Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
Branch ___
Davao City

ANNA MAY D. CAYUNDA, CIVIL CASE No. __________

Plaintiff, For: Complaint for Child
Support

-versus-

JHODEL G. SARABELLO,
Defendant.

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COMPLAINT FOR CHILD SUPPORT

COMES NOW, the PLAINTIFF, by the undersigned counsel,

and unto this Honorable Court, most respectfully aver:

PARTIES TO THE CASE

1. That Plaintiff, Ana May D. Cayunda, is of legal age, single,

Filipino, and a resident of Purok 8, Talomo, Cemento, Davao City.

a. The Plaintiff is filing in behalf of her son, Jaysie Jude C.

Sarabello, 12 years of age.

2. For purposes of this complaint, the Plaintiff may be served

with the orders, notices, and other judicial processes through their
counsel:

Ateneo Legal Aid Center

Emilio Jacinto St, Poblacion
District,
Davao City, 8000 Davao del Sur

3. That Defendant, Jhodel G. Sarabello, is of legal age, single,

Filipino and a resident of Purok 15 Kabataan Center, Bago Gallera,
Davao City.

a. The Defendant is the father of Jaysie Jude C. Sarabello as

evidenced by the latter’s birth certificate, herein attached as
Annex “A”.

4. Both the Plaintiff and the Defendant have the capacity to sue
and be sued.

VENUE AND JURISDICTION

5. This case is filed before the Regional Trial Court acting as a

Family Court because under RA 8369, Section 5(e), Family Courts
shall have exclusive original jurisdiction to hear and decide cases of
petitions for support and/or acknowledgment;

6. The venue for this petition shall be the Regional Trial Court
acting as a Family Court pursuant to Section 2, Rule 4, Rules of
Court and A.M. No. 99-11-07-SC.

STATEMENT OF FACTS

7. In January 2010, the Plaintiff, ANNA MAY D. CAYUNDA, met

Defendant, JHODEL G. SARABELLO and had a boyfriend-
girlfriend relationship;

8. On February 16, 2011, they begot one child whom they named
JAYSIE JUDE C. SARABELLO (hereinafter referred to as Jaysie);

9. Although the Plaintiff and Defendant are not married, the latter
recognized Jaysie as his illegitimate son. Such is evidenced by his
signature upon Jaysie’s birth certificate attached herein as Annex
“A”;

10. In that same year of 2011, days after Jaysie’s birth, the
Defendant left the Plaintiff and his son. The Defendant did not give
any financial support due to health reasons. The abandonment of
defendant left Jaysie alone in the care of the plaintiff. The Plaintiff
was living with her parents and would ask financial assistance from
them which includes Jaysie’s sustenance, dwelling, clothing, medical
attendance, education and transportation;

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 11. On November 15, 2014, the Plaintiff filed a complaint against
the Defendant before the Office of the Punong Barangay of Barangay
Talomo Proper where they had their first Barangay amicable
settlement seeking financial support;

12. During the said Barangay amicable settlement, herein

Defendant agreed to give monthly support of ONE THOUSAND
PESOS (P 1,000.00) and promised to increase the amount of support
by FIVE HUNDRED PESOS (P 500.00) for the enrollment of Jaysie
in an academic institution. The amicable settlement is attached
herein as Annex “B”;

13. After the first amicable settlement, initially, the Defendant

paid the Plaintiff the agreed financial support. However, in the
succeeding months, the former failed to continuously provide for
the monthly financial support as agreed upon in 2014;

14. Due to the Defendant’s failure to religiously comply with the

first amicable settlement, this prompted the Plaintiff to ask
assistance from Atty. Joanne M. Paguidopon from the Integrated
Gender and Development Division of the Office of the City Mayor
concerning her case;

15. On April 18, 2017, the Plaintiff went to the Integrated Gender
and Development Division of the Office of the City Mayor and
sought legal aid concerning her case involving a violation of R.A
9262 otherwise known as the Anti-Violence Against Women and
their Children Act of 2004;

16. On the same date, the Integrated Gender and Development

Division of the Office of the City Mayor, on behalf of the Plaintiff,
sent a letter of demand to the Defendant, a portion of which
provides:

“Thus, a demand is hereby made upon you to immediately give support

to your child in the amount of Three Thousand Pesos (Php 3,000) every
month; otherwise, we will be compelled to file a criminal and civil case
against you.

17. The above-mentioned demand letter was received by the

Defendant on April 24, 2017. The said demand letter is herein
attached as Annex “C”;

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 18. On May 8, 2017, the Plaintiff and the Defendant participated
in a conference presided over by the abovementioned office. During
their discourse, the Defendant agreed to provide financial support in
the amount of ONE THOUSAND FIVE HUNDRED PESOS (P
1,500.00) every 15th and 30th day of the month, or a total of THREE
THOUSAND PESOS (Php 3,000.00) every month. The Affidavit of
Undertaking stating the abovementioned facts is attached herein as
Annex “D”;

19. On July 25, 2017, the Integrated Gender and Development

Division of the Office of the City Mayor sent a second letter of
demand to the Defendant, informing him of his remised obligations
of monthly support a portion of which provides:

“Thus, demand is hereby made upon you to immediately give support to

your child in the amount of One Thousand Five Hundred Pesos (Php
1,500) every 15th and 30th day of the month plus additional money in case of
emergency such as but not limited to hospital or medical expenses and
provide all the school expenses otherwise we will be compelled to file
criminal and civil cases against you.”

20. Failure of which can be a cause of action to file a criminal or

civil complaint against the Defendant. A copy of the letter is herein
attached as Annex “E”;

21. Defendant refused to comply with the said order despite the
demand letter sent by the Integrated Gender and Development
Division;

22. On October 19, 2017, the Plaintiff filed a complaint before the
Women and Children Protection Desk of the Philippine National
Police, Talomo Police Station, Matina, Davao City. A copy of the
said complaint is herein attached as Annex “F”;

23. On January 29, 2018, the Plaintiff filed a criminal complaint

against the Defendant for violation of RA 9262 otherwise known as
the Anti-Violence Against Women and Their Children Act of 2004,
specifically under Sec. 5(e)(2) “Economic Abuse”. A copy of the said
Affidavit-Complaint is herein attached as Annex “G”;

24. On February 4, 2022, the abovementioned criminal case was

dismissed. A copy of the said judgment is herein attached as Annex
“H”;

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 “WHEREFORE, in view of the foregoing the Demurrer to Evidence is
hereby GRANTED and this case is hereby ordered DISMISSED.

The cash bond posted by the accused for his provisional liberty in the
amount of P 50,000 under Official Receipt No. 5583217 dated September
13, 2018, is hereby ordered release to the payor Rebecca D. Fuentes or to
any of her duly authorized representative.

SO ORDERED”

25. On May 21, 2022, Plaintiff went before the Lupong

Tagapamayapa of Barangay Bago Gallera and filed another
complaint for support against the Defendant which resulted to a
second amicable settlement. The Defendant promised to pay
starting on August 2022, the amount ONE HUNDRED FIFTY
THOUSAND PESOS (P150,000.00) as support in arrears since 2014;

“Ang gusto sa Complainant nga si Anna May Cayunda nga maghatag

sa obligasyon si Sir Jhodel G. Sarabello sa P 150,000 within the period of
42 months or 3 ½ years para sa child support niya sa milabayng 11 years.”

26. In addition to the abovementioned amount, Defendant will

provide FOUR THOUSAND PESOS (P 4,000.00) per month as
support for his child if he is unemployed, or SIX THOUSAND
PESOS (P 6,000.00) when he gains employment;

27. A copy of the second amicable settlement entered into by the

Plaintiff and the Defendant is herein attached as Annex “I”;

28. On August 31, 2022, the Defendant remitted ONE

THOUSAND FIVE HUNDRED PESOS (P 1,500.00) through Palawan
Express. A copy of the said remittance slip is herein attached as
Annex “J”;

29. The Defendant failed to give support for the month of

September 2022;

30. On October 3, 2022, the Defendant remitted TWO

THOUSAND PESOS (P 2,000.00) through Palawan Express. A copy
of the said remittance is herein attached as Annex “K”;

31. After the said dates, the Defendant continuously failed to

provide the monthly support as agreed upon in the second amicable
settlement;
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 32. On February 27, 2023, the Plaintiff procured a Certificate to
File Action against the Defendant for his failure to comply with the
agreed settlements. A copy of such certificate is herein attached as
Annex “L”;

33. Due to the Defendant’s continued non-compliance to the

agreed settlements, the Plaintiff now resorts to the filing of this
Complaint for Child Support.

CAUSES OF ACTION

1. Art. 194 of the Family Code discusses what comprises support,

to wit:

“Art. 194. Support comprises everything indispensable for sustenance,

dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the

preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to
and from place of work;”

2. Under Art. 195 (4) of the Family Code, support is required from
the parents and their illegitimate children and the legitimate and
illegitimate children of the latter, to wit:

“Art. 195. Subject to the provisions of the succeeding articles, the

following are obliged to support each other to the whole extent set forth in
the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate

and illegitimate children of the latter; and

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 (5) Legitimate brothers and sisters, whether of full or half-blood;”

3. In the case of Sy Chap vs. Funa, the Supreme Court ruled

that:

“The obligation to support illegitimate children does not devolve only on

the mother but also on the father. So, even if the children of the defendant
are in the custody of the mother, the defendant is not relieved of his duty to
contribute to the support of the children.”

DISCUSSIONS/ARGUMENTS

34. Under Art. 195 (4) of the Family Code, parents are obliged to
support their children, whether legitimate or illegitimate. Filiation
between the Defendant and Jaysie is established as evidenced by the
latter’s birth certificate, herein attached as Annex “A”. Being such the
case, the Defendant is mandated by law to support Jaysie;

35. In the case of XXX, Petitioner vs People of the Philippines,

G.R. 221370, June 28, 2021, a parent is obliged to support his child,
comprising everything indispensable for sustenance, dwelling,
clothing, medical attendance, education, and transportation, in
keeping with the financial capacity of the family;

36. As discussed in the case of Sy Chap vs. Funa, it was

emphasized by the Supreme Court that the obligation to support
illegitimate children does not devolve only on the mother but also
on the father. Applying the foregoing, it has been established from
the beginning that Plaintiff and Defendant had a boyfriend-
girlfriend relationship, and it begot a child who in this case is Jaysie.
The Defendant, being the father of Jaysie, is obligated to provide any
form of support that is deemed pertinent for the latter’s sustenance
and growth. Several complaints filed before the barangay have been
resorted to by the Plaintiff that led to numerous amicable
settlements. Regardless of the agreement entered into by the parties,
the Defendant continued to renege on his responsibility to provide
the unceasing support required from him. Thus, the Plaintiff
decided to file this complaint to receive what is due for their child;

37. Furthermore, despite the first and second letters of demand

given by the Office of the City Mayor under the Integrated Gender
and Development Division and the first and second amicable

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settlements entered into by the Plaintiff and the Defendant before the
Barangay Talomo Proper and Barangay Bago Gallera, the latter
continuously fails to consistently provide the monthly support to
Jaysie and the support in arrears since 2014 as agreed upon.

SUMMARY OF EVIDENCE

38. List of witnesses and summary of their intended testimonies,

with documentary and object evidence in support of the allegations:

a. ANNA MAY D. CAYUNDA, a current maintenance staff of the

City Government of Davao. The witness will testify that she is the
mother of JAYSIE JUDE C. SARABELLO and his father is JHODEL
G. SARABELLO, the defendant.

That they entered into several amicable settlements for the

defendant to provide support but up until the present there has been
unfaithful compliance with their agreement.

Attached herein is ANNA MAY D. CAYUNDA‘s Judicial

Affidavit and other pertinent documents as supporting evidence.

39. The Plaintiff reserves her right to present witnesses during the
course of the trial;

40. The following documentary and object evidence support the

allegations in the Complaint and are attached hereto:

ANNEX DOCUMENTARY / OBJECT EVIDENCE

"A" Birth Certificate of Jaysie

"B" Lupon Amicable Settlement dated November 15, 2014

"C" Copy of the letter of demand from the Integrated

Gender and Development Division of the Office of the
City Mayor dated April 18, 2017

"D" Affidavit of Undertaking dated May 8, 2017

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 "E" Copy of the follow-up letter of demand from the
Integrated Gender and Development Division of
the Office of the City Mayor dated July 25, 2017

"F" Copy of the complaint filed from the Women and

Children Protection Desk of the Philippine
National Police dated October 19, 2017

"G" Affidavit-Complaint dated January 29, 2018

"H" Order (Resolution to Demurrer) dated February 4, 2022

"I" Amicable Settlement dated May 21, 2022

"J" Palawan Express Receipt dated August 31, 2022

"K" Palawan Express Receipt dated October 3, 2022

"L" Brgy. Certification dated February 27, 2023

PRAYER

WHEREFORE, IN VIEW OF THE FOREGOING, the Plaintiff

through counsel, most respectfully prays to this Honorable Court,
after due hearing, to render a decision ordering the Defendant
JHODEL G. SARABELLO liable for:
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 1) The amount of ONE HUNDRED FIFTY THOUSAND PESOS
(P 150,000.00) as support in arrears since 2014;

2) The amount of FOUR THOUSAND PESOS (P 4,000.00) per

month starting August 2022 if he is unemployed or SIX
THOUSAND PESOS per month (P 6,000.00) if he is employed;

3) That judgment be made ordering said monthly support be

made permanent until Jaysie finishes his tertiary education; and

4) That the Defendant reimburses the Plaintiff for attorney’s fees.

Plaintiff further prays for such other reliefs deemed just and
equitable under the foregoing circumstances.

RESPECTFULLY SUBMITTED this _________ at Davao City,

Philippines.

VERIFICATION & CERTIFICATION AGAINST FORUM

SHOPPING

I, ANNA MAY D. CAYUNDA, of legal age, single, Filipino, and

a resident of Purok 8, Talomo, Cemento, Davao City, after having
sworn to in accordance with law, impose and say that:

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 1) I am the Plaintiff in the petition entitled COMPLAINT FOR
CHILD SUPPORT and in such capacity, caused this complaint to be
prepared;

2) I have read its contents and affirm that they are true and
correct based on my personal knowledge, or based on authentic
documents;

3) I hereby certify that this pleading is not filed to harass, cause

unnecessary delay, or needlessly increase the cost of litigation.

4) I hereby certify that the factual allegations in this pleading

have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for
discovery.

5) I hereby certify that there is no other case commenced or

pending before any court involving the same parties and the same
issue and that, should I learn of such a case, I shall notify the court
within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on

August ___, 2023.

ANNA MAY D. CAYUNDA

Plaintiff

SUBSCRIBED AND SWORN TO, before me, in the City of

Davao on this ___th day of August____ 2023, affiant exhibiting
before me her Identification _____________ issued on __________ at
__________, Philippines.
Doc. No.: ____
Page No.: ____
Book No.:____
Series of 2023.

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