REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF LAGUNA

MARIA SALDAGA y INOCENTES,

Complainant,

-versus-

ROSENDO DE CASTRO y INVENTO,

Respondent.

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COMPLAINT - AFFIDAVIT
I, MARIA SALDAGA y INOCENTES, minor, Filipino, single, and with residential
address at Brgy. Tahimik, Magdalena, Laguna, after having sworn in accordance with
law, depose and say that:

1. I live a simple life with my mother, Feliza Saldaga, in our small hut. My mother is
the sole breadwinner of the family after my father, Ramoncito Cruz Saldaga,
passed away. She works in a copra plantation owned by my aunt and uncle. Her
income is used to support our daily needs and to repay the debt of my deceased
father worth Php 150,000 to my aunt and uncle, the Respondent Rosendo de
Castro1 and his wife, Magdalena Saldaga de Castro, my mother’s full-blood
sister.

2. Since my mother goes to work everyday, I am mostly at home to take care of our
hut. I barely interact with people, especially that there are less residents in our
vicinity since our home is beside a creek. With this, I really do not have any
friends who I go out with or talk to. I also never experienced being in a romantic
relationship nor having sexual relations or intercourse with a man or woman.

3. On 12 April 1989 or two (2) days after I turned seventeen (17) years old, I was
brought by my mother to the house of my uncle and aunt to work as a maid and
to help my mother repay the debt left behind by my father.

4. During my first few weeks of working as a maid, I noticed that my uncle

frequently observed me. He would stare at me when I was doing chores such as
cleaning the floor, washing the clothes, preparing the food, and the like.
However, I did not take any malice in my uncle’s attention and glances towards
me because he is the husband of my aunt. I had always treated him as family
and had such high regard for him.

1 Henceforth, “Respondent”

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5. On one occasion, while I was sweeping and cleaning the floor, the Respondent
approached me and told me that, at my tender age of seventeen (17), I should
already be dressing better and wearing make-up. As he told me this, he was
within my personal space, caressing my neck, ear, back, chest and my clothes. I
moved away, but he approached me again and touched the back of my brassiere
strap, while asking me if I already had a boyfriend. At that point, I was very
uncomfortable and became suspicious of his intentions.

6. This came to the point when, on the fateful night of 15 June 1989 or about two
(2) months after I started working for Sps. de Castro, my uncle snuck into the
room where I was sleeping. I was awakened when I felt that someone was
touching my palms and my arms. When I realized that it was my uncle, I asked
him “Tiyong?” As he was still caressing me, he told me “Alam ko na mabait kang
bata ka, kaya naman gustong-gusto kita.”

7. I then noticed his carnal intentions, so I hurriedly tried to move away from the
bed. But as I was turning my back away from him, he forcefully held me still. He
told me “Mahal na mahal kita simula noong una palang kitang makilala.” I then
began to cry as he kept me within his arms.

8. He then shoved and dropped me into the bed, facing him. I continually pleaded
for him to stop while repeatedly saying “Huwag ho,” but he still held me by the
neck.

9. I started to cry louder so he grappled on to my body to prevent me from making

movements. He then pinned down my hands with his, overpowering me and
preventing any of my attempts to escape his desires.

10. He then sat on my stomach and threatened to slap me in order to stop my cries
of help and desperation. He then told me “Huwag kang maingay, sasampalin
kita!”

11. He then held on to my face as had his hands make their way to my neck and
then to my breasts. He then began to undress by removing his shirt. I still begged
for him to stop while murmuring “Tiyong, Tiyong!”

12. It was while he was still undressing that I was able to escape his grip. This
allowed me to slip to the left side of the bed and pace to the doorway. Angered
by my escape, the Respondent hurriedly chased me and pulled me from my
waist to bring me back to the bed.

13. For a moment, we struggled while standing; I tried to cry louder so he held me
tighter. While we were facing each other, he slapped me with his right hand on
the left side of my face, and I was disoriented. I fell back into the bed, and he
took no time to again pin me down to make his way with me.

14. I struggled and cried as he undressed my sando. He choked me to stop my

defenses. By then I was already weak and hurt, so I could not retaliate anymore.
He took off my brassiere and began to mash my breasts. I cried even harder, but
he choked me to stop me from making any noises.

15. While even more weak and disoriented, he took off both our trousers and
underwear. I tried to kick him away, but he held on to my legs as he made his
way back to me. He then tossed the clothes by the side of the bed.

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16. It was shortly after that when he attempted to mount me. He held onto his penis
as he was trying to insert it into my vagina. I was able to fend off his first try by
moving away, but he forced me back into position.

17. In genuine fear of the pain he would inflict upon my body again, I had no choice
but to stay still. Weak and defenseless, he was able to force his way with me. He
held onto my two hands, spreading them out, as he mounted himself onto me.
He inserted his penis into my vagina, and thrusted viciously in a back and forth
motion.

18. I continued to cry from the excruciating pain and that was when I felt that my
vagina began to bleed. He covered my mouth with his right hand to prevent me
from shouting.

19. Moments later, while still inside me, he started to slow down as he reached the
point of his completion. By then, my body was entirely numb. After having
finished his evil deed, he stood up from the bed and began to dress while leaving
me naked, crying, and partly paralyzed in the bed.

20. He then asked me not to tell anyone of what he did with me, since he said that he
was already supporting my family’s income and that our family’s debt would be
condoned if I complied.

21. I reached out to my clothes to wipe the blood, sweat and tears all around my
body. I only covered myself in shame. I continued to blankly sob while laying in
bed, feeling destroyed and violated. He finally left the room and I continued to cry
throughout the night until I passed out from the pain, fatigue and horror.

22. The following morning, I could not handle the fact that my first sexual encounter
was forced upon me by the Respondent. I was violated by a member of my own
family; my body was used like an object, and I felt disgust and abhorrence
towards myself. Thus, when I woke up, I quickly took whatever personal
possessions I could get, packed them in a bag, and tried to run away from the
Respondent’s house.

23. However, the Respondent saw me sneaking out; he grabbed me by my

shoulders, looked me straight in the eye, showcasing his authority over me, and
told me “Hindi ka pwedeng umalis.” Thereafter, he forced money inside my bag
despite my resistance, and said “May nangyari na satin eh, ano pa bang
mawawala sayo?” He also added that the debt of my father could be forgotten, if
I stayed. Feeling the rush of memories and disgust of being taken advantage of
the night before, I broke down and tried to fight my way out of the situation;
however, the Respondent caught me again, grabbed me from behind, and kissed
my neck and ear.

24. The Respondent’s wife then went down of their house, saw the commotion, and
asked why I was crying, to which the Respondent replied “Eto si Maria, gustong
umalis”; She asked me not to leave, reminding us of our state of being in extreme
poverty. Not knowing what to do, and being filled with emotions I could not
handle, I yielded to their insistence. I still wanted to leave, but being young and
not fully understanding the situation, I did not know what to do then.

25. During the nights thereafter, the Respondent would go inside my room, despite
having locked it each and every time, and violate my body as he pleased. I felt
powerless everytime he used me for his sexual satisfaction, and fearing what he
could do to me, I could do nothing but cry; he convinced me that this is my life
and there is nothing I could do about it, and that the money he was giving me is

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 enough to set aside the revulsion I felt. However, everytime he was done taking
advantage of me, I felt unbearable shame, and all I could do was cry until I felt
numb. This continued on indefinitely.

26. One night, while preparing the table for dinner, the Respondent approached me
and handed me a pink packet that resembled medicine. Puzzled, I looked at him,
to which he retorted: “Inumin mo to isang beses isang araw para hindi ka
mabuntis.” Being a virgin before the Respondent started using me for his sexual
advances, and being from the rural province, I had no idea what he meant;
eventually, I understood that he was asking me to take birth control pills so that
he could continue to sexually abuse me without getting me pregnant.

27. One afternoon, while cleaning the house, the Respondent became frisky and
started groping me. I finally found the strength to fight back again and firmly said
no; I asked the Respondent to stop, and upon voicing out my concern about his
wife, the Respondent overpowered me, resumed his advances, and said: “Bakit
ka maaawa dun? Eh ang tanda tanda na nun e. Nabuhay na ‘yun.” I resisted and
tried to distance myself from him; however, he followed me and continued to
force himself upon me, constantly holding me in inappropriate places, kissing my
neck and ears, and telling me to give in to his advances.

28. Eventually, out of desperation, he took out a wad of cash from his pocket and
told me “O eto, dinagdagan ko kaysa dun sa huli.” At this time, I was already
overwhelmed and decided I had enough. Using all my strength, I ran towards the
door while saying “Ayoko na, gusto ko nang umuwi!” The Respondent caught
me, and using his superior strength, displaced me while angrily shouting “Ano
bang pinagmamalaki mo? Nakuha na kita e!” I feared for my life. I tried to escape
and fell on the floor—the Respondent dragged me towards him, all the while
continuing to touch and kiss me, while I cried “Tiyong tama na, maawa kayo sa
akin. Tama na! Tama na!”

29. I struggled out and stood up, he did the same and went on to try his best to fulfill
his sexual desires. I was crying, shouting, and struggling when the door opened
unexpectedly—his wife walked in, saw everything, and started breaking down.
The Respondent threw me to the ground, and as my face was sprawled on the
bench to where I fell, I could hear her shouting “Mga walang hiya kayo! Mga
walang hiya! Ang sasama ninyo!” I turned around and saw the Respondent telling
her “Siya ang tumukso sa akin, maniwala ka!” She hurled towards me, hit me
multiple times, while saying “Niloko mo ko! Tinuring kitang tunay na anak!”
Grasping my hair, she dragged me across the floor crying, and upon seeing a
pair of scissors, aggressively cut my hair, while stating “Para magtanda ka!” She
went on to physically abuse me, and dragged me towards the door while
shouting “Lumayas ka na! Lumayas ka sa pamamahay ko! Huwag ka nang
babalik! Lumayas ka!”

30. I then finally left their house and told my mother all that had happened to me. We
then went to the police station to file a report.

A. Qualified Seduction

31. Given the circumstances mentioned above, I was advised by our counsel that
Qualified Seduction was committed by the respondent. According to Article 337
of the Revised Penal Code (RPC)2, the elements of Qualified Seduction are: (1)
the offended party is a virgin; (2) she must be over 12 and under 18 years
of age; (3) the offender has sexual intercourse with her; and (4) the
offender is a person in public authority, priest, house servant, domestic,
2 Art. 337, Revised Penal Code.

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 guardian, teacher, one entrusted with the education or custody of the
offended party, or a brother or ascendant of the latter. All the elements of
the crime are present in this case.

I. First Element:
I am a virgin.

32. The virginity of the offended party is an essential element in the crime of qualified
seduction. In the case of People v. Fontilla,3 the Supreme Court stated that the
presumption of a woman's virginity arises whenever it is shown that she [a
woman] is single, and continues until overthrown by proof to the contrary. This is
in accord with the presumption of innocence, which includes, also, that of
morality and decency and, as a consequence, of chastity. Indeed, virginity is
presumed if the girl is over twelve (12) and under eighteen (18) years of age, is
unmarried, and of good reputation.

33. From the facts, it is evident that this element is present in my case because I am
a single, innocent girl from the province and only seventeen (17) years old when
the said acts were committed by Rosendo. I had a chaste life prior to working
with Sps. De Castro as their maid. I was only living with my mother. I had no
sexual partners prior to the incident. I have always been known as a coy,
demure, quiet, and shy young lady who would just obediently follow her mother’s
orders. Clearly, the presumption applies to me. Therefore, the first element for
qualified seduction is present.

II. Second Element: I was only

seventeen (17) years old when
the act was committed.

34. To repeat, I was only seventeen (17) years old when the acts were committed by
the Respondent. Further, it is conclusively established that my Certificate of Live
Birth shows that I was born on 10 April 1972, which proves that during the time of
the incident on 15 June 1989, I was seventeen (17) years old. My Certificate of
Live Birth is attached herewith as Annex “A.”

35. Article 337 of the Revised Penal Code specifically provides for the age
requirement for the crime to be consummated, to wit: “the seduction of a virgin
over twelve (12) years and under eighteen (18) years of age….” However,
recently, Republic Act No. 116484 was enacted and amended Article 337,
providing “the seduction of a minor, 16 and over but under 18 years of age.…”

36. In this case, having established my birth, I was seventeen (17) years old, at the
time of the acts, and the age required for qualified seduction, as amended, is
over sixteen (16) years and under eighteen (18) years of age. Thus, the second
element is present.

III. Third Element: The offender,

Respondent Rosendo, had
repeated and forceful sexual
intercourse with me.
3 People v. Fontanilla, G.R. No. L-25354, 28 June 1968
4 AN ACT PROMOTING FOR STRONGER PROTECTION AGAINST RAPE AND SEXUAL
EXPLOITATION AND ABUSE, INCREASING THE AGE FOR DETERMINING THE COMMISSION OF
STATUTORY RAPE, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS "THE REVISED PENAL CODE," REPUBLIC ACT NO. 8353, ALSO KNOWN AS "THE ANTI-
RAPE LAW OF 1997," AND REPUBLIC ACT NO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE
"SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION
ACT".

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 37. My uncle, Rosendo started forcing me to have sexual intercourse with him a few
months after I started working for them. While I was sleeping, he approached me
and started caressing my arms. I woke up and asked him what he was doing. He
started touching me sexually which prompted me to try and escape. He then
shoved and dropped me into the bed, facing him. I continually pleaded for him to
stop, and I replied saying “Huwag ho,” but he still held me by the neck. In fear of
being beaten, I had no choice but to stay still while he was forcing his way with
me. He inserted his penis into my vagina and thrusted viciously in a back-and-
forth motion. I continued to cry from the excruciating pain and that was when I felt
that my vagina began to rupture and bleed. He covered my mouth with his right
hand to prevent me from shouting. After having finished the deed, he stood up
from the bed and began to dress while leaving me naked, crying and still unable
to move from the bed.

38. After leaving the house, I was medically examined by Doctor Ramon Layug, who
is an obstetrician and gynecologist. Based on the medical evaluations, he had
found that there were hymenal lacerations in 2, 3, 6, and 8 o’clock positions in
Maria’s vagina which are already old and healed. Furthermore, it was determined
through the same examination that, 3-4 fingers can be inserted inside my vaginal
opening effortlessly which could only be resulted by having several sexual
intercourses. The medical certificate is attached herewith as Annex “B.”

IV. Fourth Element: The Respondent

is a domestic who used his moral
ascendancy against me.

39. One of the elements in the qualified seduction is that the offender is a person in
public authority, priest, house servant, domestic, guardian, teacher, one
entrusted with the education or custody of the offended party, or a brother or
ascendant of the latter. As culled from the facts above, the element is present
because I was residing in the house of the Respondent as a maid in order to
repay the debt left by my father.

40. In the case of People v. Subingsubing, the accused was convicted of qualified
seduction. The Court defined qualified seduction as the act of having carnal
knowledge of a virgin over (twelve) 12 to (eighteen) 18 years old and is
committed by any person such as a “domestic.” Likewise, a domestic was
defined as persons usually living under the same roof pertaining to the same
house. The Court convicted the accused on the ground that the latter was the
uncle of the victim who was also living in the same house and that the accused
was able to had sexual intercourse with the victim.5

41. In this case, Rosendo De Castro y Invento, my uncle is a domestic defined under
the law because he was living under the same house as me as evidenced by the
Barangay Certification issued by the barangay we reside in, Barangay Tahimik.
My uncle also used his moral ascendancy against me because there was a wide
disparity between our ages. I also considered him as a father figure who could
help and protect me since my father already passed away. However, it was the
Respondent himself who defiled my womanhood. The Barangay Certification is
attached herewith as Annex “C”.

B. Conclusion

5 People v. Subingsubing, G.R. Nos. 104942-43, 25 November 1993

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 42. I am executing this Complaint-Affidavit to attest to the truth of the foregoing facts
and charge the Respondent of the crime of Qualified Seduction, as defined and
punished under Art. 337 of the Revised Penal Code, as amended by Republic
Act No. 11648. I reserve all legal remedies available to me to vindicate my rights
which I may file at the appropriate time.

IN WITNESS WHEREOF, I have hereunto set my hands this 19 September 1989

in the Municipality of Magdalena, Laguna, Philippines.
.

MARIA I. SALDAGA
Affiant

SUBSCRIBED AND SWORN TO before me 19 September 1989, affiant

exhibiting before me her Competent Evidence of Identity (CEI) by way of PHILIPPINE
PASSPORT with number P121464-B issued on 31 January 1983 with expiry date of 30
January 1988, at DFA MANILA. I hereby certify that I have personally examined the
affiant, and that I am satisfied that she understood the contents of and voluntarily
executed the above Complaint-Affidavit.

HON. KARMEN MAROSH NICOLE

WENCESLAO-BERNAL
Provincial Prosecutor

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ANNEX “A”

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ANNEX “B”

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 ANNEX “C”

Members:

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 Group 1

Bernal, Daryll
Dimen, Karen
Narag, Nicole Ann
Odronia, Karl Michael
Tan, Joshua
Uy, Emmanuel Mari
Wenceslao, Jose Benjamin

PRACCOURT G03

19 September 2022

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