Republic of the Philippines

OFFICE OF THE PROVINCIAL PROSECUTOR

Baganga, Davao Oriental

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Plaintiff, 3002-2017-CR

-versus- FOR: CONCUBINAGE

MR. ELIAS MACATOL and

MS. MAGDALENA PINILI
Accused.
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COMPLAINT-AFFIDAVIT

I, MILAGROS D. BALICAN-MACATOL, of legal age, married

and a resident of Sitio Dawis, Central, Baganga, Davao Oriental,
under oath, declare that:

1. On February 14, 1998, accused ELIAS MACATOL (Elias) and

I were legally married at the Immaculate Concepcion Parish,
Baganga, Davao Oriental. A certified true copy of the
Marriage Certificate is hereto attached as “Annex A”;

2. In 2002, I was offered an opportunity to work as a nurse in

Alberta, Canada, but my husband refused to allow me to
leave our family to work abroad;

3. Despite oppositions of my husband, I still complied with all

the necessary requirements to work in Canada and left the
country in April 2003;

4. In 2008, after having completed the 5-year continuous stay in

Canada, I was able to petition my family to live with me
abroad. Elias and our two (2) children, Julie Ann and Joanna
May, went to Canada on August 2008;

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5. A month after they arrived in Canada, Elias insisted that he
had to return to the Philippines to formalize his resignation
with his employer and promised to return to Canada soon
after everything is settled. However, Elias no longer
returned to Canada;

6. During the years that Elias was in the Philippines, I

frequently called him to check on the progress of his
resignation, to which Elias would refuse to answer and often
times offered several reasons why he still cannot return to
Canada. I even insisted of coming home sometime in 2013
after the end of my employment contract. However, Elias
opposed my plan and urged me to renew my contract for
another four (4) years;

7. In June 2014, our eldest daughter Julie Ann, while on school

break, went to the Philippines to visit her father and lived
with him for over a month in their old house in Sitio Dawis,
Central, Baganga, Davao Oriental;

8. I knew about my husband’s affair through our daughter,

Julie Ann, when she returned to Canada in July 2014 and
told me that she met accused, MAGDALENA PINILI
(Magdalena) who was introduced to her by her father as his
good friend who volunteered to help around the house in
exchange for a temporary place to live since the former
household helper, Musa Catulong, left;

9. According to Julie Ann, she became suspicious with regard

the true relationship of her father and Magdalena as she
would see her enter Elias’ bedroom every night and would
leave the same room the following morning which made her
assume that Magdalena was sleeping with her father;

10. The suspicion of Julie Ann was later confirmed by their

former household helper, Musa Catulong, who narrated to
her certain incidents which would show that Elias and
Magdalena indeed have a romantic relationship;

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 11. On December 12, 2017, after the end of my employment
contract, I and my two (2) children arrived in the Philippines
and went home to Baganga, Davao Oriental where we
confronted Elias and Magdalena whom we saw living in our
family home;

12. It is most unlikely that Magdalena Pinili had not been aware
of my husband’s current status as a married man as this
affair has been going on since 2004. They have been living
together as husband and wife in our conjugal home having
been registered under the name of “Elias Macatol, married
to Milagros D. Balican-Macatol”. A copy of the Transfer
Certificate of Title covering the property is attached hereto
as “Annex B”;

13. Based on the foregoing facts, I am executing this sworn

statement as I have logical reason to believe that the accused
have committed the crime of concubinage defined and
penalized under Article 334 of the Revised Penal Code.

City of Davao, Philippines, 18 December 2017.

MILAGROS D. BALICAN-MACATOL
Complainant

SUBSCRIBED and SWORN to before me, the undersigned

prosecutor, this 18th day of December 2017 in the City of Davao,
Philippines. I hereby certify that I have personally examined the
above-named affiant and that I am satisfied that the foregoing
statements were given by her voluntarily and of her own free will.

ATTY. MEL CATHERINE MIRANDA

Provincial Prosecutor
.