Professional Documents
Culture Documents
Statutory Rape
Statutory Rape
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Surigao Del Norte
Surigao City
X--------------------------------------------------/
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF SURIGAO DEL NORTE ) S.S.
SURIGAO CITY )
COUNTER-AFFIDAVIT
COUNTER-STATEMENT OF FACTS
3. That there is no basis that the said victim was a minor at the
time of the commission of an offense.
The elements that would constitute the crime of RAPE under Art.
266-A, par. 1 (a) of RA 8353 are:
1. Carnal knowledge
2. Force or intimidation and the commission of the act
without consent, or
3. Against the will of the victim
8. One who alleges a fact has the burden of proving it, since mere
allegations is not evidence. Equally, it is a basic rule in evidence that he
who alleges must prove his case or claim by degree of evidence
required.
JOSE A. GONZALEZ
Affiant
SUBCRIBED AND SWORN to before me this _____ day of _______
at Surigao Del Norte, Philippines and I further certify that I have
personally examined the affiant and is satisfied that he voluntarily
executed and understood his affidavit.
Copy Furnished:
ROGER DIMAAMPAO
Purok 6, brgy. San Juan
Surigao City, Surigao Del Norte
ATTESTATION
ATTY.
Doc. No. ______. Notary Public for Surigao City and Surigao Del Norte
Page No. ______ Until December 10, 2020
Book No. ______ IBP lifetime Member No. 088516
Series of ______ PTR No. 6554392, Jan. 2, 2020
Roll of Attorney No. 52976, 3/20/19
MCLE Compliance No. VII-0036549 valid until April 2020
P. Reyes, Surigao City