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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

Maria Cruz,
Complainant
Criminal Case No. 123
For: Rape
-versus-

Juan dela Cruz,

Respondent
x----------------x

COMPLAINT-AFFIDAVIT

I, Maria Cruz, a minor, Filipino, and a resident of Tandang Sora,

Quezon City, after having been sworn to in accordance with law, do
hereby depose and state that:

1) This complaint-affidavit is being filed to charge Juan dela Cruz, of

legal age, Filipino, and a resident of Tandang Sora, Quezon City, of the
crime of Rape under Article 266-A of the Revised Penal Code,
committed as follows:

a) On January 13, 2021 at about 11:30 in the morning, Maria Cruz

was in her grandmother’s house with her epileptic teenage cousin. At
that time her grandmother was out of the house to collect money from
debtors. While she was in the living room mopping the floor, accused
Juan dela Cruz arrived in the house. The latter was a frequent visitor
as he used to make charcoal in the premises. When Juan arrived, Maria
was alone.
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b) Juan came near her and instructed her to "Lie down, lie down".
Fearful upon hearing Juan’s orders, Maria stopped mopping the floor.

Juan, with his right hand, then held Maria’s right arm. He pushed Maria,
causing her to lose her balance and fall on the floor. Juan raised

Maria’s skirt and proceeded to take off her underwear. All this time,
Juan was holding a knife with a blade of about 6 inches long, poking it
at Maria’s right breast. Fearful for her life, Maria did not resist Juan’s
initial advances. After taking off Maria’s underwear, Juan went on top
of her and while in that position, he took off his shorts, inserted his penis
inside her vagina and ejaculated. Maria’s efforts to free herself from
Juan’s hold were unsuccessful. As a result of her struggle, she felt tired
and weak. After satisfying his lust, Juan warned Maria to keep secret
what transpired or else he would kill her. Afraid that he would make
good his threat, Maria did not mention to anybody what happened, even
to her aunt, the wife of the accused.

c) Maria recalled that the second rape occurred on March 12, 2020
at about three o’clock in the afternoon. Juan went near Maria,
prompting her to hurriedly scamper to her grandmother’s house. Juan
followed her. Once in the living room of, Juan approached Maria, poked
a knife at the right side of her body, pushed her and made her lie down.
Out of fear, she didn’t resist Juan’s advances. He threatened and
ordered her to "keep quiet, don’t talk". Then he raised her skirt and took
off her underwear, after which, he took off his short pants and his brief,
laid himself on top of her, and made pumping motions until he
ejaculated.

Blood came out of Maria’s vagina. After the rape, Maria cried while the
accused left the house. Just like before, she did not mention the incident
to anybody, not even to her grandmother and to her aunt, for fear that
Juan might kill them.

d) Based on the foregoing, it is beyond cavil that respondent Juan

dela Cruz committed the crime of rape punishable under Article 266 of
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the Revised Penal Code. He had sexual intercourse with a minor which
constitutes statutory rape as defined in the law.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th

day of February, 2021, Quezon City, Philippines.

Maria Cruz
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this 17th day of

February, 2021, Quezon City, Philippines.

ALOMBRO, DATAN, JIMENEZ, LEONOR AND TORRES LAW

OFFICE
Counsel for the Plaintiff
Suite 258 The Tower
Diliman, Quezon City

By:
Charizza Camille Alombro
Roll No. 98765
IBP No, 12345/1-3-2019/Quezon City
PTR No. 34567/1-3-2019/Quezon City

Joy Datan
Roll No. 98765
IBP No, 12345/1-3-
2019/Quezon City

PTR No. 34567/1-3-2019/Quezon City

Eliezer Jimenez
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Roll No. 98764

IBP No, 12344/1-3-2019/Quezon City
PTR No. 34564/1-3-2019/Quezon City

Leonor Leonor
Roll No. 98766
IBP No, 12346/1-3-2019/Quezon City
PTR No. 34566/1-3-2019/Quezon City

Ayenshe Torres
Roll No. 98765
IBP No, 12345/1-3-2019/Quezon City
PTR No. 34567/1-3-2019/Quezon City

Copy furnished:
ATTY. Johnson Villaruel
Counsel for the Accused
ATTY. Paolo Portugalete
Counsel for the Petitioner
ATTY. Reymart Lopez
Counsel for the Petitioner
ATTY. Shyder Senorin
Counsel for the Petitioner
157 P. Tuazon Cubao, Quezon City

EXPLANATION

Copy of the foregoing COMPLAINT was served to accused’s

counsel by registered mail due to time and distance constraints and
for lack of the undersigned’s staff who can serve the same in person.
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ALOMBRO, DATAN, JIMENEZ, LEONOR AND TORRES LAW

OFFICE
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ANNEX “A”

REPUBLIC OF THE PHILIPPINES )

CITY OF QUEZON ) S.S.

SINUMPAANG SALAYSAY

I, Maria Cruz, a minor, Filipino, and a resident of Tandang Sora,

Quezon City, after having been sworn to in accordance with law, do
hereby depose and state that:

1) On March 11, 2020 at about 11:30 in the morning, she was in her
grandmother’s house with her epileptic teenage cousin. At that time her
grandmother was out of the house to collect money from debtors. While
she was in the living room mopping the floor, accused Juan dela Cruz
arrived in the house. The latter was a frequent visitor as he used to
make charcoal in the premises. When Juan arrived, Maria was alone.

2) Juan came near her and instructed her to "Lie down, lie down".
Fearful upon hearing Juan’s orders, Maria stopped mopping the floor.

Juan, with his right hand, then held Maria’s right arm. He pushed Maria,
causing her to lose her balance and fall on the floor. Juan raised Maria’s
skirt and proceeded to take off her underwear. All this time, Juan was
holding a knife with a blade of about 6 inches long, poking it at Maria’s
right breast. Fearful for her life, Maria did not resist Juan’s initial
advances. After taking off Maria’s underwear, Juan went on top of her
and while in that position, he took off his shorts, inserted his penis inside
her vagina and ejaculated. Maria’s efforts to free herself from Juan’s
hold were unsuccessful. As a result of her struggle, she felt tired and
weak. After satisfying his lust, Juan warned Maria to keep secret what
transpired or else he would kill her. Afraid that he would make good his
threat, Maria did not mention to anybody what happened, even to her
aunt, the wife of the accused.
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3) Maria recalled that the second rape occurred on March 12, 2020
at about three o’clock in the afternoon. Juan went near Maria,
prompting her to hurriedly scamper to her grandmother’s house. Juan
followed her. Once in the living room of, Juan approached Maria, poked
a knife at the right side of her body, pushed her and made her lie down.
Out of fear, she didn’t resist Juan’s advances. He threatened and
ordered her to "keep quiet, don’t talk". Then he raised her skirt and took
off her underwear, after which, he took off his short pants and his brief,
laid himself on top of her, and made pumping motions until he
ejaculated.

Blood came out of Maria’s vagina. After the rape, Maria cried while the
accused left the house. Just like before, she did not mention the incident
to anybody, not even to her grandmother and to her aunt, for fear that
Juan might kill them.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th

day of February, 2021, Quezon City, Philippines.

MARIA CRUZ
Affiant

SUBCRIBED AND SWORN TO before me this 17th day of

February, 2021, Quezon City, Philippines. I further certify that I have
personally examined the Affiant and I am satisfied that he/she
voluntarily executed and understood his/her statement.
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JOHN LLOYD CRUZ

Administering Officer
Doc. No. 123
Page No. 456
Book No. 321
Series of 2021.
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ANNEX “A”

OSPITAL NG QUEZON
Medical Record Division
Quezon City

MEDICO LEGAL CERTIFICATE

17 February 2021

TO WHOM IT MAY CONCERN:

This is to certify that Maria Cruz, 18 years old, Filipino, and a resident
of Tandang Sora, Quezon City, was examined and treated in this
hospital on 16th Feburary 2021 with the following findings:

- Shallow healed lacerations at 3 and 8 o’clock positions

- In a non-virgin state physically

Issued this 17th day of February, 2021, for whatever purposes it

may serve.

This certificate is issued by authority of the Director.

Dr. Cristine Reyes, M.D.