Kris sues Joey for threats, injuries

Actress and game show host Kris Aquino filed yesterday charges of grave threats, grave coercion, illegal possession of firearms and less serious physical injuries against her former lover, Parañaque Mayor Joey Marquez.

Accompanied by her mother, former President Corazon Aquino; her brother, Tarlac Rep. Benigno Aquino III; and eldest sister Ma. Elena "Ballsy" Aquino-Cruz, Kris filed her complaint before Rizal Assistant Prosecutor Mariam Bian in Pasig City at 2:30 p.m.

She was also accompanied by her lawyers Sigfrid and Raymond Fortun, former senator Rene Saguisag and about 100 fans.

Sigfrid Fortun said they would also file administrative charges today against Marquez before the Department of the Interior and Local Governments (DILG).

In her affidavit, the actress said the complaint stemmed from a quarrel that erupted between herself and her "special friend," Marquez, on Sept. 22 in unit 22-D, Essensa East Forbes Condominium in Bonifacio Global City, Taguig.

The argument degenerated into a physical struggle and culminated with Marquez allegedly cocking and poking a gun at Aquino.

Early the next day, Aquino had her injuries examined at the Makati Medical Center.

At 4 p.m. that day, Aquino, accompanied by her brother and a battery of lawyers, had the incident entered into the blotter of the Police Anti-Crime Emergency Response (PACER) office at Camp Crame in Quezon City.

Aside from a medical certificate, Aquino also submitted as evidence a police certification that Marquez owns an Astra caliber .380 pistol; a caliber .22 Squires Bingham rifle; three caliber .45 Colt pistols; a caliber .45 Llama pistol; and a Super .38 pistol.

Another certification showed that Marquez was issued permits to carry firearms outside residence (PTCFORs) for two caliber .45 Colt pistols with serial numbers FN34174 and FXI-31812 which were valid up to March 19 and March 8, 2003, respectively.

FED officials also clarified that all PTCFOR permits issued before Jan. 21 were revoked by President Arroyo.

Because of the PTCFOR, Aquino said, Marquez should not be allowed to carry or possess firearms outside his residence on No. 84 Don Rufino Avenue at Tahanan Village in Parañaque City.

The actress said Marquez always carries a gun with him, especially when his bodyguards are not around, The gun that he cocked and pointed at her is the one he frequently carries, Aquino said.

Aquino has sought closed-door hearings of the charges she filed against Marquez, as well as the sealing of case records.

"These requests were made by Kris in the opinion that it will be in her best interest to prevent overexposure from further sensationalism by media," Fortun said.

Marquez refused to make a public apology in exchange for the dropping of charges against him because it would "take away what dignity I have left."

"The fact that he went on national TV saying that doing this would take away what is left of his dignity means he is not ready to give in to our conditions," Fortun said. Despite this, the Aquino family is hopeful Marquez will see that it is in his best interests to comply with their requests.

Fortun added that they have attached the affidavits of six witnesses to the charge sheet, including that of Rep. Aquino, Ballsy and two executives of ABS-CBN to whom Aquino first related her ordeal.

Marquez is meeting with lawyers and seeking their legal opinion regarding the best response to the charges, Parañaque City Hall public information officer Mario Jimenez said.

Jimenez also said Marquez had wanted to hire former Solicitor General Frank Chavez to defend him since Chavez served as his in the annulment of his marriage to actress Alma Moreno. But Chavez declined.

In a radio interview, Marquez denied radio reports that he chose former Sen. Miriam Defensor-Santiago as his lawyer.

Concubinage Charges?

In another development, Moreno said she may file concubinage charges against Marquez and Aquino.

"I have spoken with my attorney and he is gathering evidence," Moreno said. "For me they should both go to jail because they both wanted it. You both knew what you were doing was wrong."

The penalties for concubinage are: Six months to six years’ imprisonment for the convicted man and exile or destierro for the convicted woman.

Concubinage is defined under the Revised Penal Code as the act in which any husband "shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods."

The law also states that "the concubine (mistress) shall suffer the penalty of destierro."

In Black and White

In her statement, Aquino said she had been preparing to leave for the taping of her game show Game Ka Na Ba? when she reminded Marquez to call his brother, Damba, and ask whether the mayor’s meeting with barangay officials would push through.

When Marquez turned on his cellular phone, she said, it repeatedly beeped, indicating new messages had been received. Aquino surreptitiously approached Marquez from behind and read part of one message: "Hindi ako makapaniwalang nagawa." The sender was a certain Mariz.

She said an argument ensued and an enraged Marquez threw his cellular phone at the closet, where the impact broke it into pieces.

She said Marquez cursed her and she tried to retaliate by grabbing his genitals, but Marquez moved away while hitting her on the forearms.

The impact of Marquez’s open-handed blows left contusions on her forearms. Marquez also held both her arms in a tight grip, hurting her, she said.

"(Marquez) then forcefully flung me to the other side of the room by using his right arm in a swinging motion causing me to be thrown onto the floor like a rag doll," she said in her affidavit.

The actress said she told Marquez she wanted to end their relationship, which angered the mayor even more. "You’ve made a fool of me enough," she yelled at Marquez, "I’m leaving."

"You will be the one put to shame," Marquez allegedly yelled back in Filipino as he took a cell phone billing statement from the closet and threw it at her. "Look at it. Who have you been calling? You know I have revelations to make against you." When Aquino was about to leave the room, she said, an enraged Marquez, "his eyes fierce and his face seething with anger," hurriedly went to a cabinet and grabbed a pistol from the upper shelf, cocked the gun and pointed it at her.

"I was stunned. I could not move or utter a word for what seemed like a long time. I also was trembling in fear," Aquino said.

When Marquez lowered his gun, he sarcastically told Aquino to tell the truth when she speaks to her mother of her ordeal. "Go on, try and tell the truth. Tell it. Let’s see, I’ll bring out all your garbage. You got (sexually transmitted disease). Your career will be over once this stink gets out! Go ahead Kris, try it," Aquino quoted Marquez.

"The fact is, it was (Marquez) who infected me with a sexually transmitted disease but had blamed me for it to belittle me, thereby making him guiltless thereon," she added.

Aquino said she rushed out of the room and called nanny Annabel Paroja, her makeup artist Rudy Fuentes and her son Joshua and left the condominium for the house of her sister in Quezon City. Minutes later, they proceeded to Mrs. Aquino’s residence on No. 25 Times st., West Triangle, Quezon City.

Meanwhile, Aquino’s aunt, Sen. Teresa Aquino-Oreta urged Congress to speed up the passage of a bill criminalizing domestic violence.

Oreta said there a measure specifically addressing and penalizing domestic violence should be passed because such violence involves more than just physical maltreatment. domestic violence, she said, includes psychological and emotional cruelty, as well as verbal abuse.

Senate Bill 864 "treats domestic abuse as a human rights issue and emphasizes the value of dignity of every person as a member of the family."

"No man has the right to inflict harm on any woman, whatever reasons he may have," Oreta said.

Former Sen. Raul Roco, meanwhile, issued a statement expressing his family’s empathy for Aquino family "in this time of pain."

"It can happen to all families," Roco said. "In the case of Kris, her forthrightness and courage should be an example for the others who suffer as victims of this silent crime (domestic violence)," he said.

"We support Cory in offering haven to Kris and we pray with her that our children will be spared these difficulties even as we believe in the capacity of every Filipino to rise again," he said. — with reports from Pamela Samia, Jose Rodel Clapano, Ann Corvera