Professional Documents
Culture Documents
Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
KIDAPAWAN CITY
Kathrine Bernardo
Complainant
vs. I.S. No. 2
For: Rape
Daniel Padilla
Respondent.
x-----------------------------------------------------------------------------------------x
COMPLAINT-AFFIDAVIT
having been duly sworn in accordance with law, hereby depose and state
that:
“Tata Dan”, Filipino, of legal age, and with residence at Block 11, Lot
Article (Art.) 266 of the Revised Penal Code (RPC) and committed as
follows:
(a) That in the morning of January 13, 2019 at around 7:30, I was left
alone in the house because my mother and father has to report to their
elementary pupil. I am a 4th year college student then, but I was not
able to attend class because I was sick the night before. After bidding
1
(b) I was awaken by the sound of the alarm in my phone telling me that it
was already 11:00 in the morning. I woke up feeling well and decided
to take a bath. I was about to close the bathroom door when Tata
(c) I was begging him not to do what he plans to do. It was then that he
(d) I was so afraid that he will hit me with me with the lagaraw and so I
followed his orders and was silently crying. With my back on him, he
placed the said weapon on top of the counter and was about to cuffed
me with a wire (alambre) when I turn back to him and kick his penis
and punched him in the face. He then lost his balance and hit his head
in the mirror.
(e) When I was on my way out, he pulled my hair with so much force
that I hit the floor. He kicked me in the stomach several times and
(f) He again gets the weapon and cut me in my left thigh. I cried in pain
(g) Consequently, he took his pants and underpants off and seated on the
ordered me to bend down with head low and buttocks up, my hands
2
(i) He inserted his penis fiercely inside my vagina and thrust hastily
(j) He was not satisfied with it that he laid down the weapon and inserted
his penis this time in my butt. I was in deep pain that I have tried to
stand up and he then pulled my hair and hit my head in the toilet
twice and I do not know what happen next. I just woke up in the
(2) My mother was in tears and told me that when they arrived home, they
bathroom.
and my father went to the police station to report the crime against my
person.
(4) After 3 months and when I was able to gain my strength, not completely,
but was able to sit, the police took my sworn statement, a copy of which
is hereto attached and made an integral part hereof as Annex “A”. A copy
the Revised Penal Code of the Philippines are carnal knowledge, force or
against the will of the woman, or when the latter is under twelve (12)
(6) Added to that, paragraph 2 of Article 266 provides the elements of rape
3
of the circumstances mentioned in the superseding paragraph, shall
(7) Based on the foregoing, it is beyond cavil that respondent Anghelo Noel
Caluag Dimakaya committed the crime of rape punishable under Art. 266
of the RPC.
(8) Furthermore, whenever the crime of rape is committed with the use of a
perpetua to death.
(9) I am executing this affidavit to attest to the truth of the foregoing facts
1997.
4
ANNEX “A”
REPUBLIC OF THE PHILIPPINES)
CITY OF MAKATI ) S.S.
SINUMPAANG SALAYSAY
I, KATHRINE BERNARDO, Filipino, of legal age, and with residence at Block 11,Lot 11,
Bombastik Homes, Kidapawan City, after having been duly sworn in accordance with law, hereby depose
and state that:
1) That in the morning of January 13, 2015 at around 7:30, I was left alone in the house because my
mother and father has to report to their offices while my younger brother has to attend to his class
as an elementary pupil. I am a 4th year college student then, but I was not able to attend class
because I was sick the night before. After bidding goodbye to them, I get back to my bed and
sleep.
2) I was awaken by the sound of the alarm in my phone telling me that it was already 11:00 in the
morning. I woke up feeling well and decided to take a bath. I was about to close the bathroom
door when Tata Dan appeared in front of me, holding a lagaraw and told me “Pagsyagit dyud kay
tigbason tika”.
3) I was begging him not to do what he plans to do. It was then that he entered the bathroom and
told me that, “Dili dyud ta magkaproblema og dali ra dyud ni kung di kamusukol, talikod!”.
4) I was so afraid that he will hit me with me with the lagaraw and so I followed his orders and was
silently crying. With my back on him, he placed the said weapon on top of the counter and was
about to cuffed me with a wire (alambre) when I turn back to him and kick his penis and punched
him in the face. He then lost his balance and hit his head in the mirror.
5) When I was on my way out, he pulled my hair with so much force that I hit the floor. He kicked
me in the stomach several times and stopped when I already vomited blood.
6) He again gets the weapon and cut me in my left thigh. I cried in pain but he hit me in the face and
told me to shut up.
7) Consequently, he took his pants and underpants off and seated on the toilet with the weapon in
his hands.
8) Thereafter, he told me to take off my pajamas and underwear. He ordered me to bend down with
head low and buttocks up, my hands on the mouth of the toilet.
9) He inserted his penis fiercely inside my vagina and thrust hastily while still holding the weapon.
10) He was not satisfied with it that he laid down the weapon and inserted his penis this time in my
butt. I was in deep pain that I have tried to stand up and he then pulled my hair and hit my head in
the toilet twice and I do not know what happen next. I just woke up in the hospital and my body
is so painful.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of April 2019, in Kidapawan
City.
SUBSCRIBED AND SWORN to before me this 5th day of April 2019 at Philippine National
Police Station 123, Kidapawan City. I further certify that I have personally examined the Affiant and I am
satisfied that he/she voluntarily executed and understood his/her statement.
5
ANNEX “B”
KIDAPAWAN DOCTORS HOSPITAL
Medical Record Division
Calachuchi St.,
Poblacion, Kidapawan City
April 6, 2019
This is to certify that Ms. Maria Luisita B. Virginia, 20 years old, with residence
at Block 11,Lot 11, Bombastik Homes, Kidapawan City, was examined and treated in
this hospital on April 5, 2019 with the following findings:
Issued this 6th day of April 2019, for whatever purpose it may serve.