REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BATANGAS

FOURTH JUDICIAL REGION
Branch 1/FC
Batangas City

AAA
Complainant
vs. Criminal Case No. 20-26136

-for-

Violation of Article III, Section 5

(b) of Republic Act No. 7610
Jesse Raz
Respondent.

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COMPLAINT-AFFIDAVIT

I, AAA, Filipino, a minor, and with residence at Sitio Biliran, Barangay

Aya, Municipality of San Jose, Batangas, after having been duly sworn in

accordance with law, hereby depose and state that:

(1)This complaint-affidavit is being filed to charge Jesse Razon, Filipino, of

legal age, and with residence at Sitio Biliran, Barangay Aya, Municipality

of San Jose, Batangas, of the crime of Rape under Article III, Section 5

(b) of Republic Act No. 7610, committed as follows:

(a) On March of 2018, at around 9:00 in the morning, I was left alone in

the house because my mother, step-father and sister had to go to

work. I am a high school student, 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.

(b) I was lying in my bed when I was awaken by the shout of the

Respondent, who came back to look for his tool.

(c) To make my presence known, I answered the Respondent when he

asks if someone was home.

(d) The Respondent suddenly enters my room, and bid his goodbye.

(e)Thinking that the Respondent already left my room, I stand up only to

see him, standing at the doorway.

(f) While I was standing on the edge my bed with my legs apart and

Respondent’s arms tightly around my waist, Respondent started

kissing me and fondling my breast underneath my shirt. He furthered

his actions by leading his right hand to caress my lower abdomen

and placed his finger on my genitals. Respondent drew his short

pants down to his knees, and after lowering my underpants, he

inserted his penis into my vagina.

 (g) After satisfying his carnal desires, the Respondent instructed me to

get dress, he said that I should not tell to anyone what happened

cause this might cause a lot of trouble. Out of love and respect for

the Respondent, I followed his order.

(h) Thereafter, he gave me a kiss on the forehead and then he

proceeds to leave my room.

(2) It took me an hour before I was able to overcome my fear and told my

sister, Shan, what happened to me.

(3) Appalled by what happened, my sister and I went to the police station to

report the crime committed by the Respondent against me. The police

took my sworn statement, a copy of which is hereto attached and made

an integral part hereof as Annex “A”. Thereafter, I was examined by their

medico-legal officer. A copy of the Medico-Legal Report is likewise

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

(4) The elements of rape under Section 5(b) of R.A. No. 7610 are: (1) the

accused commits the act of sexual intercourse or lascivious conduct; (2)

the act is performed with a child exploited in prostitution or subjected to

other sexual abuse; and (3) the child, whether male or female, is below

18 years of age.
(5) In the case of Braga vs People of the Philippines, the Court ruled that

Section 5 of RA 7610 deals with a situation where the acts of

lasciviousness are committed on a child already either exploited in

prostitution or subjected to "other sexual abuse." Clearly, the acts of

lasciviousness committed on the child are separate and distinct from the

other circumstance that the child is either exploited in prostitution or

subjected to "other sexual abuse."

(6) Based on the foregoing, it is beyond cavil that Respondent committed

the crime of rape punishable under Article III, Section 5 (b) of Republic

Act No. 7610. He had sexual intercourse with me even if I was just

fifteen years old.

(7) Further, whenever the crime of rape is committed by means of

inducement, enticement and persuasion, and taking advantage of my

minority, the penalty shall be reclusion perpetua to death.

AFFIANT FURTHER SAYETH NAUGHT.

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

of March 2018, in Batangas City.

AAA
Complainant/Affiant
 SUBSCRIBED AND SWORN TO before me, this 17 th day of March,

2018 in Batangas 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.

LAILA PEREZ

Public Prosecutor