REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
TACLOBAN CITY

Maria Josefina Cruz

Complainant
vs. I.S. No. ____________
For: Rape
Teofisto R. Alcon
Respondent.

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COMPLAINT-AFFIDAVIT

I, MARIA JOSEFINA CRUZ, Filipino, of legal age, and with

residence at No. 1344 Brgy. 95 Caibaan Tacloban City, after having

been duly sworn in accordance with law, hereby depose and state that:

(1) This complaint-affidavit is being filed to charge Teofisto R. Alcon

a.k.a “Toto”, Filipino, of legal age, and with residence at 1340 Brgy.

95 Caibaan Tacloban City, of the crime of Rape under Article (Art.)

266 of the Revised Penal Code (RPC), committed as follows:

(a) On 5 December 2018, at around 10:00 in the evening, I arrived

at my rented apartment from a party I attended earlier that day.

Since my apartment can be reached by passing through a

narrow path from Caibaan main road and is not well lit with street

light, I failed to notice that there was a person standing beside

my apartment gate.

(b) When I managed to open the gate of my apartment and opened

the main door, someone pushed me from behind making me fall

hard on the floor. I quickly turned around to see who did it and
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 found Teofisto R. Alcon standing before me, hurriedly closing

the door.

(c) I quickly stood up and tried to run away from him but he swiftly

reached for the desk fan on the table beside the main door and

hit me at the back.

(d) I fell again on the floor and heard him say “Ayaw na gad

pagdalagan iday kay dire ka makakadalagan ha akon.” He

grabbed my right arm and dragged me to the room near the main

door.

(e) Alarcon then placed me on top of the bed while he removes his

pants. I could not move because my back was so painful. I was

helplessly crying for help but he put a small towel in my mouth.

He was kissing my neck while holding my hand. I tried to push

him but he was too strong.

(f) He then started touching my breast and inserted his penis into

my vagina. I continuously cried for help but no one could hear

me.

(g) After satisfying his carnal desires, he tried to choke me while

telling me “Magsumat ka la, papatayon ko ikaw. Sunod ngani

kumadi ako, ayaw na pagpalag ha!”.

(2) I was so terrified and in so much pain that I wasn’t able to move for

quite a while. After about an hour, I called my mother who is living

in Sta. Rita, Samar and told her about the incident.

(3) Appalled by what happened, my mother drove over to Caibaan to

come get m. We both went to the police station to report the crime

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 committed by Alcon against my person. 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”.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th

day of December 2018, in Tacloban City.

Maria Josefina Cruz

Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 11th day of

December 2018 in Tacloban City.

Prosecutor

This is to certify that I have personally examined the herein

affiant and that I am satisfied that she voluntarily executed and

understood her statements herein.

Prosecutor

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 ANNEX “A”
REPUBLIC OF THE PHILIPPINES )

CITY OF TACLOBAN ) S.S.

SINUMPAANG SALAYSAY

I am JENNYLYN AVANZADO MANZANO, Filipino, a minor, and with residence at No. 67

Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City, after having been duly sworn in accordance
with law, hereby depose and state that:

1. On 5 May 1998, at around 10:00 in the morning, I was barely 5 years of age and playing
outside my house when Luis Trillo came by and invited me to play computer games
with him at the house of Alcon.

2. On the way to their house, we passed by a narrow path where Alcon suddenly pushed
me and Luis Trillo inside a small, low building, which turned out to be Alcon’s comfort
room.

3. Alcon then barred the door, whipped out a fan knife and poked it against us and told
us “Huwag kayo mag-iingay, kung hindi papatayin ko kayo!”

4. Alcon then asked me to step on the rim of the toilet bowl facing him and for Trillo to
hold me from behind. Out of fear for my life, I followed his orders.

5. While I was standing on the toilet bowl with my legs apart and Trillo’s arms tightly
around my waist, Alcon drew his short pants down to his knees, and after lowering my
underpants, he inserted his penis into my vagina.

6. After satisfying his carnal desires, Alcon once again pointed the knife at Trillo and told
him “Gayahin mo ako! Ipasok mo ang ari mo sa ari niya!”

7. Trillo pretended to insert his penis to my vagina while Alcon was masturbating.

8. Thereafter, he reiterated his threats to kill us. He gave me a five-peso coin and told me
to buy candies with it, however I threw it away.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January 1999, in
Makati City.

JENNYLYN A. ALCON
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of January 1999 at Philippine
National Police Station 123, Makati City. I further certify that I have personally examined the Affiant
and I am satisfied that he/she voluntarily executed and understood his/her statement.

JUANA DELA CRUZ

Administering Officer

Doc. No. _____;

Page No. ____;

Book No. ____;
Series of 1999.

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 ANNEX “A”
OSPITAL NG MAKATI
Medical Record Division
Sampaguita St.,
Pembo, Makati City

MEDICO LEGAL CERTIFICATE

January 5, 1999

TO WHOM IT MAY CONCERN: Commented [C1]: TO INCLUDE INJURIES FROM THE

DESKFAN HIT. HEHE
This is to certify that Ms. Jennylyn Manzano, 5 years old, with residence at #67
Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City, was examined and treated in this
hospital on January 4, 1999 with the following findings:

- shallow healed lacerations at 3 and 8 o’clock positions

- in a non-virgin state physically

Issued this 5th day of January 1999, for whatever purpose it may serve.

This certificate is issued by authority of the Director:

Dr. Margarita Estrella Herras, M.D.