Republic of the Philippines)
City of Tacloban )s.s.
Province of Leyte )
COMPLAINT-AFFIDAVIT
I, Floyd S. Noweather, a Filipino Citizen, of legal age,
married, businessman, and a resident of Block 1 Lot 3 Taslakan
Subdivision, Sagkahan, Tacloban City, after having been duly
sworn to in accordance with law, hereby depose and say:
1. That I am married to respondent Justina Beibera y Bayota,
a copy of our CERTIFICATE OF MARRIAGE dated on September 16,
1998 is hereto attached as Annex A, and during the subsistence
of our marriage, we had a daughter named Dionisia B. Mayweather
who was born on November 1, 2000;
2. That my family and I had been living in Taslakan
Subdivision for 13 long years since 2001 and had been known to
the surrounding neighbors as husband and wife. A copy of
Certificate of Membership issued by the Secretary of the
Homeowners Association is hereto attached as Annex B-1 and
copy of the latest Receipt of Membership Dues is hereto
attached as Annex B-2; Copy of Many Pinakyaws Certificate of
Membership is also hereto attached as Annex C;
3. That on one occasion on or about 5:00 in the afternoon of
August 15, 2014, after arriving early from work, caught upon a
good old neighbor Many Pinakyaw y Lahat in our home but was
almost about to leave. My wife thereafter told me the purpose of
the visit was that the latter was offering to sell a condominium
unit in MAKATI Condo, being a sales agent of the particular
Company, Home Reckers,Inc. A copy of the application form of
MAKATI Condo is hereto attached as annex D.
4. That after such instance, I have noticed a sudden change in
the attitude of my wife, who used to be loving and caring into a
cold and passive one. On one particular night on August 22 at
around 1 in the morning, I caught her awake and talking with
someone on her cellular phone that led to my suspicion.
5. That Thereafter, I hired a private investigator from Google
Investigating Agency to conduct a monitoring of my wife as to
her daily activities. The investigation then led to a positive
finding of fact that my wife and herein respondent was seeing
another man, her co-respondent, Many Pinakyaw y Lahat. The said
meetings, at three (3) instances on the 28
th
of August, 4
th
of
September and 7
th
of September, 2014, were more often than not
documented at our residence in Taslakan Subdivision. Copy of the
photos gathered by the investigating agency is hereto attached
as annex E-1 to E-45;
6. That after such findings, I was willing to forgive the
respondent and to that effect kept my silence on the said matter
hoping that said activities of her were just to die down and
suddenly stop but continued to seek the help of the Agency
(Google) to continually conduct a monitoring of the respondent.
Subsequently, to my mistake, on 11
th
of September, 2014, there
was a finding again by Google of another meet-up. Copy of the
photos gathered by the investigating agency is hereto attached
as annex F-1 to F-15;
7. That after having decided to put a stop to the said painful
activity, so I initiated a plan for which I informed my wife
that I was leaving for Cebu for an official business trip for
five (5) days from Sept. 15-20, 2014. Thereafter, I went to the
authorities to inform them of the situation and intend to catch
my wife and her paramour on the act of committing such
adulterous act;
8. That on or about 9:00 in the evening of September 16, 2014
in our residence in Taslakan Subdivision after a tip from the
investigator, I together with a police officer caught my wife
with another man who happened to be the said neighbor and co-
defendant, Many Pinakyaw y Lahat, in the act of sexual
intercourse in our bedroom. Copy of the Police Blotter Entry
is hereto attached as Annex G and copy of an Affidavit of
SP01 Madlangpipol is hereto attached as Annex H;
9. That I am therefore executing this affidavit freely and
voluntarily in support of my intent to file a criminal case for
Violation of Article 333 of the Revised Penal Code or the crime
of Adultery and/or the appropriate criminal case against my said
wife and herein respondent, Justina Beibera y Bayota , who is of
legal age and can be sent with subpoena at Block 6 Lot 9,
Masagana Village, Tacloban City ; and her paramour and herein
co-respondent, Many Pinakyaw y Lahat, who is of legal age and
can be sent with subpoena at Block 1 Lot 8 Taslakan Subdivision,
Sagkahan, Tacloban City.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
17
th
day of September, 2014 at the City of Tacloban, Philippines.
FLOYD S. NOWEATHER
Affiant
SUBSCRIBED and SWORN to before me this 17
th
day of September,
2014, at the City of Tacloban, Philippines. I hereby certify
that I have personally examined the above-named affiant and that
I am satisfied with the foregoing statements were given by him
voluntarily and of his own free will.
HAROLD S. MAPE
Assistant City Prosecutor
