Republic of The Philippines Department Of Justice National Prosecution Service Office Of The City Prosecutor Zamboanga City

PEOPLE OF THE PHILIPPINES, Plaintiff, -versusPEDRO SANTOS, Accused.

COUNTER-AFFIDAVIT

IS NO. 123456 For: Rape

I, LEA MISTA, Filipino, of legal age, and with residence at Level Street, Guiwan, Zamboanga City, after having been duly sworn in accordance with law, hereby depose and state that: (1) This complaint-affidavit is being filed to charge PEDRO SANTOS, Filipino, of legal age, and with residence at Other Street, Guiwan, Zamboanga City, of the crime of Rape under Article (Art.) 266 of the Revised Penal Code (RPC), committed as follows: (a) On 5 May 1997, at around 10:00 in the morning, I was barely 6 years of age and playing outside my house when JUAN DELA CRUZ came by and invited me to play computer games with him at the house of SANTOS. (b) On the way to their house, we passed by a narrow path where SANTOS suddenly pushed me and JUAN DELA CRUZ inside a small, low building, which turned out to be SANTOS comfort room. (c) SANTOS 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! (d) SANTOS then asked me to step on the rim of the toilet bowl facing him and for DELA CRUZ to hold me from behind. Out of fear for my life, I followed his orders. (e) While I was standing on the toilet bowl with my legs apart and DELA CRUZ arms tightly around my waist, SANTOS drew his short pants down to his knees, and after lowering my underpants, he inserted his penis into my vagina. (f) After satisfying his carnal desires, SANTOS once again pointed the knife at DELA CRUZ and told him Gayahin mo ako! Ipasok mo ang ari mo sa ari niya! (g) DELA CRUZ pretended to insert his penis to my vagina while Mercado was masturbating. (h) 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. (2) It took me several months before I was able to overcome my fear and told my mother, LINDA MISTA, what happened to me. (3) Appalled by what happened, my mother and I went to the police station to report the crime committed by SANTOS 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.

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(4) Exactly one week ago, however, I was surprised to see SANTOS walking along our street, as I thought that the police had filed a formal complaint with the fiscal on my behalf. Due to their failure to do so, and as I am already presently of legal age, I am personally filing this formal complaint. (5) 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 other wise unconscious. (6) Based on the foregoing, it is beyond cavil that respondent Patrick Mercado committed the crime of rape punishable under Art. 266 of the RPC. He had sexual intercourse with me even if I was just five years old. This constitutes statutory rape as defined in our laws. (7) 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 17th day of June 2011, in Zamboanga City. LEA MISTA Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 17th day of June 2011 in Makati City. (Sgd.) LUZVIMINDA F. LACASTESANTOS Associate Prosecution Attorney II 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. (Sgd.) LUZVIMINDA F. LACASTESANTOS Associate Prosecution Attorney II

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