REPUBLIC OF THE PHILIPPINES)

CITY OF SANTIAGO ……………..)S.S.

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COMPLAINT-AFFIDAVIT

I, JENNYGAY S. MADRID, Filipino, of legal age, single, and with

residence at 87 City Camp, Santiago City, after having been duly sworn in
accordance with law, herby depose and state that:

1. This complaint-affidavit is being filed to charge Petere Moran, Filipino

of legal age, and with residence at 87 Kisad Rd., Santiago City of the
crime of Rape under Article 266 of the Revised Penal Code, committed
as follows:
a. On 1 February 1994, at around 10:00 in the morning, I was barely
5 years of age and playing outside my house when Tyrone Utulo
came by and invited me to play computer games with him at the
house of Peter Moran.
b. On the way to their house, we passed by anarrow path where
Moran suddenly pushed me and Tyrone Utulo inside a small,
low building, which turned out to be the Moran’s comfort room;
c. Moran then barred the door, whipped out a fan knife and poked
it against us and told us “Huwag kayo mag-iingay, kung hindi
papatayin ko kayo!”
d. Moran then asked me to step on the rim of the toilet bowl facing
him and for Utulo to hold me from behind. Our of fear for my
life, I folled his orders.
e. While was standing on the toilet bowl with my legs apart and
Utulo’s arms tightly around my waist, Moran draw his short
pants down to his knees, and after lowering my underpants, he
inserted his penis to my vagina.
f. After satisfying his carnal desires, Moran once again pointed the
knife at Utulo and told him “Gayahin mo ako! Ipasok mo ang ari
mo sa ari nya!”
g. Utulo pretended to insert his penis to my vagina while Moran
was masturbating;
h. Thereafter, he reiterated his threats to kills is. He gave me five-
peso coin and told me to buy candies with it, however I threw it
away.

2. It took me several months before I was able to overcome my fear and

told my mother, Myrna S. Madrid, what happened to me;

3. Appalled by what happened, my mother and I went to the police

station to report the crime committed by Moran against my person. The
 police took my sworn statement; a copy of which is hereto attached as
“Annex A”. Thereafter I was examined by their medico legal officer. A
copy of the Medico- Legal is likewise hereto attached and made an
integral part hereof as “Annex B”;

4. Exactly one week ago, February 7 2013, however, I was surprised to see
Mercado walking along our street, as I thought that the police filed a
formal complaint with the fiscal on my behalf to their failure to do so,
and as I am already presently of legal age, I am personally filing this
formal complaint;

5. The elements of rape are carnal knowledge, force or intimidation, and

the commission of the act witrhout the consent or against the will of the
woman , or when the later is under twelve (12) years of age or when she
is deprived of reason or otherwise unconscious.

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

committed the crime of rape punishable under Article 266 of the
Revised Penal Code. He had sexual intercourse with me even if I was
just five years old. This constitutes statutory rape defined under our
laws.

7. Further. Whenever the crime of rape committed with the use of a

deadly weapon or by two or more persons , the penalty shall be
reclusion perpetua to death.

IN WITNESS WHEREOF, I have affixed my signature this 14 th day of

February 2013 in Santiago City, Philippines.

JENNYGAY S. MADRID
Affiant

SUBSCRIBED AND SWORN to before me in the City of Santiago this 14 th

day of February 2013. I hereby certify that I have personally examined the above
named affiant and that I am the foregoing statements were given by her
voluntarily and of her own free will.

_______________________
Investigating Prosecutor