REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
MAKATI CITY

Nadine Lustre
Complainant
vs. I.S. No. 1
For: Rape
James Reid
Respondent.

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COMPLAINT-AFFIDAVIT

I, NADINE LUSTRE, Filipino, of legal age, and with residence

at No. 67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City,

after having been duly sworn in accordance with law, hereby depose

and state that:

(1)This complaint-affidavit is being filed to charge James Reid a.k.a

“Kuya James”, Filipino, of legal age, and with residence at No. 12

Bautista Street, Barangay Palanan, Makati City, of the crime of

Rape under Article (Art.) 266 of the Revised Penal Code (RPC),

committed as follows:

(a)On 3 January 2020, at around 10:00 in the morning, I was

barely 5 years of age and playing outside my house when Luis

Trillo came by and invited me to play computer games with him

at the house of REID.

(b)On the way to their house, we passed by a narrow path where

REID suddenly pushed me and Luis Trillo inside a small, low

building, which turned out to be REID comfort room.

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 (c) Mercado 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)Mercado then asked me to step on the rim of the toilet bowl

facing him and for Trillo 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

Trillo’s arms tightly around my waist, Mercado 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, REID once again pointed the

knife at Trillo and told him “Gayahin mo ako! Ipasok mo ang ari

mo sa ari niya!”

(g)Trillo pretended to insert his penis to my vagina while REID

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, Nora B. Lustre, what happened to me.

(3)Appalled by what happened, my mother and I went to the police

station to report the crime committed by REID 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

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 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 REID

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 15 th

day of January 2020, in Makati City.

Nadine Lustre
Complainant/Affiant

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 SUBSCRIBED AND SWORN TO before me, this 15 th day of

January 2020 in Makati City.

Prosecutor

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.

Prosecutor

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 ANNEX “A”
REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI ) S.S.

SINUMPAANG SALAYSAY

I am NADINE LUSTRE, Filipino, a minor, and with residence at No. 67 Sitio Capinpin,
Bautista St., Brgy. Palanan, Makati City, after having been duly sworn in accordance with law,
hereby depose and state that:

1. On January 3, 2020, at around 10:00 in the morning, I was barely 5 years of age and
playing outside my house when Luis Trillo came by and invited me to play computer
games with him at the house of Mercado.

2. On the way to their house, we passed by a narrow path where REID suddenly
pushed me and Luis Trillo inside a small, low building, which turned out to be
Mercado’s comfort room.

3. REID 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!”

4. REID then asked me to step on the rim of the toilet bowl facing him and for Trillo to
hold me from behind. Out of fear for my life, I followed his orders.

5. While I was standing on the toilet bowl with my legs apart and Trillo’s arms tightly
around my waist, Mercado drew his short pants down to his knees, and after lowering
my underpants, he inserted his penis into my vagina.

6. After satisfying his carnal desires, REID once again pointed the knife at Trillo and told
him “Gayahin mo ako! Ipasok mo ang ari mo sa ari niya!”

7. Trillo pretended to insert his penis to my vagina while REID was masturbating.

8. 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.

IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day of January 2020, in
Makati City.

NADINE LUSTRE
Affiant

SUBSCRIBED AND SWORN to before me this 4 THday of January 2020 at Philippine

National Police Station 123, Makati 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.

JUANA DELA CRUZ

Administering Officer

Doc. No. _____;

Page No. ____;
Book No. ____;
Series of 1999.

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 ANNEX “A”
OSPITAL NG MAKATI
Medical Record Division
Sampaguita St.,
Pembo, Makati City

MEDICO LEGAL CERTIFICATE

January 5, 2020

TO WHOM IT MAY CONCERN:

This is to certify that Ms. Nadine Lustre, 5 years old, with residence at #67 Sitio
Capinpin, Bautista St., Brgy. Palanan, Makati City, was examined and treated in this
hospital on January 4, 2020 with the following findings:

- shallow healed lacerations at 3 and 8 o’clock positions

- in a non-virgin state physically

Issued this 5th day of January 2020, for whatever purpose it may serve.

This certificate is issued by authority of the Director:

Dr. Margarita Estrella Herras, M.D.