REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
PASAY CITY

JESSICA JOTA,
Complainant,

IV-11-INV-17A-00049-56 to 57
-versus – For: Violations of Article 336 of
the Revised Penal Code (Acts of
Lasciviousness)

RAYMOND ERFE,
Respondent.

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COMPLAINT AFFIDAVIT

I, JESSICA MACA JOTA, 29 years old, Filipino, single and with residential
address at Blk 9 Lot 56 Brgy. Ramon Cruz Sr., General Mariano Alvarez, Cavite
after having been duly sworn to in accordance with law, hereby depose and state:

1. I am the private complainant in the present case. I am the Municipal Accountant

of Local Government Unit of General Mariano Alvarez, Cavite

2. Respondent Raymond Erfe is a Filipino, of legal age, Municipal Assistant

Department Head of LGU- GMA and may be served notices and other court
processes in his residential address at Alta Tierra, General Mariano Alvarez,
Cavite.

3. On 24th, at about 3:30 in the morning, as I was to sleep with the respondent and
officemates namely John Derrick Ordonez and Councilor Nathaniel Nuarin.
Respondent hugged me and put his hands on my tummy and beside my left breast.
I resisted by pushing his hand downwards. I turned side to sleep and he hugged me
more and I felt the hardness of his penis on my buttocks

A copy of my message to the officemate indicating the respondent was doing

something to me is attached herewith and made an integral part hereof as Annex
“B”.
4. When it appears that he realized that I was awake already, he stopped kissing my
vagina. He then laid down next to me. I then knew that he was not asleep

5. I immediately went up after what happened. I rushed to the bathroom and told
my other office mate what the respondent did to me via facebook messenger. He
just ignored it by saying “Ay ganda hahaha”.

6. A copy of the Sinumpaang Salaysay of my grandmother Gloria Alcido is

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

8. I went to Pasay Police Station to report the incident of abuse and had it blottered.

A copy of the Blotter Report is attached herewith and made an integral part hereof
as Annex “C”.

In view of the foregoing, there is sufficient evidence to support that there is

probable cause to hold respondent liable for Violation of Article 366 of the
Revised Penal Code (Acts of Lasciviousness).

12. According to Revised Penal Code, the elements of Acts of Lasciviousness are
as follows:

(1) that the offender commits any act of lasciviousness or lewdness; (2) that it is
done (a) by using force or intimidation or (b) when the offended party is under 12
years of age;

and (3) that the offended party is another person of either sex.

13. In the present situation, all the elements necessary to constitute Acts of
Lasciviousness are present in this case. The act of kissing the vagina of a minor is
clearly a lascivious acts done with lewd design. Force and intimidation were also
present when Respondent Dela Cuesta did his act on 06 October 2017. Also, the
fact of my minority is clearly established by my birth certificate. Finally, the third
element is present for obvious reasons.

14. I am executing this affidavit to attest to the truth of the foregoing statements
against RAYMOND ERFE for Violations for Article 336 of the Revised Penal
Code (Acts of Lasciviousness).
FURTHER AFFIANT SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunder set my hand this

12th day October 2017 at Quezon City.

FRANCES GRACE ALCIDO

Affiant

SUBSCRIBED AND SWORN to before me this 12th day of October 2017 at

Quezon City.

ASSISTANT CITY PROSECUTOR

CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE

AFFIANT AND THAT I AM SATISFIED THAT SHE VOLUNTARILY
EXECUTED AND UNDERSTOOD THE CONTENTS OF HER AFFIDAVIT.

ASSISTANT CITY PROSECUTOR