a), par. A.
Moreover, the utterance of demeaning and abusive words such as “putang ina” and
fuck off” cause mental or emotional suffering of the victim violates sec. 3(c), par C
of VAWC.

The defenses of denial and alibi are inherently weak and unreliable due to
the ease by which they may be fabricated or concocted. If not substantiated by
clear and convincing evidence, such defenses are considered self-serving and are
bereft of weight in courts of law. (People vs. Pentecostes, G.R. No. 226158, 08
November 2017)

As regards the denial of the respondent, that he saw the victim fall from the
second floor was negated by the affidavit of the witness, Samantha Lee who
personally saw the beating made by the respondent to the victim. Aside from the
corroborative affidavit of the witness of the nurse Joy T. Mendoza submitted by
the respondent, the latter presented no further evidence to support his denial. In
addition, it is a well-settled rule that the defense of denial cannot prevail over the
positive identification by the victim of the respondent, when she was able to
directly, positively, and categorically assert the identity of respondent as the one
committing the crimes under VAWC. Thus, the respondent’s defense of denial is
untenable.

WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully

recommended that Information for violation of R.A. 9262 or Violence Against
Women and their Children Act be filed against the respondent GENESIS JOSEPH
L. LEE.

City of Manila, 10 March 2020

ATTY. MARVIN DEAN S. CRUZ

Assistant City Prosecutor
APPROVED BY:

Prosec. Nikki S. Gil

Chief City Prosecutor

Copy Furnished:

(1) Genesis Joseph L. Lee – 7114 Kundiman Street, Sampaloc, Manila

Philippines
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
City Of Manila

HAZEL LAVINIA M. LACAP

Complainant,

- versus -

FOR: Violation of R.A 9262

Violence Against Women and their
Children

GENESIS JOSEPH L. LEE

Responde
nt.

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

COMPLAINT – AFFIDAVIT

I, HAZEL LAVININIA M. LACAP, single, of legal age, Filipino, with

residence at 7114 Kundiman Street, Sampaloc, Manila, after having
been duly sworn in accordance with law, hereby depose and state:
THAT

1. I am the same person who is the complainant in the instant

case;

2. The respondent and I were live-in partners for more than ten
years.

3. On 28 January 2012, our second anniversary as sweet hearts

and right after our graduation, we both decided to live together
in the house which his parents bought for him located at 7114
Kundiman Street, Sampaloc, Manila.

4. Within the years of being live-in partners, we were blessed with

two daughters, Samantha L. Lee aged 10, and Mitch L. Lee
aged 5.
5. The first 9 years of our common-law relationship were
harmonious. He was a great provider for his family. He was a
loving and caring partner and a father.

6. However, things changed beginning 25 November 2019, when

he was forced to resign due to economic instability of the
company where he was working. He became jobless and
depressed.

7. He persistently looked for jobs but sadly to no avail. Because of

this, he became frustrated. He easily got mad at me and our
children.

8. On 3 January 2020 when he went home after a job interview, I

told him that we had to pay for the unpaid tuition fee of
Samantha. He responded violently and said, “Fuck off. I could
not even look for a job! Putang ina ninyong lahat!” His response
caught me off guard for I never heard him cursed me like that.
He never cussed bad words especially in front of our children.

9. On 16 January 2020, around 10:00 p.m, he arrived home from

a drinking session. When he looked at the table and found out
that our food was only pancit canton, he was infuriated.
Consequently, he uttered hurtful words, “Naku naman! Putang
ina. Ganito na ba tayo kahirap ha? Fuck you! Putang ina mo!
Yaan lang ihahanda mo sakin?.” He suddenly went to the sink
and started to thrown the dishes towards me. I was even hit by
the a plate on my shoulder.

10. On 20 January 2020, I went to my father’s house to borrow

money for the tuition fee of Samantha. When he learned from
Mitch that I went to my father’s house for such purpose, he got
angry at me. In front of our children, he punched me on the face
and grabbed my hair to the ground uttering, “Ano gusto mong
patunayan ha? Na wala akong silbing ama? Puta ka!” I lost
consciousness due to the injuries I received. He warned
Samantha not to intervene.

11. I was rushed to the hospital and was attended medical

attention. I got bruises on my chest, neck, right arm and
shoulder. Upon seeing my husband, I told the nurse that I was
hurt by falling from the second floor of the house. (SEE ANNEX
A and ANNEX B: EXHIBIT 1, 2, 3).

12. On 21 January 2020, my father upon learning about my condition got

me out of the hospital and secured my things from our house.
 13. The acts aforementioned are violative of Republic Act No. 9262 or
Anti-Violence Against Women and Their Children Act of 2004 which
provides that

"Violence against women and their children" refers to any

act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or

physical harm;

C. "Psychological violence" refers to acts or omissions

causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse
and mental infidelity. It includes causing or allowing
the victim to witness the physical, sexual or
psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that after due notice and hearing,
judgment be rendered in favor of Complainant:

1. For the issuance of temporary protection order from

respondent;
2. For the payment of support to his children
3. Other reliefs just and equitable under the premises are likewise
prayed for.

Manila City, Philippines, 14 February 2020.

 ATTY. ARISSE T. PUSTA
Counsel for Plaintiff
Dizon & Associates Law Firm
44/F Philamlife Tower, 8767 Paseo de Roxas,
Makati City 1226 Philippines

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines (City of Manila

) S.S.

I, HAZEL LAVINIA M. LACAP, of legal age, after having been

duly sworn in accordance with law, depose and state that:

1. I am a complainant 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.

Manila City, Philippines, 14 February 2020.

________________
Hazel Lavinia M. Lacap
SUBSCRIBED AND SWORN TO before me this 14 February 2020 in
Manila, Philippines the following affiant exhibiting to me her Passport
No. 2 issued at DFA Manila being sufficient and competent evidence
of her identity in pursuant to the 2004 Rules of Notarial Practice.

Doc. No. 004; Atty. Grace N. Jumamoy

Page No. 1005; NOTARY PUBLIC for Manila
Book No.10; Commission Serial No. 20394
Series of 2020. Until December 31, 2020
Roll of Attorney: 009283
IBP No. 9383746
PTR No. 74833762
ANNEX A

MEDICAL CERTIFICATE

This is to certify that HAZEL LAVINIA M. LACAP was admitted to Asian

Hospital Medical Center, Paranaque City, Philippines on 20 January 2020 though
21 January 2020. The following results were recorded:

She had contusion, hematoma and abrasion on her breast, neck and right
arm. As she arrived in the hospital, she was unconscious due to shocks resulting
from the injuries she incurred. She regained consciousness on 21 January 2020
morning and underwent observation. She was discharged on 21 January 2020
upon the urgent request of Lorenzo S. Lacap, the patient’s father. Our impressions
on the injuries stated above are multiple soft tissue injuries, specifically in the head
and chest areas.

This certification is requested by the patient herself Hazel Lavinia M. Lacap

for court proceeding purposes this 10 February 2020.

Nonette L. Ty
Medical Officer John F. Santos
Asian Hospital Medical Center Attending Physician
901-2947-9484 Asian Hospital Medical Center
487-2947-4784

ASIAN HOSPITAL MEDICAL CENTER| PARANAQUE CITY| (02) 8298-987-009

Annex B

EXHIBIT 1

EXHIBIT 2
EXHIBIT 3

Republic of the Philippines )

City of Manila ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, SAMANTHA L. LEE, 10 years of age, single, resident of 7114 Kundiman

Street, Sampaloc, Manila., after having sworn in accordance with law, do
hereby depose and state: THAT

1. I was present and personally saw that respondent, Genesis Joseph I. Lee, my
biological father, committed the crime under R.A. 9262 or also known as Violence
Against Women and their Children Act (VAWC) against the complainant, Hazel
Lavinia M. Lacap, my biological mother.

2. On 20 January 2020, I witnessed how the respondent inflicted bodily harm

on the complainant. The former squeezed tightly the right arm of the latter to the
point that the latter cried out loud due to great pain.

3. I was trying to stop the respondent but he sternly warned me not to take part
of this since I was just his child.

4. I saw the complainant lost her consciousness while the respondent

continually beating her in the stomach, neck and head.

5. When the respondent saw the unconscious, he immediately carried the body
and rushed the complainant to the hospital.

I executed this affidavit to attest the truthfulness of the foregoing facts

and to support the filing of Criminal Cases against Genesis Joseph I. Lee
for violations of VAWC.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 16 th

day of February 2020 at Manila City, Philippines.

SAMANTHA L. LEE
Affiant

SUBSCRIBED AND SWORN to before me this 16 th day of February

2020 at City of Manila. I HEREBY CERTIFY that I have personally
examined the herein affiants and I am satisfied that they voluntarily
executed and understood their given affidavit.

Doc. No. 005; Atty. Grace N. Jumamoy

Page No. 1007; NOTARY PUBLIC for Manila
Book No.10; Commission Serial No. 20394
Series of 2020. Until December 31, 2020
Roll of Attorney: 009283
IBP No. 9383746
PTR No. 74833762
Republic of the Philippines )
City of Manila ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, LORENZO S. LACAP, 65 years of age, single, resident of 1218 Vicente

Cruz St. Sampaloc, Manila, after having sworn in accordance with law, do
hereby depose and state: THAT

1. On 16 January 2020, Hazel Lavinia M. Lacap, my daughter went to my

house to borrow money for the tuition fee of Samantha L. Lee.

2. On 21 January 2020, I learned from Mitch L. Lee, my dauther’s son that his
mother was rushed to the hospital due to the injury she got from the beating of his
father, Genesis Joseph I. Lee.

3. Upon learning about the beating and hospitalization, I rushed to the hospital
and immediately discharged her from there with the approval of the attending
physician.

4. I saw her bruises in the neck, head and shoulder.

5. After a day, my daughter and I went to the police station to file a complaint.
(SEE Police Blotter)

I executed this affidavit to attest the truthfulness of the foregoing facts

and to support the filing of Criminal Cases against Genesis Joseph I. Lee
for violations of VAWC.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 16 th

day of February 2020 at Manila City, Philippines.

SAMANTHA L. LEE
Affiant

SUBSCRIBED AND SWORN to before me this 16 th day of February

2020 at City of Manila. I HEREBY CERTIFY that I have personally
examined the herein affiants and I am satisfied that they voluntarily
executed and understood their given affidavit.
Doc. No. 005; Atty. Grace N. Jumamoy
Page No. 1007; NOTARY PUBLIC for Manila
Book No.10 Commission Serial No. 20394
Series of 2020. Until December 31, 2020
Roll of Attorney: 009283
IBP No. 9383746
PTR No. 74833762
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION
SAMPALOC POLICE STATION
Cor. Gerardo, Tuazon St. Sampaloc, Manila

CERTIFICATION

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that based on the police blotter of this Police

Station, record of the events mentioned hereunder was entered in the Log
Book Blotter, to wit:

BLOTTER ENTRY No. : 2020-87

PAGE NUMBER : 39
NATURE OF CASE/ACCIDENT : Physical and verbal Abuse/VAWC
DATE/TIME OF OCCURRENCE : 20:00H 20 January 2020/ 22:00H 16
Janaury 2020
PLACE OF OCCURRENCE : 7114 Kundiman Street, Sampaloc,
Manila

FACT OF THE CASE:

On or about 20 January 2020, in the City of Manila, Philippines, the

accused Genesis Joseph L. Lee, with deliberate intent, did then and there
commit acts of physical and psychological abuses against HAZEL LAVINIA
M. LACAP by inflicting on her physical injuries and throwing at her
demeaning and abusive words which caused mental or emotional anguish
to the complainant and her children.
Entry Nr. 01-1137/4 Jan 22/4:30PM: Person of HAZEL
LAVINIA M. LACAP appeared this office and reported that the suspect who
maltreated her was GENESIS JOSEPH I. LEE.

City of Manila, Philippines, 22 January 2020.

Prepared by:

Frodo Ybanez
Senior Police Officer
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
City Of Manila

HAZEL LAVINIA M. LACAP

Complainant,

- versus -

FOR: Violation of R.A 9262

Violence Against Women and their
Children

GENESIS JOSEPH L. LEE

Respondent.

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

COUNTER – AFFIDAVIT

I, GENESIS JOSEPH L. LEE, single, of legal age, Filipino, with residence at 7114
Kundiman Street, Sampaloc, Manila, after having been duly sworn in accordance
with law, hereby depose and state: THAT

1. I am the same person who is the respondent in the instant case;

2. Paragraphs 2, 3, 4, and 5 of the affidavit of Hazel Lavinia M. Lacap are

ADMITTED.

3. As regards paragraphs 6 and 7, the truth is: The unfortunate events the
happened in my life became unbearable that I went to depression. However,
it is far from truth that I got mad at her and our children. I even had a quality
time with my children even if problems pressed me down.

4. Paragraph 8 is DENIED. Although pressed by unlucky situation, I will never

do cussing of bad words to my partner and my children.

5. Paragraphs 9 and 10 are DENIED. I neither laid a hand on her or my

children. My children can testify to that how patient I have been to my
partner and to them.

6. As regards paragraph 11, as the nurse’s record book can attest to the truth
that the reason for the bruises was that she fell on the ground from the
second floor. I even helped her get to the hospital and find treatment there.
 7. As to paragraph 12, she just left with my children and I was trying to contact
her but to no avail. Her father would not even allow me to get near their
house. I was bit confused and perhaps this is because I lost my job.

8. There has been always an issue of money. Since she was holding our purse, I
questioned her every time withdrawals were done without my consent. I
learned that she was seeing someone who was our kumpare. Our kumpare
even visited her frequently in our house especially when I had to go
overnight to work. Samantha can testify to that as she saw what she saw they
were doing.

9. Therefore, I denied all allegations against me as regards to the accusation of

the complainant.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 18th day of

February 2020 in the City of Manila, Philippines

GENESIS JOSEPH L. LEE

Respondent/ Affiant

_____________________________________________________________

SUBSCRIBED AND SWORN TO before me this 18 February 2020 in the city of

Manila, Philippines.

ATTY. MARVIN DEAN S. CRUZ

Assistant City Prosecutor
Republic of the Philippines )
Makati City ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, JOY T. MENDOZA, 26 years of age, single, resident of 1218 Pamplona St.

Poblacion, Makati, after having sworn in accordance with law, do hereby depose
and state: THAT

1. I was the attending nurse when the accused Genesis Joseph L. Lee rushed
the patient, Hazel Lavinia M. Lacap to Asian Hospital Medical Center in
Paranaque.

2. I heard and recorded in the log book the statement of the patient that she got
the bruises because she fell from the second floor of their house.

I executed this affidavit to attest the truthfulness of the foregoing facts.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 22th day of

February 2020 at Makati City, Philippines.

JOY T. MENDOZA
Affiant

SUBSCRIBED AND SWORN to before me this 22th day of February 2020 at

Makati City. I HEREBY CERTIFY that I have personally examined the herein
affiants and I am satisfied that they voluntarily executed and understood their
given affidavit.

Doc. No. 005;

Page No. 1007;
Book No.10
Series of 2020.
Atty. Honey Pedrito
NOTARY PUBLIC for Makati
Commission Serial No. 20456
Until December 31, 2020
Roll of Attorney: 009345
IBP No. 9567746
PTR No. 74845662