REPUBLIC OF THE PHILIPPINES

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Makati City

JOYCE ESPIRITU

Complainant,
I.S. No. ____________
-versus-
For: Rape through Sexual Assault

ERIKA VISITACION

Respondent.

x------------------------------x

COMPLAINT AFFIDAVIT

I, JOYCE ESPIRITU, Filipino, of legal age, and with residence at Unit

808 Ayala Tower Condominium, Ayala Avenue, Makati City, after having
been duly sworn in accordance with law, hereby depose and state that:

1. This complaint-affidavit is being filed to charge Erika Visitacion, and

with residence at Unit 964, The Gramercy Residences, Makati Avenue,
Makati City, of the crime of Rape through Sexual Assault under Article
266 par. 2 of the Revised Penal Code and committed as follows:

a. That on June 01, 2019 at around 2:00 p.m, I went to Erika’s place
to finish our paper for Legal Forms to be submitted the next day.
b. We finished at around 6:00pm, and as soon as thereafter, she
invited me to have a drinking session to celebrate because we
were able to submit it on time and we are sure that we will have
a high grade from our paper.
c. While drinking, I felt dizzy and decided to take a nap. However, I
was awaken because I felt an extreme pain and saw her inserting
something in my private part, which I discovered was a ballpen.
She told me not to shout or else, she will kill me.
d. I kicked her at her stomach and run away from her place.

2. Since I was in so much pain, I went to the hospital and a friend

accompanied me.

3. While I was in the hospital, my friend went to the police station to report
the incident. A copy of the Sinumpaang salasay is hereby attached as
Annex “A”.
4. A copy of the Medico Legal Report is hereto attached as Annex “B”.

5. As provided in Article 266 – A, paragraph 2 of the Revised Penal Code

of the Philippines, the element of Rape through Sexual Assault are 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.

"2) By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or
anal orifice, or any instrument or object, into the genital or
anal orifice of another person.

6. Based on the foregoing, it is beyond cavil that respondent Erika

Visitacion committed the crime of Rape through Sexual Assault under
Article 266 par.2 of the Revised Penal Code of the Philippines.

7. In this affidavit, I hereby attest as to the truth of the foregoing facts and
for charging herein respondent Erika Visitacion of rape through sexual
asault under Article 266 par.2 of the Revised Penal Code of the
Philippines and of Republic Act No.8363, the Anti-Rape Law of 1997.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th

day of June 2019 in Makati City.

JOYCE ESPIRITU
Complainant/Affiant
SUBSCRIBED AND SWORN to before me this 7th day of June 2019, in the
City of Makati.

JUANA ROCK
Public Prosecutor

I hereby certify that I have examined the Affiant and that I am fully satisfied
that she has voluntarily executed and understood the contents of her
complaint affiadavit.

JUANA ROCK
Public Prosecutor
 ANNEX “A”
REPUBLIC OF THE PHILIPPINES}
CITY OF MAKATI } S.S.

SINUMPAANG SALAYSAY

I, JOYCE ESPIRITU, Filipino, of legal age, and with residence at Unit 808
Ayala Tower Condominium, Ayala Avenue, Makati City, after having been
duly sworn in accordance with law, hereby depose and state that:

a. That on June 01, 2019 at around 2:00 p.m, I went to Erika’s place
to finish our paper for Legal Forms to be submitted the next day.
b. We finished at around 6:00pm, and as soon as thereafter, she
invited me to have a drinking session to celebrate because we
were able to submit it on time and we are sure that we will have
a high grade from our paper.
c. While drinking, I felt dizzy and decided to take a nap. However, I
was awaken because I felt an extreme pain and saw her inserting
something in my private part, which I discovered was a ballpen.
She told me not to shout or else, she will kill me.
d. I kicked her at her stomach and run away from her place.
e. Since I was in so much pain, I went to the hospital and a friend
accompanied me.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of

June 2019 in Makati City.

JOYCE ESPIRITU
Affiant

SUBSCRIBED AND SWORN to before me this 5th day of June 2019, in the
City of Makati, I hereby certify that I have personally examined the Affiant
and that I am fully satisfied that she has voluntarily executed and understood
the contents of her complaint affiadavit.

JUAN D. ABOGADO
Administering Officer

Doc. No. 123;

Page No. 12;
Book No.1;
Series of 2019
 ANNEX “B”

MAKATI MEDICAL CENTER

Ayala Ave.,
Makati City

MEDICO LEGAL CERTIFICATE

June 05, 2019

TO WHOM IT MAY CONCERN:

This is to certify that Ms. JOYCE ESPIRITU, 29 years old, with residence at
Unit 808 Ayala Tower Condominium, Ayala Avenue, Makati City was
examined and treated in thishospital on June 02, 2019 with the following
findings:

1. shallow healed lacerations at 3 and 8 o’clock positions

Issued this 5th day of June 2019, for whatever purpose it may serve.This
certificate is issued by authority of the Director:

Dr. JUANA B. DOCTORA, M.D

 REPUBLIC OF THE PHILIPPINES
Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Makati City

JOYCE ESPIRITU

Complainant,
N.P.S. Docket No.: 11587512
-versus-
For: Rape through Sexual Assault

ERICA VISITACION

Respondent.

x------------------------------x

SUBPOENA

TO: MS. ERICA VISITACION

Room 123, The Gramercy Residences, Makati Avenue,
Makati City

G R E E T I N G S:

Under and by virtue of the authority vested in me by law, you are

hereby directed to submit your counter-affidavit and other supporting
documents or affidavits of your witness/es if any, to be sworn to before me
on June 14, 2019 at 8:30 in the morning at the Office of the City Prosecutor,
16th floor, Makati City Hall, JP Rizal, Makati City. Attached is a copy of the
complaint and other evidence submitted by the complainant.

You are hereby WARNED that failure on your part to comply with the
subpoena shall be considered as a waiver of your right to present your
defense and the case shall be considered submitted for resolution based on
the evidence on record.

WITNESS MY HAND THIS 10th day of June 2019 at Makati City,

Philippines.

JUANA CHANGE
Prosecutor II

- ------- ---- ----- --- ------ ---- ---- ---- ---------

CERTIFICATE OF SERVICE
This is to certify that this ____day of _______ 2019, I have served a
copy of the SUBPOENA upon the person/s to whom it is addressed in
accordance with law, and acknowledged receipt of proper service as
evidence by his/her/their signature/s made hereof by _______ in my
presence or mailed it under Registered Mail No.____, dated
___________.

PROCESS SERVER/ WARRANT OFFICER

 REPUBLIC OF THE PHILIPPINES
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati City

JOYCE ESPIRITU

Complainant,
I.S. No.11587512
-versus-
For: Rape through Sexual Assault

ERIKA VISITACION

Respondent.

x------------------------------x

RESOLUTION

This resolves the complaint for Rape through Sexual Assault

under Article 266-A paragraph 2 of the Revised Penal Code
committed against complainant JOYCE ESPIRITU, by respondent.

Complainant JOYCE ESPIRITU claimed that on June 01, 2019,

at around 2:00 pm, she went to respondent’s place to complete the
paper work for their Legal Forms class. They finished the task soon at
around 6:00 pm, and as soon as thereafter, she invited her to have a
drinking session to celebrate because they able to submit it on time
and that because they are sure that they will have a high grade from
the said paper. While the complainant was drinking, she felt dizzy and
decided to take a nap. However, she was awaken because she felt an
extreme pain and saw the respondent inserting something in her
private part which the complainant discovered was a ballpen. The
complainant kicked her in her stomach and run away from the place
of the respondent.

The complainant submitted the Medico Legal Report No.123

issued by the Makati Medical Center which found that there was
indeed lacerations in her private part.

The counter – affidavit of the respondent denies all the

allegations in the complaint and alleged that she did not do such
horrible act because she was in a different place at that time.
 After Judicious evaluation of all the evidence adduced by the
parties we find that there is probable cause to charge the respondent
for Rape through Sexual Assault of complainant which happened on
June 01, 2019 under paragraph 2 of Art. 266-A, of the Revised Penal
Code of the Philippines.

As provided in the Revised Penal Code, Art. 266 – A, provides:

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.

"2) By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or
anal orifice, or any instrument or object, into the genital or
anal orifice of another person.

It is very clear from the evidence provided that respondent

indeed committed Rape through Sexual Assault against the
complainant. It was stated in the complaint - affidavit that there was
something that was inserted in her private part by the respondent
which found to be a sex toy. Based on the amendments of the law, it
is clear that rape through sexual assault can now be committed by
any person and there was no qualifications as to gender. Moreover,
the amendments also provides that Rape through Sexual Assault can
now be committed by making an insertion of any instrument or object
to the genital of the victim.

Lastly, other defenses raised by respondent are evidentiary in nature and

are better left for the court to decide in a full blown trial.

WHEREFORE, we resolve that there is sufficient probable cause to charge

the respondent for Rape through Sexual Assault under Article 266-A,
paragraph 2 of the Revised Penal Code, against the complainant.
 City of Makati, July 02, 2019

JUANA CRY
Assitant City Prosecutor

APPROVED BY:

JUAN D. MAASAHAN
City Prosecutor

Copy furnished:

JOYCE ESPIRITU
Unit 808 Ayala Tower Condominium,
Ayala Avenue, Makati City

ERIKA VISITACION
Unit 964, The Gramercy Residences,
Makati Avenue, Makati City
 REPUBLIC OF THE PHILIPPINES
Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Taguig City

GARY VALERA

Complainant,
I.S. No. 11587512
-versus-
For: Rape through Sexual Assault

JOYCE ESPIRITU

Respondent.

x------------------------------x

COUNTER-AFFIDAVIT

I, Joyce Espiritu, of legal age and residing at No. 27 Z Street, Manila,

after being sworn in accordance with law hereby depose and state that:

1. I am the respondent in the above-captioned Criminal Complaint;

2. Complainant is my classmate in Legal Forms class in De La Salle

University – College of Law; with such I admit the allegations in
paragraph 5 of the complaint affidavit, that we are classmates.

3. I deny the allegations in Paragraph 1, 2 and 3 for lack of knowledge

as to the truth of the said allegations, the truth being that I never
invited him to my place nor celebrated my birthday in my condo. Te
accusations of the complainant were very impossible to take place
due to the fact that I was in Taipei, Taiwan from June 18, 2019 to
June 23, 2019 with my family to celebrate my birthday and for a
vacation. A copy of my passport with the stamp of entry in Taiwan is
hereby attached as ANNEX “1”.

4. The facts in the complaint affidavit that he made against me were all
fabricated stories because he wanted to have a revenge against me
because I did not lend him the money.

5. At the onset, respondent vehemently and categorically deny all the

accusations of the Complainant, whose allegations are completely
 baseless and are mere concotions of a fertile imagination obviously
designed to coerce respondent and extort money from the latter.

6. Other than herein Complainant’s malicious and self-serving claims

of an alleged criminal acts of the respondent, no sufficient evidence
was submitted to support that would constitute probable cause to
engender a well-founded belief that a crime has been committed and
that herein respondent is probably guilty thereof;

7. All told, I executing the foregoing Counter-Affidavit for the purpose of

attesting to the truth of the same and for all legal intents and purpose.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th

day of June 2019 at Taguig City.

JOYCE ESPIRITU
Affiant

SUBSCRIBED AND SWORN to before me this 27th day of June 2019, in

the City of Taguig, I hereby certify that I have personally examined the Affiant
and that I am fully satisfied that she has voluntarily executed and understood
the contents of her counter affiadavit.

JUANA ROCK
Assistant City Prosecutor
Doc. No. 123;
Page No. 12;
Book No.1;
Series of 2019