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DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
LAOAG CITY
Rheya Lou Cash,
Complainant,
vs.
Kenken Sunday,
Respondent.
x----------------------------------------------x
COMPLAINT-AFFIDAVIT
I, RHEYA LOU CASH, Filipino, of legal age, and with
residence at Brgy. No. 8 Naemma St., Laoag City, after having
been duly sworn in accordance with law, hereby depose and state
that:
(1) This complaint is being filed to charge KENKEN SUNDAY
a.k.a.
Kenji, Filipino, of legal age, and with residence at Brgy.
No. 6 Maleebog St., Laoag City, of the crime of RAPE under Article
(Art.) 266 of the Revised Penal Code (RPC), committed as follows:
(a) On November 22, 2016, at about 9:40 oclock in the
evening, I
was standing in front of the empanada stand
situated in front of Northwestern University located in Brgy
Butchong,
Laoag
City waiting for a ride home after my
7:30 to 9:30 p.m. class when a
white
Toyota
Landcruiser
bearing plate number UTO 666
stopped in
front of me.
(b) When I saw the plate number, I immediately recognized it
because I usually see it being parked inside the University,
particularly within the
premises of the College of Law
where I am a student thereof.
(c) Suddenly the driver went down and I recognized him to
be Mg
Kenji, a fourth year law student.
(d) Mg Kenji then approached and told me Mekan Rheya,
rabiin
ilugan kan, agpalaoag nak met (Come Rheya, its late
Ill give you a ride, I am also heading to Laoag.)
(e) I thanked him for his friendly gesture but refused his offer
and told him that I will just wait for a tricycle.
(f) At first I thought he is already leaving because he walked
towards his vehicle but then returned to where I was standing at
that very moment and told me, Panagkunak awan lumabas nga
tricycle ditoyen
Rheya, umay kan, taga Brgy. 8 ka di ba?
Brgy. 6 nak lang, agkarruba
ta lang. (I think no tricycle will
pass here anymore Rhea, just come
with me, youre from
Brgy. 8 right? I am just from Brgy. 6, were just
neighbours.)
(g) I told him, Agurayak latta ditoyen kuya, adu pay deta,
nasapa
pay, (Ill just wait here kuya, there would still be
a lot more, its still early) but he answered me Sige iyuray ka
ngarud nga makalugan tricycle ngaruden lalo ket awan
kadwam, agawid pay dagita aglako
empanadan
nehh, (Ok Ill wait for you then until you get a
tricycle
ride especially that youre alone, the empanada vendors are even
going home already) and
then
he sat
down at the
cemented plant box behind
me.
(h) After more than 30 minutes of waiting or at about 10:30
to 11:00 p.m., still, no tricycle passed by and he again urged me
to go with
him. As he was very nice and friendly and I have
already known him for three (3) years since I entered the College
of Law of Northwestern University and he was the current
President of our Student Council
and I was the Secretary and
we usually mingle with each other during
school activities, I
was finally persuaded to go with him since it was already
very
late and there is a scarce possibility of still getting a
tricycle
ride.
(i) I was a bit hesitant since I am not used to riding with
somebody
else but I was also thinking about my welfare and I
was very tired and eager to go home already.
(j) When I got inside the vehicle, he immediately drove and
we headed towards east of the school going to the city proper
but when we reached the Laoag City General Hospital, he said
Ayy adda
nalipatak school agsubli ta man bassit (Oh! I
forgot something in school, can we just go back for a while) and I
said, Anan didyay kuya? (What is it kuya?) but he only glanced
at me and smiled.
(k) He then made a u-turn entering the premises of the
hospital then headed back towards the direction of the school.
(l) However, when we reached the school he did not make a
right
turn for the school entrance but just passed by so I
reacted and
almost yelling at him since I felt suspicious already
and asking him
Oy Kuya!! Apay papanan tan? (Hey kuya!
Where are we going
now?), at the same time I was trying to
open
the door but it was locked and I wasnt familiar how to
unlock it and to
my memory, his left hand was manipulating
some buttons at the side of the door
(drivers side).
(m) When I looked at where we were heading, I saw that we
were
already at the by-pass road, it was very dark and no
vehicles whatsoever happened to pass by during that very
moment, suddenly he pulled over to the right side of the road.
(x) I
in pain
haan to
anymore,
(5) Further, whenever the crime of rape is committed with the use
of a deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua to death.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this 30
day of November 2016, in Makati City.
th
ANNEX
A
) S.S.
AFFIDAVIT
I am RHEYA LOU CASH, Filipino, of legal age, and with
residence at Brgy. No. 8 Naemma St., Laoag City, after having
been duly sworn in accordance with law, hereby depose and state
that:
(1) (a) On November 22, 2016, at about 9:40 oclock in the
evening, I
was standing in front of the empanada stand
situated in front of Northwestern University located in Brgy
Butchong,
Laoag City
waiting for a ride home after my
7:30 to 9:30 p.m. class when a white
Toyota
Landcruiser
bearing plate number UTO 666
stopped in front
of me;
(2) When I saw the plate number, I immediately recognized it
because I usually see it being parked inside the University,
particularly within the
premises of the College of Law
where I am a student thereof.
(3) Suddenly the driver went down and I recognized him to
be Mg
Kenji, a fourth year law student.
(4) Mg Kenji then approached and told me Mekan Rheya,
rabiin
ilugan kan, agpalaoag nak met (Come Rheya, its late
Ill give you a ride, I am also heading to Laoag.)
(5) I thanked him for his friendly gesture but refused his offer
and told him that I will just wait for a tricycle.
(6) At first I thought he is already leaving because he walked
towards his vehicle but then returned to where I was standing at
that very moment and told me, Panagkunak awan lumabas nga
tricycle ditoyen
Rheya, umay kan, taga Brgy. 8 ka di ba?
Brgy. 6 nak lang, agkarruba
ta lang. (I think no tricycle will
pass here anymore Rhea, just come
with me, youre from
Brgy. 8 right? I am just from Brgy. 6, were just
neighbours.)
(7) I told him, Agurayak latta ditoyen kuya, adu pay deta,
nasapa
pay, (Ill just wait here kuya, there would still be
a lot more, its still early) but he answered me Sige iyuray ka
ngarud nga makalugan tricycle ngaruden lalo ket awan
kadwam, agawid pay dagita aglako
empanadan
nehh, (Ok Ill wait for you then until you get a
tricycle
ride especially that youre alone, the empanada vendors are even
going home already) and
then
he sat
down at the
cemented plant box behind
me.
ANNEX C
MARIANO MARCOS MEMORIAL HOSPITAL
And MEDICAL CENTER
Medical Record Division
Dedo St.,
Mabuhay, Batac City
GNYNECOLOGIC CYTOLOGY REPORT
November 26, 2016
TO WHOM IT MAY CONCERN:
This is to certify that Ms. Rheya Lou Cash, 23 years old, with
residence at Brgy. 8 Naemma St., Laoag City, was examined and
treated in this hospital on November 23, 2016 @ 8:00 a.m. with
the following findings:
- deep fresh lacerations at 3 and 9 oclock
positions
- in a non-virgin state physically
- presence of spermatozoa
- contusions of the right labia majora
Issued this 26th day of November 2016, for whatever
purpose it may serve.
This certificate is issued by authority of the Director:
ANNEX D
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE REGIONAL OFFICE
ILOCOS NORTE POLICE PROVINCIAL OFFICE
LAOAG CITY POLICE STATION
Brgy. 10 San Santo, Laoag City, Ilocos Norte
Tel. No. 666-8989
EXTRACT
TO WHOM IT MAY CONCERN:
THIS IS TO CERTIFY that in the official Police Blotter under
the custody of this Office, there appears on Page Number 0068
and 0069, Entry Number 0808, dated November 23, 2016 at
about 1:45 A.M. the following entry reads as follows:
At about 1:45 A.M. of November 23, 2016, RHEA LOU CAZ,
23 years old, single and a resident of Brgy. No. 8 Naemma St.,
Laoag City, accompanied by her mother HERA DELA CASH, 53
years old, and also a resident of Brgy. No. 8 Naemms St., Laoag
City, reported to this station of an alleged rape committed
against her person by one KENKEN SUNDAY, 28 YEARS OLD,
married and a resident of Brgy. No. 6 Maleebog St., Laoag City.
Alleged victim was then in front of an empanada stand across
Northwestern University when alleged accused riding in a white
Toyota Landcruiser with plate number UTO 666 consistently
persuaded the alleged victim to go with him as he would give a
ride back home. The alleged victim hesitated to go at first but
since more than 30 minutes have passed already and there were
no more tricycles passing by anymore, she finally decided to
accept the lift home. However, instead of going to the direction
for the city proper, the alleged accused changed route and went
back to western direction going to Northwestern University as he
said he will just pick up something he forget at school. However
he just passed by the school and made a right turn to the bypass road. For fear, alleged accused tried opening the car door
but she couldnt as driver was manipulating the buttons. Alleged
accused tried calling her mother thru her cell phone by secretely
sliding her hand inside her bag and was able to dial her mothers
number but unfortunately the alleged accused saw it and
grabbed the cell phone then threw it at the back portion of the
vehicle. Alleged rape took place inside the white Toyota
Landcruiser SUV bearing plate number UTO 666 which said
alleged accused parked along the by-pass road near
Northwestern University located at Brgy. Butchong, Laoag City.
Alleged accused used force and intimidation and with the use of
a gun in order to perpetrate the sexual act to the prejudice of
said victim. The latter begged the former to spare her as she
continued to resist by pushing and kicking said alleged accused.
However her resistance resulted to futility when alleged accused
pulled her hair and poked the gun unto her forehead and beat
her two legs and even boxed her stomach, thats why the alleged
victim fell unto the seat of the vehicle and became very weak.
The accused alledgely ripped off the dress and panty of the
victim and inserted her penis into her vagina while the victim
EXTRACTED BY:
BY:
Ren C. Afirm
Lee
Police Officer 2
Inspector
Duty Investigator
Police
CERTIFIED CORRECT
Jhad
Police
Senior
Chief of
ANNEX B
Republic of the Philippines
MEDICO-LEGAL CERTIFICATE
November
26, 2016
Date
TO WHOM IT MAY CONCERN:
This is to certify that RHEYA LOU CASH, 23 years old, female,
single and a resident of Brgy. No. 8 Naemma St., Laoag City,
Ilocos Norte, was seen and examined at the emergency Room at
the hospital on November 23, 2015 @ 4:00 p.m. with the
following findings and diagnosis:
) S.c.
AFFIDAVIT
I, EMPA NEDY, 39 years old, married, residing at Brgy.
Cabungaan, Laoag City, after having been duly sworn in
accordance with law, depose and say that:
1. I was at the empanada stand located in front of Northwestern
University in Butchong, Laoag City, of which I am the owner
thereof, from 11:00 a.m. to 11:30 a.m. of November 22, 2016.
2. At around 9:40 p.m. of said evening, I saw miss RHEYA LOU
CASH when she came to my empanada stand coming out from
the school (Northwestern University) and bought a bottle of
mineral water which one of my helpers handed it to her.
3. Thereafter, she stood in front of the empanada stand waiting
for a ride home as she usually does because we have been seeing
her do the same for the past three (3) years.
4. After some time, as we were busy cooking empanada, I noticed
that she was still standing in front of us waiting for a ride and
once in a while I would glance at her.
5. Thereafter at about 10:00 p.m., a white Toyota Landcruiser with
plate number UTO 666 parked in front of her, I recognized the
vehicle because we usually see it go in and out of the university
and the owner thereof, KENKEN SUNDAY usually buys empanada
in our empanada stand located just across the university.
6. KENKEN SUNDAY went down said vehicle and approached
RHEYA LOU CASH and I, together with my two helpers heard him
say, Mekan Rheya, rabiin ilugan kan, agpalaoag nak met
(Come Rheya, its late Ill give you a ride, I am also heading to
Laoag) but we heard RHEYA LOU CASH say, Thank you lattan
kuya. (Thank you anyway kuya)
7. Afterwards we heard KENKEN SUNDAY say, Panagkunak awan
lumabas nga tricycle ditoyen Rheya, umay kan, taga Brgy. 8 ka di
ba? Brgy. 6 nak lang, agkarruba
ta lang. (I think no tricycle
will pass here anymore Rhea, just come with me, youre from
___EMPHA
NEDY____
(Signature of
Affiant)
SUBSCRIBED AND SWORN to before me this 30th day of
November 2016 at Laoag City, Ilocos Norte, Philippines.
) S.c.
AFFIDAVIT
I, SECKY GARDO, 44 years old, married, residing at Brgy.
Gabut Sur, Laoag City, after having been duly sworn in
accordance with law, depose and say that:
1. I am a security guard of the Northwestern University from June
2010 up to present and was currently assigned at the main
entrance of the university which is just in front of the College of
Law building on the 22nd of November 2016, whereby my duty for
that day is from 6:00 p.m. to 7:00 a.m. the following day,
November 23, 2016.
2. As my usual routine, I would roam around the premises of the
College of Law building and nearby areas and then go back at the
quarters located at the main entrance of the university.
3. Earlier that same day, November 22, 2016, I saw the white
Toyota Landcruiser bearing plate number UTT 666 entered the
school thru the entrance gate where I was stationed and I was the
one who opened said gate at about 5:15 p.m.
4. As usual, the driver, whom I know to be KENKEN SUNDAY,
honked his horn as he lowered the window of the passenger seat
and greeted me, which I remember that he was then wearing a
yellow long sleeves top.
5. At around 7:00 to 8:00 p.m., I conducted inspection within the
premises by roving around and saw that the white Toyota
Landcruiser was parked at the parking area located at the back of
College of Law building along with several vehicles. After which, I
decided to go back to our quarters.
6. When I was at the quarter, RHEYA LOU CASH passed by and
went out of the gate at around 9:30 p.m. and I saw her crossed
___SECKY
GARDO____
(Signature of
Affiant)
SUBSCRIBED AND SWORN to before me this 30th day of
November 2016 at Laoag City, Ilocos Norte, Philippines.
) S.c.
AFFIDAVIT
I, HERA DY CASH, 53 years old, married, residing at Brgy. No.
8 Naemma St., Laoag City, after having been duly sworn in
accordance with law, depose and say that:
1. I am the mother of RHEYA LOU CASH. I am currently working as
an employee of the Department of Agrarian Reform of the
Province of Ilocos Norte.
2. On the 22nd of November 2016, at around 5:00 p.m., my
daughter RHEYA LOU CASH sent me a text message saying that
she is already on her way to school, which she usually does
because I would normally be still at my workplace around said
period of time.
3. At around 9:40p.m. to 9:50 p.m., I sent her a text message
asking if shes coming home already and she replied that she is
still waiting for a tricycle in front of her school. I told her to call
me as soon as possible if she can no longer wait for a ride so I ask
our neighbour who is a tricycle driver to go and fetch her but she
said she will just wait for a little more.
4. At around 11:00 p.m. I received a text message from her
saying, Mama nakiluganak ken Mg Kenji, ni President mi, awan
met tricyclen. (Mama I took a ride with Mg Kenji, our President,
theres no tricycle anymore)
5. Thereafter, at 11:20 p.m., I heard my cell phone ringing but
when I got it up to answer, the call was dropped, and saw that it
was my daughter RHEYA who was calling.
6. I wondered why she called but since it was for a bit, I thought
that she just accidentally dialled it.
7. However, I got worried already because shes taking too long to
arrive considering that it wouldnt even take thirty minutes to get
to our house from her school, and that she told me shes heading
home with whom he called Mg Kenji around 11:00 p.m.
8. I decided to call her but the other line just kept on ringing. I
continued to call her for maybe four to six (4-6) times more and
then I went upstairs and called out to our helper to wake up
because I was already very worried.
9. I and our helper then decided to wait for my daughter in front
of the house.
10. After almost an hour, or maybe between 12:30 to 1:00 a.m.,
we saw a white Toyota Landcruiser stopped approximately five to
eight meters from where we were standing and then I saw my
daughter alighted said vehicle and I saw her in a pitiful state as
she was only wearing a yellow long sleeves top without
underpants and shoes or slippers.
11. I quickly went towards her as she walked and saw the vehicle
immediately went away to the southern direction.
12. I hugged my daughter so tight as she was already bursting in
tears and I asked her what happened and she answered, Mama
ni-rape nak ni Mg Kenji (Mama Mg Kenji raped me) as she
continued crying.
13. We immediately went inside the house to comfort her but
finally decided to report said incident to the police station.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th
day of November 2016, in the City of Laoag, Province of Ilocos
Norte, Philippines.
___HERA DY
CASH____
(Signature of
Affiant)
SUBSCRIBED AND SWORN to before me this 30th day of
November 2016 at Laoag City, Ilocos Norte, Philippines.