Sample Complaint; Complaint Affidavit; Medico Legal Certificate (1)

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE NATIONAL PROSECUTION SERVICE OFFICE OF THE CITY PROSECUTOR PASAY CITY

Rufino Samuel G. Mantos. Complainant vs.

I.S. No. ____________ For: Rape

Willie R. Wong Respondent. x-----------------------------------------------x

COMPLAINT-AFFIDAVIT

I, Rufino Samuel G. Mantos, Filipino, of legal age, and with residence at No. 365 B. F. Ortigas St. Brgy. New Zaniga Mandaluyong City., after having been duly sworn in accordance with law, hereby depose and state that: (1)

This complaint-affidavit is being filed to charge , WILLIE

R. WONG,

Filipino, of legal age, and with residence at 178-

F Malibug Street, Makati City, of the crime of Rape by Sexual Assault under RA 8353, committed as follows: (a)

On 1 January 2016, at around 8:00 in the

evening, I am with my friend LARA G. DEFENSOR, my high school classmate, at Vibers Bar at Mall of Asia

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Pasay City to drink and celebrate her return from the USA. (b)

After we finished our first bucket of beer, a

stranger approached us and introduced himself as “Willie”, he told us that he wanted to drink with us, Because of being a little drunk and for us not to be rude to a stranger; we agreed to let him join us. (c)

At around 11:00 in the evening, Lara, being

drunk went outside the bar to call her driver and at the same time I also went to the comfort room. Upon my return to our table, Mr. Wong told me that Lara already left. (d)

Thereafter, I told Mr. Wong to finish our drink, he

opened the last two bottle of beer and I saw him put something in my beer, but I did not manage to bother because I was already drunk that time. (e)

While I was finishing the bottle of beer I felt very

dizzy and blacked out. (f) On January 2, 2016 at around 6:00 in the morning I woke up when I heard Mr. Anvari F. ARGUELLES tallking to his phone while leaving the room. Then I realized that I was in my room.

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(g)

Thereafter, I felt body pains most especially on

my lower body where my butt is very swollen and I am sure that something was inserted in it. I cannot sit, I could not walk, and whenever I try to move the pain becomes more intolerable. (2)

Appalled by what happened, I went to the police

station to report the crime committed by Mr. Willie R. Wong against my person. 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”. (3)

Hence I am personally filing this formal complaint.

(4)

The elements of rape are the 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. (5)

The elements of Rape by Sexual Assault are: 1. the

offender commits an act of sexual assault 2. That the act of sexual assault is committed by any of the following means: a. by inserting his penis into another

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person’s mount or anal orifice, or b. by inserting any instrument or object into genital or anal orifice of another person. 3. That the act of sexual assault is accomplished

under

any

of

the

circumstances

enumerated under the first act of rape. (6)

Based on the foregoing, it is beyond cavil that

respondent Willie R. Wong committed the crime of rape by Sexual Assault punishable under RA 8353. He had sexual intercourse with me by inserting his penis into another person’s mouth or anal orifice, or b. by inserting any instrument or object into genital or anal orifice of another person. This constitutes rape by sexual assault as defined in our laws. (7)

Further, whenever the crime of rape is committed the

penalty shall be reclusion perpetua to death.

AFFIANT FURTHER SAYETH NAUGHT. IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of February 2016, in Pasay City

Rufino Samuel G. Mantos Complainant/Affiant

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SUBSCRIBED AND SWORN TO before me, this 1st day of February 2016 in Pasay City.

MARLON J. RIVERA Assistant City Prosecutor

This is to certify that I have personally examined the herein affiant and that I am satisfied that he voluntarily executed and understood her statements herein.

MAAN P. QUILANG Assistant City Prosecutor

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ANNEX “A”

REPUBLIC OF THE PHILIPPINES

)

CITY OF PASAY

)

S.S.

SINUMPAANG SALAYSAY I am Rufinio Samuel R. Mantos, Filipino, of legal age, and with residence at Unit 2069 Red Planet Condominium, Leveriza St. Pasay City, after having been duly sworn in accordance with law, hereby depose and state that: (a) On January 1, 2016, at around 5:00 in the evening, I am with my friend Lara G. Defensor, my high school classmate, at Vibers Bar Pasay to drink and celebrate her return from the USA. (b) After we finished our first bucket of beer, a stranger approached us and introduced himself as “Willie”, he told us that he wanted to drink with us. Because of being a little drunk and for us not to be rude to a stranger, we agreed to let him join us. (c) At around 11:00 in the evening, Lara, being drunk went outside the bar to call her driver and at the same time I also went to the comfort room. Upon my return to our table, Mr. Willie Wong told me that Lara already left. (d) Thereafter, I told Mr. Willie Wong to finish our drink, he opened the last two bottle of beer and I saw him put something in my beer, but I did not manage to bother because I was already drunk that time. (e) While I was finishing the bottle of beer I felt very dizzy and blacked out. (f) On January 2, 2015 at around 6:00 in the morning I woke up when I heard Mr. Willie Wong taking to his Phone while leaving the room. Then I realized that I was in my room. (g) Thereafter, I felt body pains most especially on my lower body where my butt is very swollen and I am sure that something was inserted in it. I cannot sit, I could not walk, and whenever I try to move, the pain becomes more persistent and intolerable. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2016, in Pasay City.

Rufino Samuel Mantos Affiant

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SUBSCRIBED AND SWORN to before me this 30 th day of January 2016 at Philippine National Police Station 123, Pasay 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.

GEM ROSE O. ALLAN Administering Officer

Doc. No. _____; Page No. ____; Book No. ____; Series of 2016.

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ANNEX “B” ADVENTIST MEDICAL CENTER MANILA PASAY CITY

MEDICO LEGAL CERTIFICATE

August 10, 2015 TO WHOM IT MAY CONCERN: This is to certify that Mr. Rufino Samuel Mantos., 25 years old, with residence at Unit 2069 Red Planet Condominium, Leveriza St. Pasay City, was examined and treated in this hospital on January 2, 2016 with the following findings: - deep lacerations at 3 and 8 o’clock positions due to insertion of a bottle like item - with emission of semen Issued this 10th day of January 2016, for whatever purpose it may serve. This certificate is issued by authority of the Director:

DR. DALE ABELLA Consultant-Specialist

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