Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 41, Bacolod City

Giovanne Sarno, represented

by Rosemar Sarno, in her capacity
as Legal guardian
Plaintiff,

- versus - Criminal Case No. 1848-04

For: Violation of RA
7610
Grandee Lopez
Defendant
x----------------------x

COMPLAINT

1. Plaintiff, through the undersigned counsel unto this

Honorable Court, hereby respectfully avers:

A. Plaintiff, GIOVANNE SARNO, represented by ROSEMAR

SARNO, is a minor. He is an elementary student at the

Education and Training Center School I in San Juan Street,

Bacolod City.;

B. Defendant GRANDEE LOPEZ, of legal age, Filipino, single,

was Math teacher at the said school, may be served with

summons and other processes of this Honorable Court at their

last known address at GRANDEES ADRESS.;

C. On July 18, 2017, Sarno was having lunch with his friends at the

school canteen when Lopez joined their group. She told them to
 address her simply as Dee. She handed them her organizer and

asked them to list down their names and contact numbers.;

D. On October 3, 2017, while Sarno and his friends were

discussing the movie Diligan Mo Ang Nauuhaw Kong Lumpia,

defendant butted in and bragged that it was nothing compared

to her collection of xxx-rated films and Precious Hearts

Pocketbooks. To the shock of Sarno’s group, she lectured on

and demonstrated sexual acts she had already experienced. She

then invited the group to have a private review session at her

house and at the same time, view her collection.;

E. On October 10, 2017, Lopez reiterated her invitation to Sarno

and his friends to study at her house and watch her collection

of pornographic films. Afraid of offending Lopez, Sarno and

two of his friends went with her. They rode in her car and she

brought them to the Imperial Court on Aguinaldo Street in

Bacolod City. They checked in at a deluxe room.;

F. Lopez was disappointed when she found out there was neither

a video cassette player (on which she could play his video

tapes) nor an x-rated show on the closed-circuit television. She

suggested that they just cuddle up together. Sarno and her

friends ignored him but she pulled each of them towards him

to lie with her in bed. They resisted until she relented.;

G. Sarno and his friends regretted having accepted Lopez’s

invitation. For fear of embarrassment in case their classmates

got wind of what happened, they agreed to keep things a

secret. Meanwhile, defendant apologized for her actuations.;

H. Thereafter, Lopez started to show Sarno amorous attention. She

called him on the phone and texted and chatted him romantic

messages at least thrice a day. When Christmas break came, her

calls and messages became more frequent. Their conversation

always started innocently but she had a way of veering the

subject to sex. Young, naive and coming from a broken family,

Giovanne was soon overwhelmed by Lopez’s persistence and

slowly got attracted to her. She was the first person to show

him love and affection. Soon, they had a mutual understanding

and became sweethearts.;

I. When Sarno secured his class card at the end of the school year,

Lopez told him that she gave him a final grade of 75. He

protested, stating that his first to third quarter grade was with

an average of 85. She gave him a grade of 75 when he promised

not to disclose their intimate messages to anyone. She also

cautioned him not to tell anyone about their affair as it could

jeopardize her job.;

J. On November 19, 2017 at around 11:00 A.M. Sarno agreed to

have lunch with Lopez outside the premises of the ETCS I.

 Since he was not feeling well at that time, she asked him to lie

down in the backseat of her car. He was surprised when she

brought him to Imperial Court on Aguinaldo Street, Bacolod

City. Once inside the motel room, she kissed him at the back

and neck and placed her hand inside his trousers. He resisted

her advances but she was too strong for him. He stopped only

when she got angry at him.;

K. On November 26, 2017, defendant asked Sarno to come with

her so that they could talk in private. She again brought him to

Imperial Court. As soon as they were inside the room, she took

off her shirt, skirt, and brassiere, lay down in bed and told him,

lakat di bala anay Giovs, diri nalang ta storya. Sarno refused but

she dragged him towards the bed, kissed him in the lips, neck

and touched Sarno’s genitals. Her hands were exploring

Sarno’s body and eventually, she gave Sarno a blowjob.;

L. He struggled to stop her but she overpowered him. She went on

top of him, fully lowered his pants and touched his private part

again. She tried to insert Sarno’s penis but he pushed her away

forcefully and he sat up in bed. She hugged him tightly saying,

Sige na bala, Giovs, pati na bala. Pasugot na daw ikaw pa ya mang

hindi. Ano ka agi? Hindi naman ka pagsakiton kay di man na sakit.

Sarno refused and said, Dee, hindi ko ya. Nagpromise ko kay mama

na marespeto ko bayi. Ginarespeto taka Dee. She angrily stood up

 saying, Fine, hindi na ta ya magstorya-storya ah. Talaka simo. Dont

come to the faculty room anymore. You know I need this and if

you will not give in or give it to me, let us end this. He replied,

Dee , hindi pako ya ready kag hambal mo hampang hampang lang

ning atun. Hambal mo hulton mo ko mag 18 para legal na ta. She

insisted that there was no difference between having sex then

and after his 18th birthday. She told him,” ang iban na

gakarakasa na madula ila virginity ikaw ya daw hadlok pa. Wala man

na deperensya kay lalaki kaman ya. She told him, Magamu man lang

na, untat nalang ta sang relasyon ta.” Pressured and afraid of her

threat to end their relationship, he hesitantly replied Fine. On

hearing this, she quickly undressed while commenting ihatag

mo man gali, gapapilit kapa and laughed. They had sexual

intercourse.;

M. In July 2018, Sarno ended his relationship with Lopez. He

learned that she was either intimately involved with or was

sexually harassing her students in ETCS I and in other schools

where she taught. Depressed and distressed, he confided all

that happened between him and defendant to her mother,

Rosemar Sarno.;

N. On learning what his son underwent in the hands of Lopez,

Rosemar filed an administrative complaint in Department Of

Education Division of Bacolod City against her. She also lodged

 a complaint in the Office of the City Prosecutor of Bacolod City

which led to the filing of Criminal Case No. 00-0691 for

violation of R.A. 7610 Child Abuse Law.

2. The elements of sexual abuse under Section 5, Article III of RA 7610

are the following:

a. The accused commits the act of sexual intercourse or lascivious

conduct;

b. The said act is performed with a child exploited in prostitution or

subjected to other sexual abuse; and

c. The child, whether male or female, is below 18 years of age.

Under Section 32, Article XIII of the Implementing Rules and

Regulations of RA 7610, lascivious conduct is defined as follows:

a. The intentional touching, either directly or through clothing, of the

genitalia, anus, groin, breast, inner thigh, or buttocks, or the

introduction of any object into the genitalia, anus or mouth, of any

person, whether of the same or opposite sex, with the intent to abuse,

humiliate, harass, degrade, or arouse or gratify the sexual desire of

any person, bestiality, masturbation, lascivious exhibition of the

genitals or pubic area of a person.

3. That I, Giovanne Sarno, represented by Rosemar Sarno, executed

this affidavit to support my complaint against Grandee Lopez for

violation of Republic Act 7610.

 PRAYER

WHEREFORE, after due notice and hearing, Plaintiff

respectfully prays that judgment be rendered against the Defendant

as follows:

1. Ordering the Defendant to pay Plaintiff the sums of:

a. Two Hundred and Thirty-Eight Five Hundred and

Forty-six and Eighty-eight Centavos (PhP 238,546.88)

representing Defendant's Outstanding Balance plus

interest at the rate of six percent (6%) per month as the

legal interest rate;

b. One Hundred Thousand Pesos (Php 100,000.00) and

an appearance fee of Two Thousand Pesos (PhP

2,000.00) per hearing;

c. Ten (10%) percent of the total amount due as

Collection Charges / Liquidated Damages;

d. The costs of suit.

2. Plaintiff respectfully prays for such other reliefs as may be

just and equitable in the premises.

Bacolod City, Philippines, January 16, 2019.

ATTY. KRISTEL ANN D. DEVELOS

Counsel for Plaintiffs
TAN, DEVELOS AND CABALLERO LAW FIRM
7th Floor, MT3 Building, Lacson Street,
 Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Bacolod City
IBP NO. 123456, 01/04/14, Bacolod City
MCLE Comp. No. IV-0009876, 01/02/14
REPUBLIC OF THE PHILIPPINES)
CITY OF BACOLOD ) SS.
x----------------------------x

VERIFICATION AND CERTIFICATION

I, ALEX C. SOLEDAD, of legal age, Filipino, single, and a resident

of Sta, Clara Executive Subdivision, Mandalagan, Bacolod City, Philippines,
after being sworn in accordance with law, hereby depose and say:

(1) That I am the President of the Plaintiff Corporation in the above-

entitled case;

(2) That I have caused the preparation of the above Complaint and I
have read the same and understood the contents thereof;

(3) That the allegations contained therein are true and correct of my
own personal knowledge and based on authentic records.

(4) That I further certify that: I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; if I should
thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th

day of January 2019 at Bacolod City, Philippines.

ALEX C. SOLEDAD
Affiant
TIN 98765-003; Bacolod City
 SUBSCRIBED AND SWORN to before me, this 6th day of
December 2014, affiant exhibiting to me his Tax Identification Card as
shown above below his name as competent evidence of his identity.

ATTY. KRISTEL ANN D. DEVELOS

Counsel for Plaintiffs
TAN, DEVELOS AND CABALLERO LAW FIRM
7th Floor, MT3 Building, Lacson Street,
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Bacolod City
IBP NO. 123456, 01/04/14, Bacolod City
MCLE Comp. No. IV-0009876, 01/02/14

Doc. No. 5;
Page No. 2;
Book No. 1;
Series of 2014;