REPUBLIC OF THE PHILIPPINES

MANILA REGIONAL TRIAL COURT

OFFICE OF THE CITY PROSECUTOR
CITY OF MANILA
People of the Philippines and,
FRANCISCO E. CABUGTU aka “Francheska Cabugtu”
Complainant,
Xxx – versus – xxX
I.S. No. _________
For: Rape
US ARMY CORPORAL CHARLES WILLIAMS
Respondent.
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COUNTER – AFFIDAVIT

I, CHARLES WILLIAMS, US American Corporal Army male, of legal age with

residence at 3742 Kenmore Drive North Fresno, California, United States of America, after

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

1. This Counter-Affidavit is being filed to answer the accusation to me of Criminal Case

No. 001 for the crime of RAPE under the Section 2 Republic Act 8353 also known as

Anti – Rape Law of 1997 as a crime against persons. The crime of rape shall hereafter be

classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended,

otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated

into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape.

2. I am a delegate of the Joint US – Philippine Military exercises being held in Manila since

March 19, 2008.

3. I vehemently deny the false allegations and erroneous charges by Mr. Francisco Cabugtu.

The truth being that allegations as follows:

a. I admit that on August 1, 2011, at around 11:00 in the evening, Mr. Cabugtu met me

on the dance floor at Cowboy Grill in Malate, Manila. The complainant together with

his friends made acquaintance with me and my comrades.

b. Upon meeting him, we (me and my comrades) all taught that Mr. Cabugtu was a

woman based on his psychical appearance and gestures. Then, he passively and

seductively clings on me even in the front of our friends.

c. I and my comrades were having a very good conversation with him and his friends

when Mr. Cabugtu said that he felt dizzy and so he asked only me to go out, have

rest, and let the time passed by at the nearest hotel.

d. Thinking that we have already established a good friendship and since I am a very

gentleman, thoughtful and protective man, knowing the nature of work I have, I

positively and politely answered Mr. Cabugtu to unmaliciously assist him since he

said he was feeling dizzy.

e. Mr. Cabugtu immediately said to my comrades and his that he asked me to

accompany him and so to excuse us for the meantime and that we will go out for him

to unwind, curtail the dizziness that he felt and have rest to the nearest hotel.

f. We went to Executive Plaza Hotel which is the nearest hotel. When we arrived, he

kept clinging and seducing me. Then, Mr. Cabugto asked the hotel desk officer

named Ms. Alam Kototoo if there was an available room for us, he then replied that

room 143 is vacant with the follow up sentence saying “She’s (Mr. Cabugtu) so

sweet.”
g. Upon entering our room, Mr. Cabugtu said that he needed to drink medicine for

dizziness and so he took the medicine in his bag and drunk it all the way. I was seated

on a couch when he opened the T.V. and told me that I can watch movies while

waiting for him to sober up. After that, I thought Mr. Cabugtu already rested himself

on the bed and so being a gentleman, I said “call me if you need to some help”.

h. After 20 minutes, I heard a sound of crick so, I turned my head around and in my

shock, I saw Mr. Cabugtu getting out of the comfort room with only a towel wrapping

his body. I then ignored him and get my eyes back on the T.V. when I felt that he

was about to put on his dress.

i. When he was done fixing himself, he went to where I am seated and had our

conversation again. He was undeniably insisting erotic words, green jokes, gestures

and all while he kept on touching some parts of my body and teasing me as far as my

honesty and memory are concern.

j. Starting from the time that we saw each other, all I know is that he was a real woman.

I can no longer resist Mr. Cabugtu continuously teasing me that made me feel weak.

What can I do, I am still a vulnerable man. Though I've tried cooling up myself, I

can't help it most especially if the woman I thought was insisting for a burning up.

k. He then called the hotel food assistance and asked for buckets of liquors to be

delivered in our room with a rush that made the night our own. We were both under

the influence of alcohol because we generously drunk almost all of the bottles. And

Mr. Cabugtu said to me that he was enjoying the night real high being with me.
 l. Thereafter, in my shock Police Officer woke me up. Saying that I need to go with

them for some investigation and so I called my comrades specifically Brig. Gen.

Margarette Burcham to accompany me. Since I deemed I didn't do any crime and I

know to myself that I am innocent, I participated to their investigation and also my

comrades.

4. Police Inspector Pangan took my sworn statement; this copy is hereto attached and made

available to this Counter – Affidavit as Annex “1”.

5. They also took my comrades statement who are with me last August 2, 2011, my co-army

Brig. Gen. Margaret W. Burcham who took photos and videos that night gave a sworn

statement; this copy is hereto attached and made available to this Counter – Affidavit as

Annex “2”.

6. From the statement of my comrades, she mentioned about us taking photos and videos

when we were in Cowboy Grill, Malate; this copy is hereto attached and made available

to this Counter – Affidavit as Annex “3” and “4”.

7. I included the sworn statement of the Desk Officer of Executive Plaza Hotel, Ms. Alam

Kototoo. Labeled hereto as Annex “5”.

8. I also included the CCTV record of Executive Plaza Hotel while we arrived and scene

that we executed conversation to Desk Officer Ms. Alam Kototoo. This video is hereto

available to this Counter – Affidavit as Annex “6”.

9. Upon scrutinizing the Medicolegal Certification, we found out that the undersigned Dr.

Margarita Estrella Herras, MD suffered from stroke and she was confined in Makati
 Medical Center from September 30, 2011 to August 12, 2011 that made the release of the

Medicolegal Certification fabricated. The confinement medical certification of the above

mention is hereto available to this Counter-Affidavit as Annex “7”

10. I am executing this Counter-Affidavit for the purpose of attesting to the truth of the

foregoing statements, to inform the proper authorities of the above facts, to support my

innocent stand for the dropping or dismissal of the case against me, to refute the false

allegations of Mr. Cabugtu and for whatever purpose this may serve best.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th of August 2011, in City

of Manila.

US ARMY CORPORAL CHARLES WILLIAMS

Respondent / Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of August 2011 in the City of

Manila. I hereby certify that I have personally examined the affiant and I am satisfied that he

fully understood and voluntarily executed his affidavit.

Alegna Keshandra Alcazar

Public Prosecutor
 ANNEX “1”

REPUBLIC OF THE PHILIPPINES )

MANILA REGIONAL TRIAL COURT ) S. S.

SINUMPAANG SALAYSAY

I am CHARLES WILLIAMS, US American Corporal Army male, of legal age with

residence at 3742 Kenmore Drive North Fresno, California, United States of America, after

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

1. I admit that on August 1, 2011, at around 11:00 in the evening, Mr. Cabugtu met me
on the dance floor at Cowboy Grill in Malate, Manila. The complainant together with his
friends made acquaintance with me and my comrades.

2. Upon meeting him, we (me and my comrades) all taught that Mr. Cabugtu was a
woman based on his psychical appearance and gestures. Then, he passively and
seductively clings on me even in the front of our friends.

3. I and my comrades were having a very good conversation with him and his friends
when Mr. Cabugtu said that he felt dizzy and so he asked only me to go out, have rest,
and let the time passed by at the nearest hotel.

4. Thinking that we have already established a good friendship and since I am a very
gentleman, thoughtful and protective man, knowing the nature of work I have, I
positively and politely answered Mr. Cabugtu to unmaliciously assist him since he said
he was feeling dizzy.

5. Mr. Cabugtu immediately said to my comrades and his that he asked me to accompany
him and so to excuse us for the meantime and that we will go out for him to unwind,
curtail the dizziness that he felt and have rest to the nearest hotel.
6. We went to Executive Plaza Hotel which is the nearest hotel. When we arrived, he kept
clinging and seducing me. Then, Mr. Cabugto asked the hotel desk officer named Ms.
Alam Kototoo if there was an available room for us, he then replied that room 143 is
vacant with the follow up sentence saying “She’s (Mr. Cabugtu) so sweet.”

7. Upon entering our room, Mr. Cabugtu said that he needed to drink medicine for
dizziness and so he took the medicine in his bag and drunk it all the way. I was seated on
a couch when he opened the T.V. and told me that I can watch movies while waiting for
him to sober up. After that, I thought Mr. Cabugtu already rested himself on the bed and
so being a gentleman, I said “call me if you need to some help”.

8. After 20 minutes, I heard a sound of crick so, I turned my head around and in my
shock, I saw Mr. Cabugtu getting out of the comfort room with only a towel wrapping his
body. I then ignored him and get my eyes back on the T.V. when I felt that he was about
to put on his dress.

9. When he was done fixing himself, he went to where I am seated and had our
conversation again. He was undeniably insisting erotic words, green jokes, gestures and
all while he kept on touching some parts of my body and teasing me as far as my honesty
and memory are concern.

10. Starting from the time that we saw each other, all I know is that he was a real
woman. I can no longer resist Mr. Cabugtu continuously teasing me that made me feel
weak. What can I do, I am still a vulnerable man. Though I've tried cooling up myself, I
can't help it most especially if the woman I thought was insisting for a burning up.

11. He then called the hotel food assistance and asked for buckets of liquors to be
delivered in our room with a rush that made the night our own. We were both under the
influence of alcohol because we generously drunk almost all of the bottles. And Mr.
Cabugtu said to me that he was enjoying the night real high being with me.

12. Thereafter, in my shock Police Officer woke me up. Saying that I need to go with
them for some investigation and so I called my comrades to accompany me.
Since I deemed I didn't do any crime and I know to myself that I am innocent, I participated to
their investigation and also my comrades.

In WITNESSWHEREOF, I have here unto set my hand this 15th of August 2011, In the

Regional Trial Court, Manila City.

CHARLES WILLIAMS
Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of August 2011 in the City of

Manila. I hereby certify that I have personally examined the affiant and I am satisfied that he

fully understood and voluntarily executed his affidavit.

Alegna Keshandra Alcazar

Public Prosecutor
 ANNEX “2”

People of the Philippines and,

FRANCISCO E. CABUGTU aka “Francheska Cabugtu”
Complainant,
Xxx – versus – xxX
I.S. No. 001
For: Rape
US ARMY CORPORAL CHARLES WILLIAMS
Respondent.
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AFFIDAVIT OF WITNESS

I, Brig. Gen. Margaret W. Burcham, of legal age, resident of block 117, Wakeforest South
Carolina, after having sworn in accordance with law, do hereby depose and state THAT:

1. I am currently one of the delegates of the Joint US-Philippine Military Exercises being held
in Manila.

2. I and Charles are close friends for almost 8 years now since he entered the US Military
Force.

3. On August 1, 2011, I was with Corporal Charles Williams at Cowboy Grill in Malate, Manila
to celebrate the birthday of one of our comrades.

4. Around 11pm, Mr. Cabugtu, the one we thought a woman, approached my comrade Charles
Williams when we were on the dance floor.

5. Eventually our group and Mr. Cabugtu's had a friendly relationship with each other. We were
having a good conversation when I noticed Mr. Cabugtu seducing and flirting with Charles
Williams in a very touchy way but then the latter just ignored the acts done by Mr. Cabugto.
6. As a souvenir for that night, we took photos together with our new friends Mr. Cabugtu and
company with were attached as Annex “3”.

7. Mr. Cabugto then interrupted the night that we were enjoying when he asked Charles
Williams to accompany him in the nearest hotel because he was feeling dizzy.

8. Knowing Mr. Williams as a very gentleman guy, he politely accepted the favor of Mr.
Cabugtu to assist him to the nearest hotel. They then bade goodbye to us.

9. At 7:15 in the morning, I got a phone call from Mr. Williams telling me that some policemen
took him for investigation because of the reported rape case accused to him by Mr. Cabugtu.

I executed this affidavit for the purpose of attesting to the truth of the foregoing
statements, to inform the proper authorities of the above facts, to support his innocent stand for
the dropping or dismissal of the case against Mr. Charles Williams.

IN WITNESSWHEREOF, I hereunto affix my signature this 15th day of August

2011 at Manila Regional Trial Court, City of Manila, Philippines.

Brig. Gen. Margaret W. Burcham

Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of August 2011 in the City of
Manila. I hereby certify that I have personally examined the affiant and I am satisfied that he
fully understood and voluntarily executed his affidavit.

I HEREBY CERTIFY that I have personally examined the herein affiant's statement and I
am satisfied that she voluntarily executed and understood her given affidavit.

Alegna Keshandra Alcazar

Public Prosecutor
 ANNEX “3”

The photos attached hereto came from the digital camera of Brig. Gen. Margaret
Burcham when they went to Cowboy Grill, Malate Manila on August 1, 2011. These photos
show that Mr. Cabugtu was seducing and flirting Corporal Charles Williams.
 ANNEX “4”

People of the Philippines and,

FRANCISCO E. CABUGTU aka “Francheska Cabugtu”
Complainant,
Xxx – versus – xxX
I.S. No. 001
For: Rape
US ARMY CORPORAL CHARLES WILLIAMS
Respondent.
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AFFIDAVIT OF WITNESS

I, Alam Kototoo, Hotel Desk Officer in Executive Hotel Plaza, 28 years of age, single,
resident of Wackwack Subdivision, Mandaluyong City, after having sworn in accordance with
law, do hereby depose and state THAT:

1. I am currently working as a Desk Officer of Executive Plaza Hotel.

2. I’ve been working in the said hotel for three years and I was on my shift that morning of
August 2, 2011.

3. I saw how the complainant touched and flirted with the defendant. They actually looked like
couples upon seeing the complainant’s sweetness and tempting actions to the defendant. The
complainant asked me if there was an available room for them, I then replied that room 143 is
vacant with the follow up sentence saying “She’s (complainant) so sweet.”

4. They left my working station, but I can’t keep my eyes off them as they walked towards the
elevator. This was because the complainant was so gorgeous and seductive clinging to Mr.
Williams while the latter remained to be passive but it was really visible that he was a man
of respect due to his gentleman actions towards Mr. Cabugtu.
 5. At around 5:20 in the morning of the same day, the complainant passed by my working
station looking normal and she even said goodbye to me with a smile from ear to ear. Mr.
Cabugtu then, walked in a hurry to get off the hotel after passing by my station.

6. After an hour after Mr. Cabugtu left the premises, there were policemen who came and
asked me where room 143 is located. I then lead them the way.

IN WITNESSWHEREOF, I hereunto affix my signature this 15th day of August 2011 at Manila
Regional Trial Court, City of Manila, Philippines.

Ms. Alam Kototoo

Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of August 2011 in the City of
Manila. I hereby certify that I have personally examined the affiant and I am satisfied that he
fully understood and voluntarily executed his affidavit.

I HEREBY CERTIFY that I have personally examined the herein affiant's statement and I
am satisfied that she voluntarily executed and understood her given affidavit.

Alegna Keshandra Alcazar

Public Prosecutor
 ANNEX “5”

The Compact-Disc (CD) attached hereto came from the CCTV of the Executive Plaza Hotel
when Mr. Cabugtu and Mr. Williams went to the above mention hotel on August 2, 2011 at
dawn. This video shows that Mr. Cabugtu was flirting and touching seductively Mr. Corporal
Charles Williams while the latter remained passive yet, gentleman.
 ANNEX “6”

People of the Philippines and,

FRANCISCO E. CABUGTU aka “Francheska Cabugtu”
Complainant,
Xxx – versus – xxX
I.S. No. 001
For: Rape
US ARMY CORPORAL CHARLES WILLIAMS
Respondent.
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AFFIDAVIT OF WITNESS