Complaint Affidavit - Buena vs. Cargo

Republic of the Philippines
11
TH
Judicial Region
REGIONAL TRIAL COURT
Branch 3
Davao City
MARY GRACE BUENA
Complainant
---versus-- I! "o 1#3$%&'(
For: Rape
PEDRO CARGO
Respondent.
)*****************************************************************************************)
COMPLAINT-AFFIDAVIT
I+ MARY GRACE P.BUENA, ,ilipino+ 1# years old+ and -ith
residence at .anuel / 0ue1on Blvd+ Davao City+ after having
been duly s-orn in accordance -ith la-+ hereby depose and state
that2
1) I a3 the lone child of .ary and .ario Jose Buena .y father
is currently living in !urigao del "orte because of his -or4 in
Tag*anito .ining I a3 a 5rade 6I student of 7ireless
8le3entary !chool
2) This co3plaint*a9davit is being :led to charge Pedro Cargo
a4a Kuya Peds+ ,ilipino+ single+ of legal age+ and -ith
residence at .anuel / 0ue1on Blvd+ Davao City+ of the
cri3e of Rape under ;rticle <;rt= #%%*; of the Revised
Penal Code <RPC=
3) >n .arch 3+ #?1$+ .onday+ I -as absent fro3 3y 3orning
class because I had a sto3ach ache and tonsillitis ;round
%2?? a3+ 3y 3other left the house to go about -ith her
-ee4ly routine shopping at Ban4erohan Public .ar4et to buy
our food supply for the -ee4
4) Before she left+ she put e9cascent oil on 3y tu33y and let
3e drin4 lots of -ater !he told 3e to rest -ell and that
she@ll be bac4 at around A2?? a3
1
5) ;s soon as 3y 3other left+ I i33ediately fell asleep as I -as
really not feeling -ell at that ti3e
6) Thereafter+ I -as a-a4ened fro3 3y sleep by the strange
feeling of so3eone touching 3y private organ !urprised I
i33ediately opened 3y eyes and I sa- Kuya Peds
hunched over 3e and -earing only his briefs+ -ith his hands
inserted in 3y shorts and panty
) 7hen he noticed that I -as a-a4e+ BKuya Peds i33ediately
covered 3y 3outh .y roo3 -as -ell*lighted by the rays of
the sun co3ing in through a side -indo- and I cannot be
3ista4en that 3y assailant is Pedro Cargo or Kuya Peds as
I call hi3 I a3 fa3iliar -ith his face because he used to go
to our house to have a drin4 -ith 3y father every ti3e 3y
father visits us
!) I tried to push hi3 a-ay but he i33ediately got a 4nife and
held it against 3y nec4 He told 3e to 4eep still or else he
-ill 4ill 3e and 3y 3other I -as paraly1ed by fear and
-asn@t able to do anything because I -as very scared
") 7ith the 4nife still held against 3y nec4+ he told 3e to 4eep
Cuiet -hile he proceeded to re3ove 3y shorts and panty
He also rolled 3y shirt up and suc4ed 3y nipple -hile his
free hand touched 3y private organ
1#) He thereafter re3oved his briefs and placed hi3self
bet-een 3y legs He threatened 3e not to 3a4e a sound or
else he -ill 4ill 3e and proceeded to insert his penis into 3y
vagina 7hen I felt his penis forcing its -ay into 3y private
organ+ I cried out in pain but he i33ediately covered 3y
3outh and again told 3e to 4eep Cuiet or he -ill 4ill 3e I
cannot do anything but cry as I felt pain every ti3e he 3ade
a push and pull 3otion against 3y private part
11) ;fter a -hile+ he pulled hi3self out of 3e and again
threatened 3e not to report the incident to anyone or else
he -ill 4ill 3e and 3y 3other He then stood up+ and
hurriedly -ore his briefs and pants -ith the 4nife still in his
hands He then left -ithout any -ord
12) !hortly after he left+ I sat up and tried to stand but I felt
the pain on 3y thighs and 3y private organ that I
i33ediately sat do-n I then noticed blood and a stic4y
-hite liCuid fro3 3y vagina 7hen I :nally -as able to stand
up I -ent to the bathroo3 to -ash oD the stic4y -hite Euid
2
and blood on 3y private organ and thereafter put on 3y
under-ear and shorts !till shoc4ed fro3 3y recent ordeal+
all I can do -as cry
13) 7hen 3y 3other arrived fro3 the 3ar4et at around
A2?? a3 she sa- 3e seated in the corner loo4ing terri:ed
and shoc4ed !he as4ed 3e -hat happened and it -as then
that I recounted 3y ordeal !he chec4ed 3y private organ
and tried to touch it but I told her not to because it is
painful
14) .y 3other brought 3e to the Punong Barangay
Diosdado ;Cuino to report the rape incident I identi:ed to
hi3 the suspect Pedro Cargo He later su33oned Pedro
Cargo to the $aran%ay Hall in order to fully investigate the
alleged cri3eF and that he later turned over the suspect to
the police due to the seriousness of the 3atter
15) .y 3other and I headed to !ta ;na Police !tation to
report the said cri3e co33itted by Pedro Cargo against 3y
person The police blotter report -as ta4en by !enior Police
>9cer 1 <!P>1= .artin / Torres
16) Gpon the instruction of !P>1 .artin / Torres+ -e -ent
to !outhern Philippines .edical Center for a 3edico*legal
e)a3ination conducted by Dr /inda 5o -ho li4e-ise issued
.edico*/egal Report "o .*3$&%*('
1) Gpon consultation -ith 3y la-yer+ I understand that
the acts of Pedro Cargo Cualify for R;P8 punishable under
;rticle #%%*; of the Revised Penal Code
1!) ;rticle #%%*; of the Revised Penal Code provides that
R;P8 is co33itted 1) &y a man '(o s(all (ave )arnal
*no'led%e o+ a 'oman under any o+ t(e +ollo'in%
)ir)umstan)es, --- a) t(rou%( +or)e. t(reat or intimidation
---/
1") I a3 e)ecuting this a9davit to attest to the truth of the
foregoing facts and for the purpose of :ling a cri3inal
co3plaint for R;P8 against the accused Pedro Cargo
T> TH8 TRGTH >, TH8 ,>R85>I"5+ I have signed this
Co3plaint*;9davit on .arch #?+ #?1$
3
.;RH 5R;C8 BG8";
01ant
!GB!CRIB8D and !7>R" T> B8,>R8 .8+ this #?
th
day of
.arch #?1$ at Davao City
I hereby certify that I have e)a3ined the a9ant and I a3
satis:ed that she e)ecuted the foregoing voluntarily and freely
and that she fully understood its contents
.;"G8/ ";I;R8">
2nvesti%atin% Prose)utor
4

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