Republic of the Philippines
Department of Justice
CITY PROSECUTION OFFICE
_____________
Gemma Lim Docket No:__________
Complainant,
-versus-
Roy Co
Accused, For: Violation of
R.A. No. 9995, ANTI-PHOTO AND
VIDEO VOYEURISM ACT OF 2009 &
R.A. 9262, ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
x------------------------------x
COMPLAINT - AFFIDAVIT
I, GEMMA LIM, 25 years old, Filipino Citizen, a resident of #8 Purok 5, Irisan,
Baguio City, and a student in Virgin Milagrosa Seminary School taking up MA in
Divinity, after having been duly sworn in accordance with the law, hereby depose and
state:
1. I am the same person who is the complainant in the instant case;
2. I know Roy Co, 27 years old, Filipino, he resides at #3 Governor Pack road,
Baguio City. we had a relationship and he is currently working at a call center
company- CONVERGYS located at Jhon Hay, Baguio City.
3. That we had a relationship that started December 2014 that lasted around
September 2015.
4. That in the beginning of our relationship that were in a dating status everything
was fine and that there was no problem that we encountered until February 14,
2015 at about 3:00 am Roy after his shift at Convergys, Roy called me to come
over at his place because he misses me so much, 30 minutes after the invite I’m
already at Roy’s place. At first, we were just talking and cuddling until we agreed
to have our first sexual congress.
5. That after the abovementioned incident, while he is working and I’m studying, he
used to call me regularly and the regularity of our sexual activity ensued, usually
at the time when Roy’s shift at call center is finished and usually it happens at his
place.
6. That around last week of March 2015. While me and Roy is having sex, he would
take pictures and videos. I did not bother to stop Roy and eventually consented
with it with the understanding that it is for our private consumption only and I
trust Roy that he will not show it to other people rather it will just be the two of
us who will look and watch it.
7. On August, same year, Roy was on his day-off and he invited me to come over,
without the knowledge of what will we do. I was shocked and traumatized when
Roy forced me to watch a pornographic movie of different genres, He even
demanded me to replicate the outfits and imitate the acts of wild sex, as in role
playing. When I refused to do what he demanded he throws a fist at me
threatening me to do it or else he would land his fist into my face. That this act of
Roy constitutes a violation of R.A. 9262 or Anti-violence against women and their
children act, particularly par. (b), (g), (h), (i) of Section 5
SECTION 5. Acts of Violence Against Women and Their Children. - The crime of violence against
women and their children is committed through any of the following acts:
(b) Threatening to cause the woman or her child physical harm;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support
or custody of minor children of access to the woman's child/children.
8. That on the same day, during the process, I developed anxiety, depression and
trauma.
9. That sometime between august and September 2015 I am feeling degraded and
psychologically abused, asked Roy to delete the pictures and videos he took while
were having sex. But, my request was not successful since Roy is constantly
refusing despite my repeated demand.
10. That after the incident, fear engulfed me because of the possibility of those
pictures and videos being exposed and that eventually my reputation be ruined
and tarnished.
11. That on September, same year, I decided to break up with Roy, But Roy got
furious and wanted to get even, that he showed my nude pictures and videos to
Karen stored in his cellphone. Karen is a mutual friend and that she gave her
consent to be a witness of this instant case, copy of the witness affidavit is hereto
attached and marked as Annex “A”. That his act violated provisions of the R.A.
9995 or Anti-photo and video voyeurism act of 2009, particularly par. (a) and (b)
of Section 4.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or female breast without the consent
of the person/s involved and when the person/s has/have a reasonable expectation of privacy;
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual
act or any similar activity through VCD/DVD, internet, cellular phones and other similar means
or device.
12. Roy’s abovementioned act aggravated things and causes severe psychological
trauma to me, I can’t eat and sleep properly I am even ashamed to go out and
socialize with other people not even my classmates and my family.
13. Moreover, the act of Roy has cause me substantial psychological trauma and
emotional distress.
14. That I executed this affidavit to attest the truthfulness of the foregoing facts and
to support the filing of criminal cases against Roy Co.
IN WITNESS WHEREOF, I have hereunto set my hand this ________________
at _____________ Philippines.
Gemma Lim,
Complainant-Affidavit
SUBSCRIBED AND SWORN to before me this ___ day of _______ at
_______________. I HEREBY CERTIFY that I have personally examined the
herein offended party and I am satisfied that they voluntarily executed and understood
their given affidavit.
_________________________
City Prosecutor
