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REPUBLIC OF THE PHILIPPINES]]

CITY OF DAVAO ] S.S.


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AFFIDAVIT COMPLAINT

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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Affidavit of Complaint
People vs Pascual

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;
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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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Affidavit of Complaint
People vs Pascual

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;
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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

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