REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION OFFICE
OFFICE OF THE CITY PROSECUTOR
CITY OF TAGBILARAN

Maria Porbida Agwanta,

Complainant,

-Versus- NPS VII-12-45A-14532

For: Rape
Jose De Rizal,
Respondent.
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COMPLAINT-AFFIDAVIT

I, MARIA PORBIDA AGWANTA, of legal age, Filipino, with assistance of counsel,

and with residence at Tamblot Street, Tagbilaran City, Bohol, after having been duly sworn in
accordance with law, do hereby depose and state that:

1. I am a college student, taking up Tourism at Bohol Colleges, Tagbilaran City. My

father is a tricycle driver and my mother is a housemaid at Mr. Jose De Rizals residence, whom
we fondly called as Kuya Joe. His house is just a few meters away from our house;

2. Kuya Joe is 52 years old, married but separated-in-fact with his wife for several years
already. He owns a gasoline station in the city and has a son working abroad. He often teased me
that he wanted me to be his sons girlfriend;

3. On weekends, I helped my mother in her chores at Kuya Joes residence so I can earn
some amount for my allowance;

4. In October 2016, my mother got really sick, so she took leave from work. Kuya Joe
requested if I can substitute my mother because according to him, he really needed assistance as
he was expecting visitors coming over. So, I went. Furthermore, he requested if I can stay
overnight and without any malice, I agreed.

5. As I was about to sleep in one of the rooms in his house, Kuya Joe knocked the door
so I opened it and there I saw him holding a gun. He looked at me from head to toe and my knees
were already trembling because I got scared. He then asked me if I wanted to earn Php20, 000.00
in one night in exchange for sex. I said No and as I was about to slam the door, he held my
hands, grabbed my head and pushed me to the bed. He threatened to kill me if I shout. My
struggles to escape were of no match for Kuya Joes strength, who proceeded to take off my
pants and underwear, climbed on top of me, started kissing me, caressed my breasts, spread my
legs wide and inserted his penis into my vagina. I cried so hard and pleaded Kuya Joe not to do
it. He slapped my face many times and wrapped a towel around my mouth as I was shouting so
loud. I was weak while he continued thrusting his penis into my vagina until he succeeded to
satisfy his lust. He then threatened to kill me if I told my family about it;
 6. The next morning, I went home with bruises all over my body. My father asked what
happened and I couldnt stop crying. I told everything to my father;

7. Appalled by what happened, my father and I went to the police station to report the
crime 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. A copy of the Medico-Legal Report is
likewise hereto attached and made an integral part hereof as Annex B;

8. The elements of rape as provided in paragraph 1 of Article 266-A of the Revised Penal
Code of the Philippines 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 old or when she is deprived of reason or otherwise unconscious;

9. Added to that, Paragraph 2 of Article 266 provides the elements of rape by sexual
assault wherein it is committed by any person who, under any of the circumstances mentioned in
the superseding paragraph, shall commit an act of sexual assault by inserting his penis into
another persons mouth or anal orifice, or any instrument or object, into the genital or anal orifice
of another person;

10. Based on the foregoing, it is beyond cavil that respondent Jose De Rizal committed
the crime of rape punishable under Art. 266 of the RPC;

11. Furthermore, 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;

12. I am executing this affidavit to attest to the truth of the foregoing facts and for
charging herein respondent Mr. Jose De Rizal aka Kuya Joe, Filipino, of legal age and with
residence at Tamblot Street, Tagbilaran City, of the crime of Rape punishable under Article 266
of the Revised Penal Code of the Philippines and of Republic Act No. 8353, the Anti-Rape
Law of 1997.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit this

th
15 day of December 20016, in Tagbilaran City.

MARIA PORBIDA AGWANTA

Complainant/Affiant
 SUBSCRIBED and SWORN to before me this 15th day of December 2016, affiant
exhibited to me her CTC No. 267546 dated May 09, 2016 issued at Tagbilaran City

Atty. JANICE POLINAR-REID

Investigating Prosecutor

CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT

AND I AM FULLY SATISFIED THAT SHE VOLUNTARILY EXECUTED AND
UNDERSTOOD THE CONTENTS OF HER COMPLAINT-AFFIDAVIT.

Atty. JANICE POLINAR-REID

Investigating Prosecutor