REPUBLIC OF THE PHILIPPINES

CITY OF CAGAYAN DE ORO CITY

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COMPLAINT-AFFIDAVIT

I, Bernalyn B. Banaay, Filipino, of legal age, and with residence at Adelfa Brgy.
Carmen, Cagayan de Oro City, after having been duly sworn in accordance with law,
hereby depose and state that:
(1)
This complaint-affidavit is being filed to charge Kenneth Limbaga, Filipino, of
legal age, and with residence at Adelfa Brgy. Carmen, Cagayan de Oro City, of the
crime of Rape under Article (Art.) 266 of the Revised Penal Code (RPC), committed as
follows:
(a)
On 05 July, 2015, at around 11:00 in the evening, I was barely 5 years of age and
playing outside my house when Elzon Tima-an came by and invited me to play
basketball games with him at the house of Popera.
(b)
On the way to their house, we passed by a narrow path where Popera suddenly
pushed me and Elzon Tima-an inside a small, low building, which turned out to be
Poperas comfort room.
(c)
Popera 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)
Popera then asked me to step on the rim of the toilet bowl facing him and for
Tima-an 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 Tima-ans arms
tightly around my waist, Popera 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, Popera once again pointed the knife at Timaan and told him Gayahin mo ako! Ipasok mo ang ari mo sa ari niya!
(g)
Tima-an pretended to insert his penis to my vagina while Popera was
masturbating.

(h)
Thereafter, he reiterated his threats to kill us. He gave me a three-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, Princess B. Banaay, what happened to me.
(3)
Appalled by what happened, my mother and I went to the police station to report
the crime committed by Popera 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.
(4)
Exactly one week ago, however, I was surprised to see Popera walking along the
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 Christian Popera
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 11th day of July 2015, in
Cagayan de Oro City.

Bernalyn B. Bana-ay
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 11th day of July 2015 in Cagayan de
Oro City.

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.

Atty. Alden Varquez

Notary Public