REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BATANGAS

FOURTH JUDICIAL REGION
Branch 1/FC
Batangas City

AAA
Complainant
vs. Criminal Case No. 20-26136

-for-

Violation of Article III, Section 5

(b) of Republic Act No. 7610
Jesse Razon
Respondent.

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COMPLAINT-AFFIDAVIT

I, AAA, Filipino, a minor, and with residence at Sitio Biliran, Barangay

Aya, Municipality of San Jose, Batangas, after having been duly sworn in

accordance with law, hereby depose and state that:

(1) This complaint-affidavit is being filed to charge Jesse Razon, Filipino, of

legal age, and with residence at Sitio Biliran, Barangay Aya, Municipality
of San Jose, Batangas, of the crime of Rape under Article III, Section 5

(b) of Republic Act No. 7610, committed as follows:

(a) On March 18 of 2018, at around 9:00 in the morning, I was left alone

in the house because my mother had to go to my grandmother’s

house, while my step-father and sister had to go to work. I am a high

school student, but I was not able to attend class because I was sick

the night before. After bidding goodbye to them, I got back to my bed

and sleep.

(b) I was lying in my bed around 10:00 in the morning, when I was

awaken by the shout of the Respondent asking who was home, then

I learned that he came back to look for his tool.

(c) To make my presence known, I answered the Respondent when he

asks if someone was home.

(d) The Respondent suddenly entered my room and bid his goodbye.

(e)Thinking that the Respondent already left my room, I stood up to

take a shower, only to see him, standing at the doorway.

(f) While I was standing on the edge of my bed, Respondent walked

towards me and I felt his arms tight around my waist, Respondent

 started kissing me and fondling my breast underneath my shirt. He

furthered his actions by leading his right hand to caress my lower

abdomen and placed his finger on my genitals.

(g) I resisted but couldn’t do anything because he said that he will buy

me a lot of things and that he will also buy a ticket for the concert of

my favorite kpop idol.

(h) I just stayed silent and then the Respondent drew his short pants

down to his knees, and after lowering my underpants, he inserted his

penis into my vagina.

(i) After satisfying his carnal desires, the Respondent instructed me to

get dressed, he told me that I should not tell to anyone what

happened cause this might cause a lot of trouble. Out of love and

respect for the Respondent and to save myself and my family from

embarrassment, I just nodded my head to show that I will follow his

order.

(j) Thereafter, he gave me a kiss on the forehead and then he

proceeded to leave my room.

(k) When my sister, Shandel came home from her work, I told her, what

happened between me and the Respondent.

 (l) Appalled by what happened, my sister and I went to the police

station to report the crime committed by the Respondent against me.

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”.

(2) The elements of rape under Section 5(b) of R.A. No. 7610 are: (1) the

accused commits the act of sexual intercourse or lascivious conduct; (2)

the act is performed with a child exploited in prostitution or subjected to

other sexual abuse; and (3) the child, whether male or female, is below

18 years of age.

(3) In the case of Braga vs People of the Philippines, the Court ruled that

Section 5 of RA 7610 deals with a situation where the acts of

lasciviousness are committed on a child already either exploited in

prostitution or subjected to "other sexual abuse." Clearly, the acts of

lasciviousness committed on the child are separate and distinct from the

other circumstance that the child is either exploited in prostitution or

subjected to "other sexual abuse."

(4) Based on the foregoing, it is beyond cavil that Respondent committed

the crime of rape punishable under Article III, Section 5 (b) of Republic

Act No. 7610. He had sexual intercourse with me even if I was just

fifteen years old.

(5) Further, whenever the crime of rape is committed by means of

inducement, enticement and persuasion, and taking advantage of my

minority, the penalty shall be reclusion perpetua to death.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this

___________________, in Batangas City.

AAA
Affiant

SUBSCRIBED AND SWORN TO before me, this

___________________ in Batangas 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.

LAIKA HERNANDEZ

Public Prosecutor
Republika ng Pilipinas )
Lalawigan ng Batangas ) S.S

SINUMPAANG SALAYSAY

Ako si SHANDEL PARK, 18 na taong gulang, tubo at residente ng Sitio Biliran,

Barangay Aya, San Jose, Batangas, matapos kong maunawaan ang aking mga
karapatan alinsunod sa umiiral na batas ay malaya at kusang loob na nagsasalaysay ng
mga sumusunod:

Na, ang biktima na nagngangalang Joedhel Park ay aking nakababatang

kapatid.

Na, noong Marso 18, 2018, mga bandang 9:00 ng umaga, kami ng aking ina at
ama-amahan (step-father) ay sabay-sabay umalis ng bahay at nagpaalam kay Joedhel
upang pumasok sa kanya-kanyang trabaho.

Na, pamula sa bahay ay kailangan naming maglakad ng limang minute upang

makarating sa bus stop kung saan kami sasakay papunta sa lugar na
pinagttrabahuhan.

Na, naiwan si Joedhel na mag-isa sa bahay ngunit ibinilin siya ni Nanay sa

aming kapit-bahay na si Marinel.

Na, bandang 2:00 pm nang ako’y nakauwi sa bahay galing trabaho.

Na, pagpasok ko sa aming bahay, pinuntahan ko agad si Joedhel para

kamustahin ang kanyang pakiramdam.

Na, pagpasok ko sa kwarto ay nakita ko si Joedhel na nakaupo sa gilid ng kama,

tulala at pugto ang mata.

Na, kinamusta ko siya ngunit hindi siya umiimik at bakas ang takot sa kanyang
mukha ngunit paulit-ulit ko pa din siyang tinanong kung anong problema.
 Na, napilitan siyang aminin sa akin ang nangyari at habang umiiyak ay takot na
ikinwento niya ang ginawa sa kanya ng aming ama-amahan at sinabi din niyang
masakit ang kanyang ari.

Na, ako ay labis na nabigla sa sinabi ni Joedhel kaya’t dali-dali kong tinawagan si
Nanay upang magsumbong ngunit kagaya ko’y hindi din agad siya makapaniwala.

Na, bandang 3:00 pm ay nagpasya na akong magpunta sa pulisya upang

maghain ng reklamo at ipatingin sa mediko-legal si Joedhel bilang kumpirmasyon at
ebidensya.

PATUNAY NG LAHAT, ako ay lumagda ng aking pangalan sa ibaba nito

ngayong ika- ___ ng ______, 2020, dito sa San Jose, Batangas.

SHANDEL PARK
(Nagsasalaysay)

SUBSCRIBED AND SWORN to before me this ___ day of _____ 2020 at

__________, Batangas and I hereby certify that I have personally examine the affiant
and I am fully satisfied that she voluntarily executed and understood her statement.
Republika ng Pilipinas )
Lalawigan ng Batangas ) S.S

SINUMPAANG SALAYSAY

Ako si MARINEL M. MARQUEZ, 24 na taong gulang, tubo at residente

ng Sitio Biliran, Barangay Aya, San Jose, Batangas, matapos kong
maunawaan ang aking mga karapatan alinsunod sa umiiral na batas ay
malaya at kusang loob na nagsasalaysay ng mga sumusunod:

Na, si Jesse Razon na kilala sa tawag na Jesse ay aking kapitbahay.

Na, noong bandang 11:00 ng umaga noong March 18, 2018. Nakita ko
si Jesse na nagmamadaling paalis ng bahay.

Na noong araw na iyon, tinanong ko si Jesse kung saan siya papunta

at sinabi niya saking meron siyang lakad kasama ang mga kaibigan niya.

Na sa aming pag-uusap na iyon, humingi sakin ng pabor si Jesse na

bantayan ang kanilang bahay dahil si AAA lamang ang tao sa bahay noong
araw na iyon.

Na sa aming pag-uusap ni Jesse, akin napansin na tila siya ay

nagmamadali at tila may bumabagabag sa kanya bago siya umalis ng bahay.

Na, kung kaya ako nagsasalaysay nito ay upang suportahan ang mga
sinasabi at paratang ni Joedhel Apostol laban kay Jesse Razon.

PATUNAY NG LAHAT, ako ay lumagda ng aking pangalan sa ibaba

nito ngayong ika- ___ ng ______, 2020, ditto sa San Jose, Batangas.
 MARINEL M. MARQUEZ
(Nagsasalaysay)

SUBSCRIBED AND SWORN to before me this ___ day of _____ 2020

at __________, Batangas and I hereby certify that I have personally
examine the affiant and I am fully satisfied that she voluntarily executed and
understood her statement.
Republic of the Philippines)
City of Lipa )S.S.
x---------------------------------x

AFFIDAVIT

I, PO2 DAPHNIE CUASAY, of legal age, single, Filipino citizen and resident of Libjo
Central, Batangas City, Philippines, and after having been duly sworn to in accordance
with law hereby depose and say that;

1. I am a bonafide member of the Philippine National Police (PNP for brevity) and
presently assigned at San Jose Municipal Police Station with office address at
San Jose, Batangas. Detailed at Women and Children Protection Desk (WCPD
for brevity) as duty Investigator under office order no. 12345;
2. Sometime on March 15, 2018, on or about 3:00 in the afternoon, I was at the
WCPD, when AAA, the complainant, and her sister, identified as SHANDEL
PARK (SHANDEL for brevity), 18 years old, a resident of Sitio Biliran, Barangay
Aya, Municipality of San Jose, Batangas, appeared and reported to our office
that her sister, AAA, was allegedly raped by their stepfather, namely JESSE
RAZON;
3. On or about 3:30 in the afternoon of the same date their complaint was
registered under IRD No. 123456.
4. I execute this affidavit to attest to the truth of the foregoing facts base on my
personal knowledge and authentic records that I am the Police Investigator who
conducted an ocular investigation in the said location and to prove the veracity
of my statement.

IN WITNESS WHEREOF, I have hereunto set my hand on this 16 th day of March

2018 at Lipa City, Philippines.

PO2 DAPHNIE CUASAY

 Driver’s License No. DO1-23-456789
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of March 2018 at Lipa City,
Philippines, exhibited to me his identification document as indicated above as proof of
her identity.

ATTY. CARDO DALISAY

Notary Public
Roll of Attorney’s No.1234 Serial No.1111-11
PTR No.1234567, 01/02/18, Lipa City
IBP No.7654321, 01/03/18, Lipa City
MCLE Comp. No.222222, 01/02/18

Doc No. 108

Page No. 34
Book. No. 3
Series of 2018.
 AFFIDAVIT OF WITNESS
I, DR. KAREENA MONSOD-SALCEDO, of legal age, Filipino, married, a
physician of Batangas Medical Center with business address at Bihi Rd.,
Kumintang Ibaba, Batangas City, after having duly sworn to in accordance with
law, do hereby depose and state THAT:
1. I have been in the practice of medicine for 10 years already and presently
serves as the resident physician of Batangas Medical Center;
2. I have previously examined rape victims or persons alleging to be rape victims;
3. I personally examined the complainant, Joedhel Park on March 19, 2019, after
she has filed a complaint for rape to the Batangas City Police Station against the
defendant, Jesse Razon;
4. Ms. Park is of small built, 4 feet 11 inches in height, and of brown complexion;
5. After examining her body, I found that she suffered from complete laceration
with sharp coaptable border with congestion of the hymen at 9 o’clock area and a
test tube with a diameter of 3⁄4 inch entered with slight difficulty in the vagina.
The laceration is about 1 to 3 days old and is indicative of a forced entry of a blunt
elongated and cylindrical object like the shaft of a male penis;
6. With the aid of local anesthetic,I was able to observe beyond the vaginal canal
and with some smear samples from the uterus, traces of spermatozoa with low
motility on the brink of perishing can be found;
7. I prepared a medical certificate dated March 19, 2019 to which I affixed my
signature as the examining physician.
IN WITNESS WHEREOF, I have hereunto affixed my signature this__th day
of ___\____] 2020 at Batangas City, Philippines.

DR. KAREENA MONSOD-SALCEDO

Affiant
PRC ID No. 1874679392

SUBSCRIBED AND SWORN to before me, this __th day of _______ 2020 at
Batangas City. Affiant exhibited to me his identification document as indicated
above as proof of his identity.
ANDREAL ONTANGO
Associate Prosecution Attorney II