Republic of the Philippines
OFFICE OF THE CITY PROSECUTOR
Marikina City
MARY CHILE CASTRO y CARLOS,
Complainant,
-versus-
RYSAL CASTRO y MALLARI
and ERIKA LAMAN y MENDOZA
Respondents.
x-----------------------------------------------x
I.S. NO. 08-0223
-for-
Violation of R.A. 9262 and
Concubinage
RESOLUTION
This resolves the complaint for Violation of R.A. 9262 against respondent Rysal Castro
y Mallari and for concubinage filed against on both respondents by the complainant on the
basis of the evidence on record since respondents failed to submit their respective counteraffidavits
despite due notice.
Complainant pieces of evidence disclosed that complainant and respondent Rysal
Castro y Mallari (Rysal for brevity) were husband and wife and separated in fact for more than
one year. Rysal seldom visited her and their children at their house located at 218 Banaag St.,
West Capitol, Pasig City. During their separation complainant has no knowledge that Rysal
live with respondent ERIKA LAMAN y MENDOZA (Erika for brevity) which from the past
causing trouble with complainant and Rysal during their covertures.
On January 5, 2008 complainant and Rysal’s common children in the person of Rafael
C. Castro, 9 years old and Mariangela Rhyanna C. Castro, 8 months old were both confined at
Medical City Hospital because of Dengue. Rafael C. Castro was first discharged from the
hospital while Mariangela Rhyanna C. Castro was remained confined and placed at the
Intensive Care Unit.
On January 13, 2008 the doctor informed the complainant that Mariangela Rhyanna was
already saved from Dengue and advise that she is ready for discharge but complainant has a
trouble with the hospital expenses incurred for the treatment of her children with Rysal.
On January 14, 2008 complainant and Rysal had an argument regarding the payment of
the hospital billing. Rysal informed the complainant that the mother and the brother of Erika
were with him and waiting at the ground floor of the hospital. The cause of the argument was
due the fact that Rysal wanted the complainant to accept the financial aid given by the relatives
of Erika in order that their child Mariangela is discharged from the hospital and that the billings
be settled but the complainant refused to accept the financial aid. This resulted to a more heated
argument to the point that complainant was strangled on the neck and slapped on the face by
Rysal while carrying her youngest child at the 9th floor of Medical City.
On January 15, 2008 complainant was able to settle the billing at the hospital through
the help of her friends and reported the matter of physical abuse committed by the Rysal
against her at Brgy. Pineda, Pasig City in order to obtain a protection from the said respondent.
From then complainant gathered evidence against respondents for the crime of
concubinage. She obtained the certificate of live birth of the child of respondents in the person
of Ryle Andrei Laman Castro from the Quezon City Civil Registrar. From the certificate of live
birth of Ryle Andrei Laman Castro she discovered the house where respondents were living
located at 124 E. M. Roxas St., Calumpang, Marikina City.
-----
Resolution
I.S. No. 08-0223
Page 2
-----
A day after complainant was able to locate the said house and took picture of the house
wherein the vehicle of Rysal was parked and she gathered information from the neighbor of the
respondents who refused to gave their names that respondents where living as husband and
wife.
After a judicious evaluation of the evidence presented by the complainant, we find that
this office has no jurisdiction over the charge of violation of R.A. 9262 against respondent
Rysal Castro y Mallari since the physical abused committed by respondent Rysal Castro y
Mallari against the complainant on January 14, 2008 happened inside the Medical City located
at Pasig City which is beyond the jurisdiction of this office.
With regard to the charge of concubinage against the respondents, we find that there is
no sufficient probable cause to indict the respondents of the said crime.
The elements of concubinage are the following:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling,
b. Having sexual intercourse under scandalous circumstances with a woman who is
not his wife;
c. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.
Complainant charged respondent Rysal Castro y Mallari of concubinage because he
allegedly cohabited his mistress in the person of ERIKA LAMAN y MENDOZA in any other
place like in the case at bar at 124 E. M. Roxas St., Calumpang, Marikina City. However, a
careful scrutiny of the evidence presented by the complainant will not suffice enough to prove
that respondents dwell together, in the manner of husband and wife in the said house for some
period of time. The only evidence presented by complainant was the allegation that he took
picture of the house wherein the vehicle of Rysal was parked and the information from the
neighbors of the respondents who refused to gave their names that respondents where living as
husband and wife.
Such evidence presented by the complainant was insufficient to established probable
cause for the crime of concubinage considering that it was not directly prove that respondents
dwell together, in the manner of husband and wife in the said house for some period of time. In
fact there was no allegation in the complaint that complainant actually see the respondents
living together in the said house. What complainant alleged is that he only saw the vehicle of
Rysal parked in front of the said house but not the presence of both respondents in the said
house.
The information she allegedly gathered from the neighbors of respondents are hearsay
since the neighbors she mentioned did not reveal their identity neither executed an affidavit to
that effect.
-----
Resolution
I.S. No. 08-0223
Page 3
-----
In the crime of Concubinage the term “cohabit” means to dwell together, in the manner
of husband and wife, for some period of time, as distinguished from occasional, transient
interviews for unlawful intercourse. Hence, the offense is not a single act of adultery; it is
cohabiting in a state of adultery which may be a week, a month, a year or longer. (People vs.
Pitoc, et.al., 43 Phil.760)
Thus there is no concubinage if married man is surprised in the act of sexual Intercourse
with a woman not his wife in a hotel.
Thus also, a person who keeps a mistress in an apartment furnished by him is not guilty
of concubinage if he does not live or sleep with her in said apartment.
The fact that Rysal has a children with Erika would not support the charge of
Concubinage since having a child with the mistress is not among the elements of concubinage.
Wherefore, we resolve the following:
1. To Dismiss the complaint for violation of R.A. 9262 against respondent Rysal
Castro y Mallari for lack of jurisdiction
2. To Dismiss complaint for Concubinage defined and penalized under Article 334 of
the Revised Penal Code against respondents Rysal Castro y Mallari and Erika Laman y
Mendoza for lack of sufficient probable cause.
City of Marikina, December 18, 2008.
RICARDO T. PAET, JR.
Assistant City Prosecutor
APPROVED:
JASON ANTONIO AMANTE
City Prosecutor
/mgsn 121808
Copy Furnished:
Mary Chille Castro y Carlos
#218 F Babaag St., West Capitol
Pasig City
Rysal Castro y Mallari
Erika Laman y Mendoza
#124 Apartment E.M.A. Roxas St., Calumpang,
Marikina City
-- i was surfing the net, when all of a sudden a friend of mine from U.S called and was asking if i can help him... a girl named Mary Chille Carlos Castro, an ex N.Y Tel Outbound Agent has a financial obligations to him. I told him i'll help him and see what i can do, i already know her, well she used to be a friend but after the scam that she did to my friends... wala na ako news from her... searched thru google... and voila.... i found this.... sent it to my friend.... Oh what a coincident, the Chille Castro that he was referring is the same Chille Castro that was written in this letter. Why, kase very used ang names na Rysal Castro and Erika Laman sa lahat ng ex clients niya. then funny hindi lang pala friend ko ang HINIRAMAN niya ng money madami sila na ex clients niya na wala shang alam gawin eh magpaawa...
mind.scape08 (2/7/2009 5:56:56 PM): well, di lang naman sya receptioninst, phone sex operator pa ata pag kailangang kailangan ng pera from clients
mind.scape08 (2/7/2009 5:57:35 PM): well, i think that's the way it goes pag wala kang pride at desperate ka na to provide for your luxuries, di vah?
mind.scape08 (2/7/2009 5:58:37 PM): i don't know. basta all i want to do now is give her the meaning of human-manipulated karma
mind.scape08 (2/7/2009 5:59:01 PM): with regards to being a klepto and scammer, i think that won't change anymore
mind.scape08 (2/7/2009 6:00:18 PM): hindi na. naawa lang sila not to push for any legal actions against her. sana lang malaman ng nanay na minsan she uses her mom as being sickly and near-death when asking for money from clients
see here are some of the things she is doing to have money for her luxuries...
1st she was a CLEPTOMANIAC -- are you aware that way back 8 years ago, wla cyang matirahan and what she did was nakitira sa coach because nakakaawa cya, after helping her with her kid... ang ending she was caught in the act, stole jewelries and money!!!! as in caught in the act and FYI sha pa ang galit. then what she did, she told everyone na kasangkot nya si rysal to do it.... see naghanap pa ng kasama. Honestly i dont know rysal personally, based lang sa mga stories ni chille sa amin... 2nd she's a PSYCHO, creating stories, lies etc just to have money, first her mom was about to die ( check the chat ) she asked for money because her mom has leukemia daw! Then we all believe her, we raised money for the medicines ng mom nya. 2nd she needs money for her Mother in Law's chemo theraphy, but when we confirmed to her ex hubby... a MAJOR LIE. Hilig niya mag paawa to have money.... She actually stole a VIDEO IPOD to her brother in law... and her story, inutusan daw sha ng mistress ni rysal... are you insane? slow? ... why would you do that if you know she is only a mistress.... Integrity check girl.... It was your choice, to do that... She even pretended to have a high position in her office PNI KMPG duh.,... double checked to the guard on duty... she was still a receptionist! So there you attempted to file a case pala sa ex hubby mo at sa live in partner???? You pretended n inurong mo ang case... yun pala you lost. wala ka ata pambayad ng atty... better luck next time ;) and next time dapat hindi mo sinisiraan ang inlaws mo or mga tao nakapaligid sa iyo kase hindi ikaw ang nagpapa aral sa mga anak mo kungdi ang girlfriend ni rysal sa states... i heard you pretended pa nga daw na mag cousin kayo para mapag shopping ka... then you deny it, saying tanga yung raquel... pati pala pa bday party binigyan ka, wow.... anung klase kang ina.... alam ba ng office mo na you are using PNI's PHONE LINE to call U.S para maka huthot... FYI hindi ba nila alam ang case mo before??? sabagay wala na ang mag big boss before, well papaalala naten sa mga bago...wag ka magmalinis and stop using others para may pang luho ka. matakot ka sa karma at wag ka magtapang tapangan. kaya mo lang mag blog sa sarili mo... again to all readers pls beware of her.... will post pix of her soon...
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8 comments:
I used to be marychille's ofc mate sa nytel and i know everything that she did to her clients, even sa ofc mates namen. I agree na clepto cya!!!!!! akala mo kung cnung mabait but the truth is pag nakaharap ka, nagbabait baitan. pag nakatalikod ka, sisiraan ka.
yah i remember na there's a girl from US na niloko niya, tanga daw dahel naniwala sa kwento at sinasabe niya. naawa nga kme dahel super big money ang ipinapadala. kuwento niya lahat samen yan. True na magaling magpaawa sa clients para makabenta at makahuthot. Pag binigay na yung cc no. ng client, susulat nya din sa paper to save it which is bawal!!!!!!!
guess what namamalimos na naman daw ng tuition kasi daw yung husband na hiwalay na eh ndi daw nagpapadala ni piso kaya ayun kung sino sino sinisipsipan para maka huthot... hindi ba sha natatakot sa karma??? naku wag naman sa mga bata, sha na lang ang makarma tutal wla naman shang kwenta... eto pa funny feeling niya ata boss sha ohhh sa mga galit sa kanya call PNI KMPG look for inky manzano, brey, mathew isumbung niyo ang fraud na ginawa niya
hey may bago nagkasakit daw anak ang gastro ba dapat may citiscan??? bobo diba para makahinge lang pera hahaha sa mga hiniraman ni chille fyi madame yang pera kase hinge ng hinge at take note mga anak pa inuutusan hahaha kakahiya pulubing palamunin na inutil
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