Rape Complaint

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REPUBLIC OF THE PHILIPPINES )

Province of Pampanga ) S.S.

City of San Fernando )

X----------------------------------------------------------X

COMPLAINT-AFFIDAVIT

I, PRINCESS BUSTAMANTE, of legal age, mother of the


herein eight (8) year old victim RUTH BUSTAMANTE and a resident of
Barangay Dolores, City of San Fernando, Pampanga to represent my
daughter after being sworn in accordance with law, hereby deposes
and states that:

1. The respondent Jericho “Kuya Eko” Walang - Awa is my


brother in law;
2. We knew him for 10 years since 2010 when I met his brother
who is my husband;
3. He is living with us for 5 years and that we already built trust
and confidence on him as he is the brother of my husband;
4. Whenever we go to work, we entrust the care of our child to
him as he is not working and will be staying the whole day at
home doing nothing.
5. On December 15-17 2019, when we are out for several days
due to an out of town conference for 3 days, we left our child
under his care thinking that our daughter will be in good
hands.
6. Day by day, we used to call and monitor our child, and
everything seems to be normal.
7. Until the day we are scheduled to come home, we called our
daughter and hear nothing but cries.
8. This complaint-affidavit is being filed against JERICHO
WALANG - AWA a.k.a “Kuya Eko”, Filipino, of legal age, and
with residence at Barangay Dolores, City of San Fernando,
Pampanga of the crime of Rape under Article (Art.) 266 - B of
the Revised Penal Code (RPC) as amended by Republic Act
no.8353, committed as follows;

a. Her Kuya Eko, offered him some candies while she was
watching her favourite cartoons, and after sometime, she
was invited to go to her kuya’s room saying he needs some
help from her.
b. The accused said that they will only play he then lay the
child on the bed and tied her arms so he can pursue her
desires over the child;
c. He covered the mouth of the with the accused bare hands
so she can no longer shout for help;
d. She was begging not to pursue his carnal desires but the
accused threatened her;
e. While covering her mouth the accused told her that “huwag
kang magsusumbong, kung hindi papatayin ko ang mama
at papa mo”;
f. The accused then, drew his shorts and underwear;
g. While she is struggling, the accused removed her shorts
and underwear , there he inserted his penis to her vagina;
h. After satisfying his carnal desires, he went outside as if
nothing happens leaving the child crying;

9. After few days, when I am about to wash our clothes, I saw


blood stains from my daughter’s lingerie and immediately
consulted my husband about it;
10. My husband talked to our daughter about what happened
when we were away, there, our daughter cries while narrating
her story;
11. The next day, Ruth, bleeds continuously so we decided to
rushed her to the nearest hospital and have her checked by a
doctor regarding her continuous bleeding;
12. The attending physician informed and confirmed to us that
Ruth was indeed a victim of rape;
13. After such confirmation from the doctor of the cause of the
bleeding of our daughter, we immediately reported it to the
police authorities and have our sworn affidavit taken attached
herein is the copy of it as “Annex A”;
14. A medico- legal also conducted an examination, attached
herein is the copy of the findings as “Annex B”;

15. Statutory Rape when the victim is under twelve (12) years

of age.

16. Based on the foregoing, it is beyond cavil that respondent

Patrick Mercado committed the crime of rape punishable

under Art. 266 - B of the Revised Penal Code as amended by

Republic Act 8353. He had sexual intercourse with my

daughter even if it was just eight (8) years old. This constitutes

statutory rape as defined in our laws.


PRAYER

Wherefore in view of the foregoing, I executed the foregoing


Complaint-Affidavit to represent my daughter in this case, attest to
the truth of the facts stated and for the purpose of charging
respondent with the crime of rape.

Other measures of relief just and equitable under the above


premises are likewise prayed for.

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


January 2020, in the City of San Fernando, Province of Pampanga.

Princess Bustamante

Complainant-Affiant

SUBSCRIBED AND SWORN to before me, the undersigned


prosecutor this 15th day of January 2020 in City of San Fernando,
Pampanga.

I hereby certify that I have personally examined the affiant and


that I am convinced that she voluntarily executed the foregoing
affidavit and that she understood the contents thereof.

Atty. Princess Ruth Adriano

Assistant City Prosecutor


The following serves as the witnesses for the case:

1. The child herself;


2. Prosecutor;
3. Medico legal officer;
4. Psychiatrist;
5. Private counsel;
6. Police officer;
7. Accused;
8. Mother of the victim

Pieces of evidence to be presented:

1. Proof of certification of live birth- to prove the age of the victim


2. Medico legal report
3. Police report
4. Sworn affidavit
5. Photographs
6. Oral testimonies
7. Psychological report
8.

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