I, SARAH GERONIMO, 17 years of age, Filipino, with residence and postal address at Door 1 Acacia St., Zone 1, Digos City, after being sworn in accordance with law, hereby depose and state that:
1. The accused, PIOLO PASCUAL, is my relative, being that his wife LORNA is the cousin of my mother DIVINE, and neighbour, residing at Door 1 Acacia St., Zone 1, Digos City;
2. On September 22, 2014, at around 7:00pm, I heard the accused whistle for me;
3. I went to the accused, thinking that he was going to send me out on an errand, whereupon, the accused brought me near a bench in the yard, and told me to remove my underwear, otherwise, he would kill me. As a result, I pulled down my underwear;
4. The accused then embraced me, pulled out his penis and inserted his penis into my vagina. The accused also prompted me to wrap my legs around his midsection. All the while, the accused kept on threatening me that Pasakitan taka ug ang imong mama kung mupalag ka ug kung mutug-an ka;
5. While in this position, my mother, DIVINE GERONIMO, saw what was being done to me, whereupon, the accused upon seeing my mother, put me down and grabbed a piece of wood, telling my mother that he was trying to kill cockroaches;
6. My mother got angry. She pulled me inside the house and spanked me so that I would tell the truth;
7. My mother then found out that I had no underwear. I told my mother everything that happened;
8. I was brought by my mother to the Digos Provincial Hospital where I was physically examined (Annex A), after which, I was brought to Digos Police Station to file an incident report (Annex B) and went to municipal council to file charges against the accused;
9. Upon consultation with my lawyer, I understand that the acts of the accused qualify for RAPE punishable under Article 266-A of the Revised Penal Code;
10. Article 266-A of the Revised Penal Code provides that RAPE is committed 1) by a man who shall have carnal knowledge of a woman under any of the following circumstances: xxx a) through force, threat or intimidation xxx;
11. I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of filing a criminal complaint for RAPE against the accused.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on September 25, 2014.
SARAH GERONIMO Affiant
SUBSCRIBED and SWORN TO BEFORE ME, this 25 th day of September 2014 at Digos City.
Michael O. Muhabal Investigating Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the Affiant and that I am satisfied that she voluntarily executed and understood her affidavit.