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REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the City Prosecutor
City of Manila

Maria Nagasaki,
Complainant, NPS No. XV-INV- 727-45-17
FOR: RAPE
-versus-

Barrito Isidro,
Respondent.
X--------------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, Maria Nagasaki, Filipino and of legal age, with residence at unit 2, 12th Fl., AVIDA
Tower 1, Rizal Avenue, Sta. Cruz, Manila, after having been sworn in accordance with law,
hereby depose and state that:

I. PRELIMINARY STATEMENT
1.
I filed this criminal action against Respondent Barrito Isidro for the crime of rape he
committed against me in the morning of September 5, 2017 inside my residential condominium
at unit 2, 12th Fl., AVIDA Tower 1, Rizal Avenue, Sta. Cruz, Manila.

II. THE PARTIES

2.
I was 22 years old and a medical student at the time of the incident.

3.
Respondent Barrito Isidro (hereinafter Respondent), is of legal age and a resident of
166 C P. Guevarra St. Sta. Cruz Manila and a Filipino citizen.

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4.
At the time of the incident, the Respondent was a janitor at AVIDA Tower, Rizal
Avenue, Sta. Cruz, Manila, the condominium building where I reside.

5.
I have no intimate relationship with the Respondent in whatever form before, during and
after the incident.

III. JURISDICTION OF THE HONORABLE OFFICE


6.
The crime was committed within the City of Manila, thus within the jurisdiction of this
Honorable Office.

IV. FACTS CONSTITUTIVE OF THE CAUSE OF ACCUSATION


7.
On or about 5 September 2017, at around One o'clock in the morning, I arrived in the
lobby of the building and went straight to the elevator to go to my unit on the 12th floor.
8.
The elevator stopped on the 2nd floor and I saw the Respondent also known as Kuya Barr
with his fellow janitor named Arturo Legaspi.
9.
When the elevator was about to close, Kuya Barr immediately entered. We were alone in
the elevator at that time.
10.
I greeted the Respondent but he responded with a strange smile and when we were about
to reach the 10th floor, he suddenly moved closer to me.

11.
I then became suspicious and I wanted to press the emergency button but the Respondent
immediately pulled a gun from his waist and pointed it to my neck using his left hand. With his
right hand he pressed a white cloth soaked with a familiar scent to that of chloroform to which I
fell unconscious.

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12.
When I regained my consciousness, I was already in a room which I recognized as the
living room of my unit.

13.
I realized that I was naked and I recognize the Respondent pressing both my hands
against the floor. I tried to grapple against the Respondent but I was overpowered by him,
because of which I sustained bruises and scratch wounds. Respondent managed to force himself
to me by inserting his penis into my vagina causing great physical pain and mental anguish.

14.
I was crying for help and pleaded for the Respondent to stop and get off of me but the
Respondent pointed a gun to my face and inserted the barrel of the gun into my mouth to which I
became helpless.

15.
When Respondent was forcing me to go on top of him, I found the opportunity to hit the
Respondent with a vase from a corner table. I kicked him in the crotch area and I was able to run
out of the room.

16.
In complete nakedness, I ran down the fire exit stairs and continuously cried for help
while running straight to the lobby, and pleaded for help from the security personnel.

17.
When I reached the lobby, I saw the security personnel named Allan Escarez and I
screamed for help. Upon seeing me, Mr. Escarez immediately covered me with blankets. He sent
guards to check my unit and reported the incident to the police authorities.

18.
I was informed by the guards that the Respondent already escaped when they arrived in
my condominium unit. Upon inspection, the police authorities recovered a wallet belonging to
the accused, a gun which I identified as the same one used by the Respondent, and a white cloth
soaked with chemical which turned out to be chloroform.

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19.
On or about Three o'clock in the morning, I went to the police station 3 to report the
crime while assisted by the security personnel, Allan Escarez. In the police station, I made a
sworn statement.

20.
After making my sworn statement, I was brought to the Philippine General Hospital
wherein I underwent for medico-legal examination and thereafter treated for the scratches and
bruises I sustained.

21.
At on or about Eight o'clock in the morning of September 20, 2017, I was informed by
the Police Station No. 3 that the Respondent went there to turn himself in and made a confession
while being assisted by a representative of the Public Attorney's Office, Atty. Irene Bianca
Distura, a certified member of the bar.

V. DOCUMENTARY AND OBJECT EVIDENCE


IN SUPPORT OF THE ACCUSATION

A. Certified True Copy of the Attendance record of the Respondent (Exhibit A)

22.
Bobeth Tadeo, the Maintenance Supervisor of the condominium issued a Certified True
Copy of the Attendance record confirming that Respondent reported for the night shift work
on September 4, 2017 at 11:00pm together with Arturo Legaspi.

Arturo Legaspi
Time in: 09/04/17 @ 10:50pm
Time out: 09/05/17 @ 8:00 am

Barrito Isidro
Time in: 09/04/17 @ 10:50pm
Time out: (blank)

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B. CCTV Footage of condominium hallway (Exhibit B)
23.
The CCTV clips obtained from the condominium hallway on the 12th floor positively
identified the Respondent carrying the Complainant entering into her unit on September 5,
2017 on or about 01:15am and left hurriedly at 02:05am right after the Complainant left.

C. Sworn statement of complainant in police station (Exhibit C)

24.
The Complainant positively identified the Respondent as the perpetrator in her RAPE
complaint.

D. Medico-legal report (Exhibit D)


25.
Dr. Emma Aranas, a Medico-Legal Officer, conducted a physical examination on the
victim and discloses the following findings:

Subject contains bruises and scratches secondary to mauling.

External genitalia - grossly normal


Introitus - positive hymen laceration
Vaginal smear - positive for spermatozoa

Conclusion:
Subject is in non-virgin state.
Vaginal smears are positive for spermatozoa.

26.
E. Malayang Sinumpaang Salaysay ng Pag-Amin ng Pag-kakasaala. (Exhibit E)

During the Respondents custodial investigation at Police Station No. 3, Respondent was
assisted by counsel, Atty. Irene Bianca Distura, a certified member of the bar, and a
representative of the Public Attorney's Office. During the custodial investigation, he admitted
having raped Maria Nagasaki and executed a Malayang Sinumpaang Salaysay ng Pag-Amin ng
Sala.

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27.
F. Sinumpaang Salaysay of Arturo Legaspi. (Exhibit F)
Witness Arturo Legaspi, testified that he saw Complainant when the elevator on the 2nd
floor opened, thereafter Barrito Isidro entered.

28.
G. Sinumpaang Salaysay of Leandro Castro. (Exhibit G)

Witness Leandro Castro, testified that he saw Respondent carrying the unconscious
Complainant into her unit.

29.
H. Recovered White Cloth and its subsequent Chemical Analysis conducted by the
PNP crime laboratory. (Exhibits H-1 and Exhibit H-2)
PCI Mr. Forensic Chemist issued a certification stating that after quantitative and
qualitative laboratory examination of the recovered white cloth, the tests conducted confirmed
that the cloth contained Chloroform.

30.
I. Wallet of the Respondent and Certification from the PNP. (Exhibit I)
PO3 Kenneth Dela Cruz, the investigator on case, conducted physical examination of the
wallet, as well as detection for finger prints and confirmed as well that the wallet belongs to the
Respondent and contains his fingerprints.

J. Gun of the Respondent and Certification from the PNP. (Exhibit J)


31.
P03 Kenneth Dela Cruz, the investigator on case, conducted physical examination of the
Gun, as well as detection for finger prints and confirmed that the Gun belongs to the Respondent
and contains his fingerprints. PNP Camp-Crame issued a certification that the Gun recovered
with serial no. 00000898285252 with brand: Taurus, caliber: .45, and model: 1911 is registered
to the Respondent.

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K. DNA result from the Spermatozoa. (Exhibit K)
32.
PCI Dr. Christelle Meren conducted qualitative and quantitative test of the DNA of the
spermatozoa recovered from the vagina of the Complainant.

33.
The Respondent voluntarily agreed to the swabbing of his cheek in order to provide the
DNA sample which was thereafter transferred to the custody of PCI Dr. Christelle Meren who
then conducted its qualitative and quantitative test for DNA.

34.
PCI Dr. Christelle Meren certified that the DNA result in the Spermatozoa sample and the
Swabs yielded 99.99% positive match.

L. Actual Evidences and other supporting evidences will be presented during the trial.

35.
Private and Public complainant shall present the aforementioned pieces of evidences
together with other evidences as may be necessary during the course trial.

AGGRAVATING CIRCUMSTANCES

A. The crime was committed in the condominium unit of the complainant


36.
Art. 14 Par. 3 of the Revised Penal Code provides That the act be committed with insult or
disregard of the respect due the offended party on account of his rank, age or sex, or that it be
committed in the dwelling of the offended party, if the latter has not given provocation as an
aggravating circumstance.

B. The use of gun


37.
Art. 266-B of Revised Penal Code provides that whenever the rape is committed with the use
of a deadly weapon, the penalty shall be reclusion perpetua to death.

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C. The use of white cloth soaked with chloroform
38.
Art. 14 Par. 15 of the Revised Penal Code provides That advantage be taken of superior
strength, or means be employed to weaken the defense as an aggravating circumstance.

PRAYERS AND DAMAGES


WHEREFORE, Complainant demands:

A. That this honorable office finds probable cause to indict the Respondent for Rape and
the all damages committed by him.

39.
Art 266-B of the Revised Penal Code provides that Whenever the rape is committed with the
use of a deadly weapon, the penalty shall be reclusion perpetua to death.

B. Moral Damages
40.
Pursuant to current jurisprudence, the Complainant prays that moral damages be awarded in
such amount as the Court may deem just without the need for pleading or proof of the basis
therefor. (People v. Cajara, GR No. 122498, 27 September 2000)

C. Exemplary Damages
41.
With the presence of aggravating circumstances, the Complainant prays that exemplary
damages be awarded in such amount as the Court may deem just and proper. (People v. Evina,
GR No. 12430-31, 27 June 2003)

D. Actual Damages
42.
The Complainant prays that attorneys fees and litigation expenses in the total amount of
P100,000.00 be awarded.

E. Nominal Damages
43.
The Complainant prays that nominal damages be awarded in order that her right, which has
been violated or invaded by the Respondent, may be vindicated or recognized, and not for the

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purpose of indemnifying the victim for any loss suffered by her, in such amount as the Court
may deem just and proper.

F. Temperate Damages
44.
The Complainant prays that temperate damages be awarded for some pecuniary loss that has
been suffered in such amount as the Court may deem just and proper.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have affixed my signature this 5th day of September 2017, in
Manila City, Philippines.

Maria Nagasaki
Affiant

Subscribed and sworn to before me this 5th day of September 2017 in Manila City,
Philippines. I hereby certify that I have personally examined the Affiant and I am satisfied that
she voluntarily executed and understood her Complaint-Affidavit.

INVESTIGATING PROSECUTOR