REPUBLIC OF THE PHILIPPINES

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

MARIA LUISA VIRGINIA,

Complainant, I.S. No. ______________
For: Rape

-versus-

JUDY V. AMARELA,
Respondent.

X--------------------------x

COMPLAINT-AFFIDAVIT

I, MARIA LUISA VIRGINIA (Ms. Virginia), Filipino, of legal age,

single and with address at Block 11, Lot 11, Calinan, Davao City, Philippines,
after being sworn to in accordance with law, hereby state:

1. That I hereby charge JUDY V. AMARELA (Mr. Amarela) of the crime

of Rape under Article 266-A of the Revised Penal Code (RPC),
specifically:

Art. 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;

xxx xxx xxx

2. Subpoena and other process of this Honorable Office may be served to

Mr. at his last known address at Block 11, Lot 20, Bombastik Homes,
Calinan, Davao City, Philippines.

3. Ultimate Facts

3.1 That I was working as a helper in my Aunt Vicky’s eatery. I was

tasked to purchase in the public market the necessary ingredients for the
 dishes my aunt will serve at the eatery. I purchased pork cutlets from Toli
Mariano’s stall where Mr. Amarela works as a butcher. Mr. Amarela
greeted me and asked for my name but I ignored him.

3.2 That Mr. Amarela continued to greet me every time our paths
crossed during my runs to the market. Until one day, he confessed his
feelings for me and signified his intent to court me. But I told him not to
do so as I was not interested in him. Mr. Amarela continued pursue me
despite my rejection of all of his advances.

3.3 That on August 10, 2019, at around 6:00 o’clock in the evening, my
aunt and I were watching a beauty contest held at a basketball court where
a makeshift stage was built coupled with stage lights.

3.4 That I had the urge to urinate so I went to the comfort room beside
the building of the Maligatong Cooperative near the basketball court. As
I was approaching the comfort room, Mr. Amarela stopped me and asked
if we could talk privately. I told him to stop courting me and to stay away
from me. Mr. Amarela gripped my left arm tightly and dragged me towards
the daycare center. I tried to free myself from his grip but Mr. Amarela
punched me in the abdomen, leaving me weak.

3.5 That upon reaching the back of the daycare center, Mr. Amarela
shoved me to the ground and started undressing me. I tried to resist again
but Mr. Amarela boxed my legs. I shouted for help but my cries were
muted by the loud music from the basketball court. Mr. Amarela removed
his shorts then proceeded to remove my pants and underwear. Mr.
Amarela proceeded to insert his penis in my vagina and made an in and
out motion.

3.6 That upon hearing a woman’s voice shouting “Hoy, ano yan!”, Mr.
Amarela panicked and fled. The woman turned out to be my Aunty Vicky,
who then took me to the police station where the police took my sworn
statement. A true and faithful machine reproduction of the said sworn
statement is hereto attached as Annex “A”. After the police took my
sworn statement, I was examined by the medico-legal in Davao Doctor’s
Hospital. A true and faithful machine reproduction of the Medico-Legal
Report is hereto attached as Annex “B”.

3.7 That eventually, Mr. Amarela was arrested.

4. That I was advised by my legal counsel the elements of rape under Art.
266-A par. 1 of the RPC are:
1. That the offender is a man;
2. That the offender had carnal knowledge of a woman;
 3. That such act is accomplished under any of the following
circumstances:
(a) By using force or intimidation;
xxxx

5. The aforementioned elements for rape under Art. 266-A par. 1 of the RPC
have been sufficiently established. It cannot be denied that Mr. Amarela
is a man, who had carnal knowledge of me, a woman, which he
accomplished by use of force by boxing me and forcing himself unto me
despite my incessant refusal.

6. I am therefore executing this Complaint-Affidavit to attest to the truth of

the foregoing facts and purpose of filing a criminal complaint for rape
under Art. 266-A par. 1 of the RPC.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of

August 2019 at Davao City, Philippines.

MARIA LUISA VIRGINIA

Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 16th day of August

2019 at Davao City, Philippines. 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-Affidavit.

ATTY. BYRON FRANCIS YAO

Administering Prosecutor