Complaint-Affidavit for Rape

Republic of the Philippines Department of Justice NATIONAL PROSECUTION SERVICE OFFICE OF THE CITY PROSECUTOR KIDAPAWAN CITY Maria Luisita B. Virginia Complainant vs.

I.S. No. ____________ For: Rape

Anghel Noel C. Dimakaya Respondent. x-----------------------------------------------------------------------------------------x

COMPLAINT-AFFIDAVIT 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) This complaint-affidavit is being filed to charge Anghel Noel Caluwag Dimakaya a.k.a “Tata Anghelo”, Filipino, of legal age, and with residence at Block 11, Lot 20, Bombastik Homes, Kidapawan 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.

2

(i) He inserted his penis fiercely inside my vagina and thrust hastily while still holding the weapon. (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

3

of the circumstances mentioned in the superseding paragraph, shall commit an act of sexual assault by inserting his penis into another 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 26th day of July, 2015 in Kidapawan City. MARIA LUISITA B. VIRGINIA Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 26th day of July, 2015 in Kidapawan 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.

IVY MAE VIOS-GETUTUA Public Prosecutor ANNEX “A” REPUBLIC OF THE PHILIPPINES)

4

CITY OF MAKATI

) 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 4 th 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. 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 5 th day of April 2015, in Kidapawan City.

MARIA LUISITA BILOG VIRGINIA Affiant

SUBSCRIBED AND SWORN to before me this 5 th 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.

ANNEX “B” KIDAPAWAN DOCTORS HOSPITAL 5

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.

6