Affidavit of Non-Compliance With Agreement

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Republic of the Philippines)

Isabela City, Basilan ) S.S.


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

AFFIDAVIT OF NON-COMPLIANCE WITH AGREEMENT

I, AGNES B. ABACIAL, of legal age, married, Filipino, and with


residence or postal address at Townsite, Maluso, Basilan Province, after
having been duly sworn to in accordance with the law, do hereby depose
and say that:

1. I am married to SGT RICHARD C ABACIAL 803370 PA (hereinafter


referred to as Richard), presently assigned at 35th IB 1ID as shown
by our marriage contract issued by the PSA (NSO). The marriage
contract is attached herewith as Annex “A”.

2. I and Richard have two children JOHN PHILIP BARLOVENTO


ABACIAL (John Philip) and CHARISSE NOVA BARLOVENTO
ABACIAL (Charisse Nova) as evidenced by their respective
Certificates of Live Birth issued by the PSA (NSO). The Certificate of
Live Birth of John Philip is attached herewith as ANNEX “B”. The
Certificate of Live Birth of Charisse Nova is attached herewith as
ANNEX “C”.

3. On May 5, 2014, I have filed a complaint with the Western Mindanao


Command of the Armed Forces of the Philippines against Richard for
his violation of RA 9262 otherwise known as Anti-Violence against
Women and their Children Act of 2004, for Non-support and for
Immorality. My Affidavit of Complaint is attached herewith as Annex
“D”.

4. The Western Mindanao Command held a conference on my complaint


and therein summoned Richard and me. Richard and I ended up
having a settlement agreement. The agreement is attached herewith
as Annex “E”.

5. Richard violated the said agreement from the very first month of its
implementation, particularly in the month of September, 2014.

6. Under the agreement, Richard was supposed to give the amount of


one thousand pesos only (P1,000.00) as monthly support for our two
children beginning on September 2014 up to April 2016. Moreover, by
January 2016, he was supposed to increase the said amount to seven
thousand pesos only (P7,000.00) thru Class “E” allotment.

7. All in all, Richard only gave support in the amount of two thousand
five hundred pesos only (P2,500.00) at irregular intervals for less
than ten (10) times from September 2014 up to date. Most of the time
when our children requested for support he always denied their
request.

8. Also, as part of the settlement agreement, Richard executed a Special


Power of Attorney appointing the Land Bank of the Philippines thru the
Commanding Officer, AFP Finance Center and Philippine Army
Finance Center to deposit or transfer fifty per centum (50%) of the
proceeds of Richard’s commutation benefits and three years lump sum
to my LBP account. The Special Power of Attorney is attached
herewith as Annex “F”.

9. The agreement was for Richard to forward the above-mentioned


Special Power of Attorney to the AFP Finance Center. However,
Richard did not submit the same to the AFP Finance Center as agreed
upon.
10. Considering his failure to forward his SPA to the AFP Finance Center, I
and my children fear that when Richard retires from service we would
not be able to receive anything as his legal family.

In witness whereof, I have hereunto set my hand this 11 th day of


September, 2020 in the City of Isabela, Philippines.

AGNES B. ABACIAL
Affiant

Subscribed and sworn to before me this 11th day of September, 2020


in the City of Isabela, Philippines.

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