REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Digos City, Davao Del Sur

MATTHEW JAMES BOITANO, NPS NO._____________

Complainants,
FOR: KIDNAPPING AND
FAILURE TO RETURN
MINORS (VIOLATION OF
ART. 270 OF THE RPC)

- versus -

ANTONIO TORADO SUBTINIENTE,

and LETANIA SELGAS SUBTINIENTE,
Respondents.
X----------------------------------------------/

AFFIDAVIT-COMPLAINT

I, MATTHEW JAMES BOITANO, 40 years old, American

national, married and with address c/o at Door 5, Borromeo Bldg.
Tomas-Saco-14th Sts., Macasandig, Cagayan de Oro City do hereby
state under oath as follows:

1. That I am married to Grecielyn Selgas Subtiniente-

Boitano, who is also the daughter of herein Respondents.
A copy of our Certification of Marriage issued by the
State of Florida is hereto attached as Annexes A to A-
1;

2. That during our marriage, we begot three (3) wonderful

children, namely, Andreo, who currently reside with his
mother in the United States and Graciella Sophia Boitano,
and Brigitte Boitano who are currently being held by the
above-named Respondents, as I am executing this
affidavit. Copies of the U.S. Passports of Graciella and
Brigitte are hereto attached as Annexes B and C,
respectively. A copy of the Certification of Birth of
Graciella issued by the State of Florida is also attached
hereto as Annex D and a copy of the Consular Report
 of Birth Abroad of Brigitte issued by the United States of
America Department of State is hereto attached as
Annexes E, to E-1;

3. That on February 2015, as I was closing in on a deal to

buy a new house for my family and I to live in in the
United States of America, I was not sure if it was due to
stress or some other reason but my wife, Grecielyn
coerced me that we should send Graciella and Brigitte,
who up to now are still minors, to their grandparents here
in the Philippines. I did not like the idea at first, but
Grecielyn said that shed separate with me if I would not
heed to her demands. I finally conceded as I did not want
to end our marriage, but we agreed that the arrangement
would be temporary and that my daughters would go
back to the United States of America after I shall have
purchased a new house for us to live in;

4. That my marriage with Grecielyn turned sour when she

cheated on me on or about January 2, 2016. We had an
argument and days later, she left and brought my son to
Texas without my consent;

5. That realizing that Grecielyn would not come back, I

went to the Philippines to get my daughters from herein
Respondents;

6. That I did everything in my power to acquire custody

over my children. However, all efforts were fruitless as
the Respondents would always refuse to give me back my
daughters;

7. That on February 24, 2016 at 2:56 in the afternoon, I

requested for assistance of the Matanao Municipal Police
so that I may get back my daughters. Later on, at around
7:18 in the evening, I pleaded to Respondents that I be at
least be able to take out my daughters to the mall and also
be able to sleep beside them at that night. Respondents,
however, refused. In fact, Antonio Subtiniente, one of
herein Respondents started to hit and physically hurt me.
This incident was really painful for me. I could not
fathom the fact that he could not even take his children
out to the mall when in fact, I can rightfully spend time
with my daughters being their biological father. Copies of
the Extracts from the Official Blotter Book of the Matanao
 Municipal Police Station are hereto attached as Annexes
F, and G;

8. That on September 11, 2016, again with the assistance of

the Matanao Municipal Police, I looked for my minor
children but the Respondents kept lying, even to the
police officer who assisted me, as to the whereabouts of
my daughters. They kept insisting that Ive already
surrendered my right to custody over my daughters to
them but I have never in fact did such a thing. A copy of
the Extract from the Official Blotter Book of the Matanao
Municipal Police Station is hereto attached as Annex H;

9. That on the same day, when I was finally able to meet my

daughters, I was only allowed by Respondents thirty (30)
minutes to spend time with them. When the thirty (30)
minutes was up, the police officers, acting on the
instructions of the Respondents pulled my hands off my
children, as if I was some criminal. This almost caused my
daughter to fall on the ground and get hurt;

10.That there is no legal document stating that I cannot see

my children or anything stating therein that I do not have
any right to custody over my minor children. There is no
law, or any lawful order of the court stating that I am not
allowed to see, speak, or be involved with my children. It
has been almost a year that I am alienated from my
children all because of the Respondents;

11.That everytime I go to Respondents to ask for my

children, the same thing always happens: Respondents
refuse to give me back my daughters;

12.That under Article 270 of the Revised Penal Code, the

crime of kidnapping and failure to return a minor is
committed when a person who, being entrusted with the
custody of a minor person, shall deliberately fail to
restore the latter to his parents or guardians;

13.That in the case of People of the Philippines vs Aida Marquez

[G.R. No. 181440, April 13, 2011], the crime of kidnapping
and failure to return a minor has two (2) essential elements
to wit:

a. That the offender is entrusted with the custody of a

minor person; and
 b. That the offender deliberately fails to restore the said
minor to his parents or guardians;

14.That both essential requisites are present in this case. As

previously stated, I and my wife agreed to temporarily let
my daughters live with the Respondents. However, when
I came to the Philippines to get them back, Respondents
would refuse to surrender them. In fact, I had to resort to
a Petition for Habeas Corpus. A copy of my Petition is
hereto attached as Annex I with submarkings;

15.That I am executing this affidavit to attest to the foregoing

facts for the purpose of filing a criminal charge for
kidnapping and failure to return minor children, Article 270 of
the Revised Penal Code against Criminal and Civil
charges for Child Abuse, against Respondents, Antonio
Torado Subtiniente and Letania Selgas Subtiniente, with
address at Brgy. Camanchiles, Matanao, Davao del Sur.

IN WITNESS WHEREOF, I hereunto affix my signature this __

day of September 2016 at Cagayan de Oro City, Philippines.

MATTHEW JAMES BOITANO

Affiant/Complainant

SUBSCRIBED AND SWORN to before me this ___ day of September

2016 at Cagayan de Oro City, Philippines, by MATTHEW JAMES BOITANO,
who is known to me on the basis of competent document of identity to be the
same person who executed the foregoing Affidavit-Complaint.

I HEREBY CERTIFY that I have personally examined and am satisfied

that he has read and understood his affidavit the contents of which he has
personal knowledge.