Complaint Affidavit PRACCOURT

Republic of the Philippines
Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
MUNTINLUPA CITY
MARIA ANNA CALO KOH

Complainant
- versus - I.S. No. 123-456789

For: Qualified Rape
RESTITUTO PUGAY CALO

Respondent.
x----------------------------x
COMPLAINT-AFFIDAVIT
I, MARIA ANNA CALO KAH, Filipino, twelve years of
age, and a resident of Block 1 Lot 2 Aberya Village,
Muntinlupa City, after having been duly sworn in accordance
with law, hereby depose and state that:
(1) This complaint-affidavit is being filed to charge
Restituto Pugay Calo, the uncle of the complainant, of Block
22 lot 3 Aberya Village, Muntinlupa City, of the crime of
Qualified Rape under Article (Art.) 266-A of the Revised
Penal Code (RPC) and committed as follows:
1. That in the evening of September 15, 2018 at
around 8:30 in the evening, since this was after my class, I
was left alone in the house because my mother and father
1
were out of the country for the celebration of their
anniversary; my brother was not yet at home because he
had dinner with his friends and my yaya was on her day off.
Since it is already my bed time, I went to sleep and told my
brother to just ring the bell so I would know if he is already
back.
2. I was awakened by the doorbell, thinking that it
was my brother but it was my Tito Restituto, who is the
younger brother of my Father. I asked him what he was
doing in our house and he told me that he forgot his
cellphone at my papa’s bed room.
3. I accompanied him to my parent’s bedroom since
he told me that he left his phone inside. But to my surprise,
he pushed me to the bed and started kissing me, undressing
me. I tried to get away from him but he told me that
“papatayin kita pag di ka pumayag sa gusto ko” and
threathened me with the swiss knife in his pocket.
4. I was so afraid that he will kill me so I allowed him
to do what he has in mind. He removed my underwears and
inserted his penis inside me while holding the swiss knife. I
tried to escape from him, but he was to heavy for me to get
away with him.
5. When I stood up because he seemed done, he
pushed me again to the bed and asked him to turn his back
2
on him and he inserted his penis fiercely inside my vagina.
My body being in pain after what my uncle did to me, I did
not realize that I fell sleep inside my parents’ bed.
(2) My brother arrived home and was in shocked when he
saw me naked and saw blood in the bed of my parent’s
room. He asked me what happened, and I was in tears
when I told him that Tito Restituto raped me.
(3) Appalled by what happened, my brother waited for my
yaya for her to accompany me to the hospital and my
brother, went to the police station to report the crime
against my person.
(4) After telling my parents about what my Tito Restituto
did to me, the police took my sworn statement, a copy of
which is hereto attached and made an integral part hereof
as Annex “A”. A copy of the Medico-Legal Report is
likewise hereto attached and made an integral part hereof
as Annex “B”.
(5) The elements of qualified rape as provided in paragraph
1 of the Article 266-A of the Revised Penal Code of the
Philippines are carnal knowledge through force or
intimidation, and the commission of the act is qualified by
the circumstance that “When the victim is under eighteen
(18) years of age and the offender is a x x x relative by
consanguinity within the third civil degree x x x”.
3
Based on the foregoing, it is beyond cavil that respondent
Restituto Pugay Calo committed the crime of qualified
rape punishable under Art. 266-A of the RPC.
(6) I am executing this affidavit to attest to the truth of the
foregoing facts and for charging herein respondent
Restituto Pugay Calo of qualified rape punishable
under Article 266-A of the Revised Penal Code of the
Philippines and under Republic Act No. 8363 or the
Anti-Rape Law of 1997.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand

this 29th day of October, 2018 in Muntinlupa City.
MARIA ANNA CALO KAH

Complainant/Affiant
SUBSCRIBED AND SWORN TO before me, this 29th

day of October, 2018 in Muntinlupa 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.
Megan Mary F. Mateo

Public Prosecutor
4
ANNEX “A”
REPUBLIC OF THE PHILIPPINES)
CITY OF MUNTINLUPA ) S.S.
SINUMPAANG SALAYSAY
I , MARIA ANNA CALO KAH, Filipino, twelve years of

age, and a resident of Block 1 Lot 2, Aberya Village,
Muntinlupa City, after having been duly sworn in accordance
with law, hereby depose and state that:
1. That in the evening of September 15, 2018 at

around 8:30 in the evening, since this was after my
class, I was left alone in the house because my
mother and father were out of the country for the
celebration of their anniversary; my brother was not
yet at home because he had dinner with his friends
and my yaya was on her day off. Since it is already
my bed time, I went to sleep and told my brother to
just ring the bell so I would know if he is already
back.
2. I was awakened by the doorbell, thinking that it was

my brother but it was my Tito Restituto, who is the
younger brother of my Father. I asked him what he
was doing in our house and he told me that he forgot
his cellphone at my papa’s bed room.
3. I accompanied him to my parent’s bedroom since he

told me that he left his phone inside. But to my
surprise, he pushed me to the bed and started
kissing me, undressing me. I tried to get away from
him but he told me that “papatayin kita pag di ka
pumayag sa gusto ko” and threathened me with the
swiss knife in his pocket.
4. I was so afraid that he will kill me so I allowed him

to do what he has in mind. He removed my
underwears and inserted his penis inside me while
holding the swiss knife. I tried to escape from him,
but he was to heavy for me to get away with him.
5. When I stood up because he seemed done, he

pushed me again to the bed and asked him to turn
his back on him and he inserted his penis fiercely
inside my vagina. My body being in pain after what
5
my uncle did to me, I did not realize that I fell sleep
inside my parents’ bed.
6. My brother arrived home and was in shocked when

he saw me naked and saw blood in the bed of my
parent’s room. He asked me what happened, and I
was in tears when I told him that Tito Restituto
raped me.
7. Appalled by what happened, my brother waited for

my yaya for her to accompany me to the hospital
and my brother, went to the police station to report
the crime against my person.
IN WITNESS WHEREOF, I have hereunto set my hand

this 25th day of October 2018, in Muntinlupa City.
MARIA ANNA CALO KAH

Affiant
SUBSCRIBED AND SWORN to before me this 25th day of

October 2018 at Philippine National Police Station 123,
Muntinlupa 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.
Kristine Marielle Baril

Administering Officer
Doc. No. 2;
Page No. 5;
Book No. 3;
Series of 2018.
6
ANNEX “B”
OSPITAL NG MUNTINLUPA
Medical Record Division
Civic Drive, Filinvest Corporate City
Alabang, Muntinlupa City
MEDICO LEGAL CERTIFICATE
September 17, 2018
TO WHOM IT MAY CONCERN:
This is to certify that MARIA ANNA CALO KAH, 12 years

old, with residence at Block 1 Lot 2 Aberya Village,
Muntinlupa City, was examined and treated in this hospital
on September 16, 2018 with the following findings:
- shallow healed lacerations at 3 and 8 o’clock positions

- in a non-virgin state physically
Issued this 17th day of September 2018, for whatever

purpose it may serve.
This certificate is issued by authority of the Director:
Michael Christopher O. Guidote, M.D.

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Republic of the Philippines

MARIA ANNA CALO KOH

- versus - I.S. No. 123-456789

RESTITUTO PUGAY CALO

I, MARIA ANNA CALO KAH, Filipino, twelve years of

age, and a resident of Block 1 Lot 2 Aberya Village,

Muntinlupa City, after having been duly sworn in accordance

with law, hereby depose and state that:

(1) This complaint-affidavit is being filed to charge

Restituto Pugay Calo, the uncle of the complainant, of Block

22 lot 3 Aberya Village, Muntinlupa City, of the crime of

Qualified Rape under Article (Art.) 266-A of the Revised

Penal Code (RPC) and committed as follows:

1. That in the evening of September 15, 2018 at

around 8:30 in the evening, since this was after my class, I

was left alone in the house because my mother and father

anniversary; my brother was not yet at home because he

Since it is already my bed time, I went to sleep and told my

brother to just ring the bell so I would know if he is already

2. I was awakened by the doorbell, thinking that it

was my brother but it was my Tito Restituto, who is the

younger brother of my Father. I asked him what he was

doing in our house and he told me that he forgot his

cellphone at my papa’s bed room.

3. I accompanied him to my parent’s bedroom since

he told me that he left his phone inside. But to my surprise,

he pushed me to the bed and started kissing me, undressing

me. I tried to get away from him but he told me that

“papatayin kita pag di ka pumayag sa gusto ko” and

threathened me with the swiss knife in his pocket.

4. I was so afraid that he will kill me so I allowed him

to do what he has in mind. He removed my underwears and

inserted his penis inside me while holding the swiss knife. I

tried to escape from him, but he was to heavy for me to get

away with him.

5. When I stood up because he seemed done, he

My body being in pain after what my uncle did to me, I did

not realize that I fell sleep inside my parents’ bed.

(2) My brother arrived home and was in shocked when he

saw me naked and saw blood in the bed of my parent’s

room. He asked me what happened, and I was in tears

when I told him that Tito Restituto raped me.

(3) Appalled by what happened, my brother waited for my

yaya for her to accompany me to the hospital and my

brother, went to the police station to report the crime

(4) After telling my parents about what my Tito Restituto

did to me, the police took my sworn statement, a copy of

which is hereto attached and made an integral part hereof

as Annex “A”. A copy of the Medico-Legal Report is

likewise hereto attached and made an integral part hereof

(5) The elements of qualified rape as provided in paragraph

1 of the Article 266-A of the Revised Penal Code of the

Philippines are carnal knowledge through force or

intimidation, and the commission of the act is qualified by

the circumstance that “When the victim is under eighteen

(18) years of age and the offender is a x x x relative by

consanguinity within the third civil degree x x x”.

Restituto Pugay Calo committed the crime of qualified

rape punishable under Art. 266-A of the RPC.