I, SARAH GERONIMO-PASCUAL, of legal age, Filipino, single, 15 years of age, a 3 rd High School Student of Davao City National High School and temporarily residing at Sta. Ana,Davao City, Philippines, after having been duly sworn to in accordance with law, do hereby deposes and says:
That I am the same and identical person who executes this affidavit complaint in order to file a formal charge for rape in relation to R.A 7610 against PIOLO PASCUAL, more or less 45 years of age, Filipino, married to DIVINE GERONIMO-PASCUAL and a resident JP. Laurel St., Davao City, Philippines
That he wilfully, unlawfully and feloniously committed the above criminal acts as follows:
1. That sometime on March 14, 2014, my mother DIVINE GERONIMO-PASCUAL, went to Digos City to visit a relative. I was left to the respondent PIOLO PASCUAL, my biological father. To prove my relationship with the respondent, a copy of my Certificate of Live Birth is hereto attached as Annex A;
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2. That sometime on March 15, 2014, at more or less 3:00 to 4:00 oclock dawn at Brgy. Uswag JP Laurel St., Davao City, while I was sleeping at our house, particularly at my room, I noticed that somebody forcibly entered my room by taking the key of my door, through the hole, which I placed inside my room and then used it in opening the door.
3. While I was alone, the respondent who was already naked, and taking advantage of the darkness of my room and the sleepy condition of mine, moved over to me and removed my clothes. He placed himself on top of me, both of us being already undressed, he kissed me and touched my breast, at the same time threatening to kill me if I would shout or tell anybody what he was doing to me;
4. That while he was on top on me, I saw the face of the suspect and I was shocked that it was father. I beg my father not to continue what he is planning to do with me, but he ignored my appeal instead he continued to strongly held my wrists;
5. Because he was so strong, I was not able to evade him despite my resistance. While he hugged me, he said in vernacular saying: Ayaw ug saba kay naibog ko nimo or in English would mean Dont shout for I like you. He then attempted to push me to lie down in the bed. Because I was too evasive, he punched me hard in my stomach. Since I lost my strength in resisting him, he was able to insert his penis into my vagina; Page 3 of 5 Affidavit of Complaint People vs Pascual
6. I felt the pain when the respondent inserted his penis in my vagina. Nevertheless, I was able to shout for help and luckilysomebody responded to my cry for help and when he (respondent) noticed that there is somebody outside the room who tried to help me, he freed me and then he immediately went out.
7. Thereafter, AUNTIE MAJA SALVADOR, one of our neighbours, entered my room and asked me what happened and I answered that my father raped me. Auntie Maja got angry to him and said Wala gyuy batasan ni si Piolo. Sigurado ko sabog na pud sa Shabu, or in English would mean Certainly, Piolo has no good manners, I am sure he is high in Shabu. Thereafter Auntie Maja brought me to their house which is 15 meters away from our house. Auntie Maja applied first aid to my abrasions in my right wrist. Auntie instructed me just to stay at their house until sunrise to have my safety. I was trembling in fear that time.
8. That I slept in the house of Auntie Maja until 6:30 in the morning. I woke up and had my breakfast. At around 7:00 a.m., I went to school at Davao City National High School to attend my class. While I was outside, I saw the respondent lying in a hammock outside our house acting as if nothing happened.
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9. At the school, I pretended that nothing happened to me, however, my classmates at my classroom, they noticed that I have my abrasions and bruises in my wrists and they asked me why I have so. I told them of what happened to me at my room in that dawn.
10. At more or less 11:00 oclock in the morning of March 15, 2014, my mother fetched me at my school, she came all the way from Digos City, Davao del Sur. She brought me at Police Station to have the incident blottered. From the Police Station, we went to the Southern Philippines Medical Center for Medical Examination. Copy of the Police blotter and Medico Legal Report are hereto attached as Annex B and C, respectively.
11. At present, the whereabouts of the respondent is still unknown.
12. The elements of rape 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..
That I am willing to testify in court to prove the above allegations; Page 5 of 5 Affidavit of Complaint People vs Pascual
That I am further executing this affidavit complaint in order to attest the truth of the foregoing facts and for whatever legal purpose this may serve best.
IN WITNESS WHEREOF, I have hereunto set my hand this___________ at Davao City, Philippines.
SARAH GERONIMO-PASCUAL Affiant (Assisted by her mother Divine Pascual)
SUBSCRIBED AND SWORN TO before me this _____________in Davao City, Davao del Sur, Philippines. I hereby certify that I have personally examined the affiant and that I am fully convinced and satisfied that she voluntarily executed and understood the above statements.
Pros. Joyce Ann A. Babor Pros. Ryonell R. Cabardo Pros. Charlotte F. Gallego Pros. Levi Jones M. Tamayo