Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
ILOILO CITY

Clara D. Sisa
Complainant
vs. I.S. No. 01-2345
For: Rape
Basilio C. Damaso
Respondent.

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COMPLAINT-AFFIDAVIT

I, CLARA D. SISA, Filipino, of legal age, and with residence at Block

9, Lot 9, Aquarius St. VML Subdivision, North Fundidor, Molo, Iloilo City,

after having been duly sworn in accordance with law, hereby depose and

state that:

(1) This complaint-affidavit is being filed to charge Basilio C. Damaso,

Filipino, of legal age, and with residence at Block 9, Lot 9, Aquarius St.

VML Subdivision, North Fundidor, Molo, Iloilo City, of the crime of Rape

under Article (Art.) 266 of the Revised Penal Code (RPC) and committed

as follows:

(a) That in the morning of January 13, 2015 at around 7:30, I was left

alone in the house because my mother and father has to report to

their offices while my younger brother has to attend to his class as

an elementary pupil. I am a 4th year college student then, but I was

not able to attend class because I was sick the night before. After

bidding goodbye to them, I get back to my bed and sleep.

1
(b) I was awaken by the sound of the alarm in my phone telling me that

it was already 11:00 in the morning. I woke up feeling well and

decided to take a bath. I was about to close the bathroom door when

Tata Anghelo appeared in front of me, holding a lagaraw and told me

“Pagsyagit dyud kay tigbason tika”.

(c) I was begging him not to do what he plans to do. It was then that he

entered the bathroom and told me that, “Dili dyud ta magkaproblema

og dali ra dyud ni kung di kamusukol, talikod!”.

(d) I was so afraid that he will hit me with me with the lagaraw and so I

followed his orders and was silently crying. With my back on him, he

placed the said weapon on top of the counter and was about to

cuffed me with a wire (alambre) when I turn back to him and kick his

penis and punched him in the face. He then lost his balance and hit

his head in the mirror.

(e) When I was on my way out, he pulled my hair with so much force

that I hit the floor. He kicked me in the stomach several times and

stopped when I already vomited blood.

(f) He again gets the weapon and cut me in my left thigh. I cried in pain

but he hit me in the face and told me to shut up.

(g) Consequently, he took his pants and underpants off and seated on

the toilet with the weapon in his hands.

(h) Thereafter, he told me to take off my pajamas and underwear. He

ordered me to bend down with head low and buttocks up, my hands

on the mouth of the toilet.

(i) He inserted his penis fiercely inside my vagina and thrust hastily

while still holding the weapon.

2
 (j) He was not satisfied with it that he laid down the weapon and

inserted his penis this time in my butt. I was in deep pain that I have

tried to stand up and he then pulled my hair and hit my head in the

toilet twice and I do not know what happen next. I just woke up in the

hospital and my body is so painful.

(2) My mother was in tears and told me that when they arrived home, they

found me lying unconscious, naked and was soaked in blood in the

bathroom.

(3) Appalled by what happened, my mother accompanied me to the hospital

and my father went to the police station to report the crime against my

person.

(4) After 3 months and when I was able to gain my strength, not completely,

but was able to sit, the police took my sworn statement, a copy of which

is hereto attached and made an integral part hereof as Annex “A”. A

copy of the Medico-Legal Report is likewise hereto attached and made

an integral part hereof as Annex “B”.

(5) The elements of rape as provided in paragraph 1 of the Article 266-A of

the Revised Penal Code of the Philippines are carnal knowledge, force

or intimidation, and the commission of the act without the consent or

against the will of the woman, or when the latter is under twelve (12)

years of age or when she is deprived of reason or otherwise

unconscious.

(6) Added to that, paragraph 2 of Article 266 provides the elements of rape

by sexual assault wherein it is committed by any person who, under any

of the circumstances mentioned in the superseding paragraph, shall

commit an act of sexual assault by inserting his penis into another

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 person’s mouth or anal orifice, or any instrument or object, into the

genital or anal orifice of another person.

(7) Based on the foregoing, it is beyond cavil that respondent Anghelo Noel

Caluag Dimakaya committed the crime of rape punishable under Art.

266 of the RPC.

(8) Furthermore, whenever the crime of rape is committed with the use of a

deadly weapon or by two or more persons, the penalty shall be reclusion

perpetua to death.

(9) I am executing this affidavit to attest to the truth of the foregoing facts

and for charging herein respondent Anghel Noel C. Dimakaya of rape

as punishable under Article 266 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 9th day of

January, 2020 in Iloilo City.

CLARA D. SISA
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 9th day of January,

2020 in Iloilo City. 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.

Chary T. Ricafort
Public Prosecutor

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 ANNEX “A”
REPUBLIC OF THE PHILIPPINES)
CITY OF ILOILO ) S.S.

SINUMPAANG SALAYSAY

I, MARIA LUISITA BILOG VIRGINIA, Filipino, of legal age, and with

residence at Block 11,Lot 11, Bombastik Homes, Kidapawan City, after
having been duly sworn in accordance with law, hereby depose and state
that:

1) That in the morning of January 13, 2015 at around 7:30, I was left
alone in the house because my mother and father has to report to
their offices while my younger brother has to attend to his class as
an elementary pupil. I am a 4th year college student then, but I was
not able to attend class because I was sick the night before. After
bidding goodbye to them, I get back to my bed and sleep.

2) I was awaken by the sound of the alarm in my phone telling me that

it was already 11:00 in the morning. I woke up feeling well and
decided to take a bath. I was about to close the bathroom door when
Tata Anghelo appeared in front of me, holding a lagaraw and told me
“Pagsyagit dyud kay tigbason tika”.

3) I was begging him not to do what he plans to do. It was then that he
entered the bathroom and told me that, “Dili dyud ta magkaproblema
og dali ra dyud ni kung di kamusukol, talikod!”.

4) I was so afraid that he will hit me with me with the lagaraw and so I
followed his orders and was silently crying. With my back on him, he
placed the said weapon on top of the counter and was about to
cuffed me with a wire (alambre) when I turn back to him and kick his
penis and punched him in the face. He then lost his balance and hit
his head in the mirror.

5) When I was on my way out, he pulled my hair with so much force

that I hit the floor. He kicked me in the stomach several times and
stopped when I already vomited blood.

6) He again gets the weapon and cut me in my left thigh. I cried in pain
but he hit me in the face and told me to shut up.

7) Consequently, he took his pants and underpants off and seated on

the toilet with the weapon in his hands.

8) Thereafter, he told me to take off my pajamas and underwear. He

ordered me to bend down with head low and buttocks up, my hands
on the mouth of the toilet.

9) He inserted his penis fiercely inside my vagina and thrust hastily

while still holding the weapon.
5
 10) He was not satisfied with it that he laid down the weapon and
inserted his penis this time in my butt. I was in deep pain that I have
tried to stand up and he then pulled my hair and hit my head in the
toilet twice and I do not know what happen next. I just woke up in the
hospital and my body is so painful.

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

of April 2015, in Kidapawan City.

MARIA LUISITA BILOG VIRGINIA

Affiant

SUBSCRIBED AND SWORN to before me this 5th day of April 2015

at Philippine National Police Station 123, Kidapawan City. I further certify
that I have personally examined the Affiant and I am satisfied that he/she
voluntarily executed and understood his/her statement.

JAY BARBIE OLONGAPO

Administering Officer

Doc. No. _____;

Page No. ____;
Book No. ____;
Series of 2015.

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 ANNEX “B”
KIDAPAWAN DOCTORS HOSPITAL
Medical Record Division
Calachuchi St.,
Poblacion, Kidapawan City

MEDICO LEGAL CERTIFICATE

April 6, 2015

TO WHOM IT MAY CONCERN:

This is to certify that Ms. Maria Luisita B. Virginia, 20 years old, with
residence at Block 11, Lot 11, Bombastik Homes, Kidapawan City, was
examined and treated in this hospital on April 5, 2014 with the following
findings:

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

- in a non-virgin state physically

Issued this 6th day of April 2015, for whatever purpose it may serve.

This certificate is issued by authority of the Director:

Venus V. Jacolina, M.D.