REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
SURIGAO CITY

MARIA S. LOPEZ,
Complainant,
I.S. No. B-11123-2
-versus- FOR: QUALIFIED RAPE

JOSE A. LANGIT,
Accused.
x- --------- - - - - - - - - - - - - - - x

COMPLAINT AFFIDAVIT

  I, MARIA S. LOPEZ, Filipino, 17 years old, with address at

Sabang 3, Barangay San Juan, Surigao City, after having sworn to in
accordance with the law, do hereby depose and state that:

1. That I am a 3rdyear college student at North Eastern Mindanao

College;
2. That on the 4th day of January 2017, at around 11:00 in the
morning, I came home from school feeling ill,
3. That around 12:00 noon, I had lunch with my mother and
CHARLIE DECHOS, hereinafter “TAY CHARLIE” who, by then, was
my mother’s common law spouse;
4. That after we have taken our lunch, I, feeling weak and unwell,
went straight to my room to rest and suddenly fell asleep;
5. That my mother, concerned with my condition, went out to buy
medicine leaving me in the house under the care, supposedly, of Tay
Charlie;
6. That Tay Charlie, while I was asleep and taking advantage of my
weakness, crawled towards my direction, undressed me and placed
himself on top of me;
7. That I was awakened by the act, confused and dazed and later
realizing the situation, I tried to scream but Tay Charlie quickly placed
a gag inside my mouth preventing me from calling for help;
8. That Tay Jose pointed a kitchen knife at me, tied my hands
with another handkerchief and threatened to kill me and my
mother if I resisted;
9. That Tay Charlie uttered the words “Dugay na gajud ako
nagpugong sa imoha, ugsa ako anay muuna pagtilaw sa imo bago si
Ariel” which if translated in English would mean, “ I have long been
controlling myself over you, that’s why, I will be the one to taste you
first before your boyfriend Ariel”;
10.That Tay Charlie, with his trousers halfway down, caressed and
sucked my breasts and, not satisfied, inserted his penis into my
vagina;

xxxx
Under the Revised Penal Code, rape is committed as follows; Article
266-A. Rape: When and How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any
of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.

Art.266-B.Penalties-
The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common law
spouse of the parent of the victim.(Emphasis supplied)xxxx

11.That the felonious act of the Tay Charlie only ceased by the timely
arrival of my mother who caught Tay Charlie doing the above-
mentioned unlawful and felonious acts to me;
12.That Tay Charlie, upon seeing my mother, immediately removed
himself from me and stood up;
13.That Tay Charlie flee from our home when my mother, outraged by
the scene, tried to confront him;
14.That, appalled by what happened, I, accompanied by my mother,
proceeded to the City Police Station to report the unlawful and
felonious act of Tay Jose, a copy of which is hereto attached as
“Annex A”;
15.That , subsequently, I, still accompanied by my mother, proceeded to
the Caraga Regional Hospital for a medical and genital examination, a
copy of the medico-legal report is hereto attached as “Annex B”;
16.That it was not the first time Tay Charlie acted lasciviously onto me
and sexually abused me;
17.That on several occasions, Tay Charlie casually flashed his private
parts [penis] to me;
18.That on or sometime in November and December 2016, while I was
sleeping, Tay Charlie caressed my thighs, held my vagina and inserted
his finger in it, respectively;
19.That such acts were done to me by Tay Charlie when my mother or
anyone else is not around;
20.That despite such traumatic experiences, I never told anyone about it
and kept it to myself for fear and shame;
21.That I suffered intentional physical injuries, mental anguish, serious
anxiety, fright, besmirched reputation, wounded feelings, moral shock,
humiliation and other similar injuries from the lascivious and abusive
acts of Tay Charlie;
22.That based on the foregoing, it is beyond cavil that accused
committed the crime of rape punishable under Art. 266 of the
RPC by having carnal knowledge against my will and without my
consent, a copy of my Birth Certificate is hereto attached as “Annex
C” and a copy of my mother’s affidavit if hereto attached as “Annex
D”.
23.That ,I am therefore executing this affidavit freely and voluntarily in
support of my intent to file a case for QUALIFIED RAPE and/or the
appropriate criminal case against CHARLIE DECHOS, who is 45 yrs.
of age and a resident of Sabang 3, Brgy. San Juan, Surigao City.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that judgement be rendered as follows:

1. Render Jose Langit as GUILTY of all felonies stated;

2. Award the complainant Php50,000.00 as Mandatory Civil
Indemnity;
3. Award the complainant Php80,000.00 as Mandatory Moral
Damages;
4. Award the complainant Php50,000.00 as Exemplary Damages.
5. Attorney’s fees: Php50,000.00

Other relief and remedies as may be deemed just and equitable

under the premises are likewise prayed for.

City of Surigao, January 6, 2017.

Respectfully submitted.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 6th day of January 2017 at Surigao City, Philippines.

MARIA S. LOPEZ
Affiant
SUBSCRIBED AND SWORN TO before me this 6th day of January
2017 at Surigao City, Philippines; I hereby certify that I have
personally examined the affiant and that she fully understand the
contents of her Affidavit-Complaint.

PROS. CHRYSTAL LUEGO

Asst. City Prosecutor
ROLL NO. 7777
PTR No. 3131, Jan. 03, 2017
IBP Life Member No. 0888, Oct. 18, 2004, Surigao del Norte
MCLE COMPLIANCE NO. III-000555 11/11/11

Copy furnished:
FLORES GARDE MALAZA LAW OFFICES
1703 M. Ortiz St.
Brgy. Washington
Surigao City

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
 I, MARIA S LOPEZ, Filipino, 17 years old, with address at
Sabang 3, Barangay San Juan, Surigao City, after having sworn to in
accordance with the law, do hereby depose and state that:

I am the complainant in the above-stated case; I prepared the

foregoing COMPLAINT AFFIDAVIT; I have read it and the
allegations therein are true and correct of my personal knowledge
and based on authentic records; I have not theretofore commenced
any other action involving the same issues in the Supreme Court,
the Court of Appeals or different divisions thereof, or any other
tribunal or agency; if there is such other action or proceeding, I
shall state the status of the same; and if I should thereafter learn
that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different
divisions thereof, or any other tribunal or agency, I undertake to
promptly inform the aforesaid courts and other tribunal or agency
thereof within five (5) days therefrom.

IN WITNESS WHEREOF, I affix my signature this 6 th day of

January 2017, in the City of Surigao.

MARIA S. LOPEZ
Complainant

SUBSCRIBED AND SWORN to before me this 6 thday of

January 2017 in Surigao City, Philippines, affiants exhibited to me

Maria S. Lopez TIN 209-382-789 SS No. 33-6630205-4

as competent evidence of their identity.

Doc. No. _____; PROS. CHRYSTAL LUEGO

Page No. _____; Asst. City Prosecutor

Book No. _____;

ROLL NO. 7777
PTR No. 3131, Jan. 03, 2017
IBP Life Member No. 0888, Oct. 18, 2004, Surigao del Norte
MCLE COMPLIANCE NO. III-000555 11/11/11

Republic of the Philippines

REGIONAL TRIAL COURT
13th Judicial Region
 Branch 29
Surigao City

PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. 12345
-versus- For: QUALIFIED RAPE

JOSE A. LANGIT,
Accused.
X--------------------------------------X

INFORMATION

The undersigned Assistant City Prosecutor upon sworn complaint

originally filed by the offended party, accuses JOSE A. LANGIT, 45 years of
age, resident of Sabang 3, Barangay San Juan, Surigao City, Philippines of
the crime of RAPE, defined and penalized under Article 266-A par 1(b) and
266-B (1) of the Revised Penal Code, as amended, committed as follows:

That on or about 4th day of January 2017, in the City of Surigao,

Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, did then and there, willfully, unlawfully and feloniously
raped the person of Maria Lopez, against the latter’s will, and by
means of force, threat and intimidation, forced a handkerchief
inside her mouth, pointed a kitchen knife, tied her hands and
threatened to kill her and her mother if she resisted, caressed
and sucked her breasts and, not satisfied, inserted his penis
into Maria’s vagina, and succeeded in having carnal knowledge
without her consent.

CONTRARY TO LAW.
Surigao City, Philippines, January 11, 2017

PROS. CHRYSTAL LUEGO

Asst. City Prosecutor
ROLL NO. 7777
PTR No. 3131, Jan. 03, 2017
IBP Life Member No. 0888, Oct. 18, 2004, Surigao del Norte
MCLE COMPLIANCE NO. III-000555 11/11/11
 CERTIFICATE OF PRELIMINARY INVESTIGATION

A Preliminary Investigation has been conducted in the above-entitled case,

wherein the accuse was given the chance to appear and that on the basis of the
evidence presented there is reasonable ground to believe that the offense charged has
been committed and the accused is probably guilty thereof.

IN VIEW HEREOF, it is respectfully requested that a warrant of arrest

be issued against JOSE A. LANGIT who is a resident of Sabang 3, Brgy. San
Juan, Surigao City,

SUBSCRIBED and SWORN to before me this 11th day of January 2017 in the
City of Surigao, Philippines.

PROS. CHRYSTAL LUEGO

Asst. City Prosecutor
ROLL NO. 7777
PTR No. 3131, Jan. 03, 2017
IBP Life Member No. 0888, Oct. 18, 2004, Surigao del Norte
MCLE COMPLIANCE NO. III-000555 11/11/11

Approved:

PROS. SHERALYNE D. PEQUINA

City Prosecutor
Roll No. 98765
IBP No, 12345/1-3-2016/Surigao
PTR No. 34567/1-3-2016/Surigao

WITNESSES:
1. Maria S. Lopez – Sabang 3, Brgy. San Juan, Surigao City
2. Fe S. Lopez (mother of the victim) - -do-
3. Attending Physician (CARAGA REG. HOSPITAL)
4. Others (reserved)

NO BAIL RECOMMENDED.