COMPLAINT AFFIDAVIT I, Cassandra Ces Gallos, of legal age, single and a resident of Guiguinto, Bulacan, after having sworn to in accordance with law, hereby depose and say that:
1. On 23 March 2013, at around 10 oclock in the evening, I arrived in Manila from a late evening flight from Singapore. I went straight to Serendra, Bonifacio Global City, Taguig where my boyfriend, Bernard Brando Decantillos (hereinafter referred to as Brando), lives.
2. I did not tell Brando that I was going to his condominium because I wanted to surprise him for his birthday. When he arrived, we celebrated by having sex.
3. After Brandos birthday celebration, I decided to sleep in the said condominium unit because it was already late and I was too tired. Brando slept beside me in the same bed.
4. A few hours before dawn, I felt someone fondle me and penetrate my vagina with his penis. I neither moved nor opened my eyes because I was still drowsy and I thought the said person was Brando and that he wanted to have more sex.
5. However, I noticed that the person who was with me was wearing a big watch on his left armand a gold necklace. When he started kissing me, I also noticed that the person wore a different perfume from that used by my boyfriend. Likewise, i found it unusual that there was something rubbery inside me. Brando and I usually do not use condoms because I use contraceptive pills.
6. After coming to my senses, I realized that the person having sexual intercourse with me was not in fact Brando, but someone else. He was later identified as the respondent, Arnold Ace Decantillos (hereinafter referred to as Ace). I screamed and tried to slap and push the accused but he held my hands tight.
7. I pleaded for the respondent to stop and said, Pakawalan mo ako. Huwag mong gawin ito!
8. However, the respondent continued his pumping motion and tightened his grip on my hands. I begged him for mercy but he would not listen and I could not do anything but cry.
9. A few moments later, the respondent let go of me and it was at that moment when I was able to grab his necklace. I cried and told him, Bakit mo ako pinagsasamantalahan? Hayop ka!
10. Fearing that the respondent would hurt me, I hurriedly dressed up and ran out of the condominium unit.
11. After leaving the condominium unit, I called Brando, but he was not answering so I left a message on his voicemail. I went directly to my parents' house in Bulacan and submitted myself to a medical examination at Bulacan General Hospital in the afternoon of the same day. The medico-legal examination is herein attached as Annex A.
12. After consulting a lawyer, I was informed that the following are the elements of rape under par. 1, Art. 266-A of the Revised Penal Code : 1 a. That the offender had carnal knowledge of the victim; and b. Such act was accomplished through force or intimidation; or when the victim is deprived of reason or otherwise unconscious, or when the victimis under 12 years of age.
13. In my foregoing allegations, it is clear that the accused had carnal knowledge of me while I was unconscious and, later when I regained consciousness, with the use of force.
1 PeoplevPadigos,G.R.No.181201,5December2012. 14. I am executing this complaint-affidavit in support of my criminal complaint against respondent Arnold Ace Decantillos for Rape (par. 1, Art. 266-A of the Revised Penal Code).
IN WITNESS WHEREOF, I affixed herein my signature this 26th day of March 2013 hereat City of Taguig, National Capital Region.
Cassandra Ces Gallos Affiant
SUBSCRIBED AND SWORN TO before me this 26th day of March 2013 hereat Taguig City. I HEREBY CERTIFY that I have personally examined the affiant and that I am satisfied that he fully understood and voluntarily executed the same.