Republic of the Philippines

6th
Judicial Region
OFFICE OF THE CITY PROSECUTION
Iloilo City

MACY ANNE P. MALUMBAY,

In behalf of her minor daughter,
MARIE ANGELA P. MALUMBAY,
Complainant
FOR: Violation of
Article 266-A (RAPE) of
R.A. 3815

-versus-

CARLITO B. AGUSAN,
Respondent.
x------------------------------------------------x

COMPLAINT-AFFIDAVIT
PREFATORY STATEMENT

This is the complaint-affidavit of complainant, MACY

ANNE P. MALUMBAY, Filipino, of legal age, married and a
resident of Blk 13 lot 7,Phase 1-B, Carolina, Arevalo, Iloilo
City. The statements were taken and recorded based on the
examination made by Atty. Mary Anthonette Managaytay,
Notary Public for Iloilo, including the cities of Roxas , at the
office of the same lawyer on _____________.

The complainant answered under oath in the English

language and had sworn that she understood her statements
made here and stands for their veracity. She was made aware
that she made these statements under oath and fully
conscious that she may face criminal liability for false
testimony or perjury.

PURPOSE(S) OF THE AFFIDAVIT

This complaint-affidavit in judicial affidavit form is offered

pursuant to Administrative Matter No. 12-8-8-SC, for the
following purposes:

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 1. To establish probable cause for the filing of an
information for Violation of Art 266-A (RAPE) of the
Revised Penal Code (RA 3815) against Carlito B. Agusan;

2. To identify and testify on relevant and material

documents; and

3. To prove other relevant matters.

The following questions and answers were asked and recorded:

QUESTION 1: Please state your name, age, civil status,

occupation and present address.
ANSWER 1: I am MACY ANNE P. MALUMBAY, of legal age,
widow, a government employee and a resident
of Blk 13 lot 7, Phase 1-B, Carolina, Arevalo,
Iloilo City.

QUESTION 2: What brought you to this office?

ANSWER 2: I am going to make a complaint-affidavit.

QUESTION 3: In which language do you prefer your affidavit

to be made?
ANSWER 3: In English.

QUESTION 4: What is the purpose of the affidavit?

ANSWER 4: It is for the filing of a criminal case against
Carlito B. Agusan.

QUESTION 5: Are you aware that you are only to tell the
truth and nothing but the truth and any false
testimony you make will make you criminally
liable?
ANSWER 5: Yes, ma’am.

QUESTION 6: Who is this Carlito B. Agusan?

ANSWER 6: He was my brother-in-law. He is former

seaman and now a freelance mechanic. I have
here with me a picture of him. (Hands picture
to examining lawyer)

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QUESTION 7: Is this man on this picture the same man who
violated your daughter?
ANSWER 7: Yes, ma’am.

QUESTION 8: Do you agree to attach this picture1 to this

complaint affidavit as ANNEX-A?
ANSWER 8: Yes, ma’am.

QUESTION 9: Why are you now filing a criminal case for

violation of Art 266-A (Rape) against Mr.
Agusan?
ANSWER 9: Because he had sexual intercourse with my
minor daughter, Marie Angela P. Malumbay.

QUESTION 10:How old is Marie Angela P. Malumbay?

ANSWER 10: She was born on July 17, 2004. She just
turned fifteen (15) last July 17, 2019. I have
here the original copy of her NSO issued
Certificate of Birth. (Complainant hands the
Certificate of Birth to examining lawyer)

QUESTION 11: Do you agree to attach this Certificate of

Birth2 to this Complaint Affidavit as ANNEX-
B?
ANSWER 11: Yes, ma’am.

QUESTION 12:How old was she when Mr. Agusan violated

her?
ANSWER 12: She was fourteen (14) years old when I caught
Carlito in the act of raping her last March 13,
2019.

QUESTION 13: Can you tell me what transpired on March 13,

2019?
ANSWER 13: On February 13, 2019, I arrived home from
work at around 04:00 in the afternoon. I
usually arrive home at around 06:00 in the
afternoon but since I wasn’t really feeling well,
I asked permission from our head to go home
early. There are only the two of us in our house
because my husband is a seaman and would
usually go home after 6 months depending on
his contract.
1 Please refer to the copy of the picture hereto attached as ANNEX-A.
2 Please refer to the copy of the Certificate of Birth issued by NSO hereto attached as ANNEX-B.

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 When I entered the house, I noticed that no
one was around. As I was about to enter my
daughter’s room, I heard noises coming from
the inside. It was them where I saw my
brother-in-law, Carlito, having carnal
knowledge with my daughter, Marie Angela. He
was on top of her, with his pants down, and
his penis inserted in her vagina.

QUESTION 14: What did you do right after?

ANSWER 14: I screamed for help then I immediately
grabbed a chair inside my daughter’s bedroom
then I started hitting Carlito. He was caught off
guard, he quickly stood up and he shielded
himself from my attacks. I tried to fight back
but he was stronger, he pushed me and I fell
back and hit the bedside table. It was a good
thing that our Brgy. Captain, Jose, who was
our next –door neighbor, came to our rescue.
He heard my scream and he went inside our
house.

QUESTION 15: What happened next?

ANSWER 15: Upon seeing Jose, Carlito ran out of the
house. Jose then ran after Jose. I did not run
after them because I was more concerned with
my daughter. I checked if she had any wounds
or injuries. After finding none, I asked her to
put on her clothes and underwear that was
discarded on the bed and then I covered her
with a blanket and I immediately brought her
to Western Visayas Medical Hospital .

QUESTION 16: What happened at Western Visayas Medical

Hospital ?
ANSWER 16: When we arrived at the Emergency Room (ER) I
explained to the receiving staff about what
happened. They were the ones who called the
police. We were likewise assisted by one Kyla
Cruz who introduced herself to us as a
representative of the Department of Social
Welfare and Development (DSWD).

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 Kyla and I prodded Marie to tell us what
happened. Marie was very hesitant to talk at
first but when we finally convinced her to
confess to us. She told us that she was just
playing with her ipad at the living room when
Carlito came to our house drunk. He then
asked her to accompany him to her bedroom.
He told her that he bought a gift for her. She
was hesitant to enter our room at first but
when he showed her the box of a shoes, she
then complied. It was then that he pushed
down the bed. He threatened her. He said that
if she would scream or fight back, he would kill
her. She tried to struggle free but because
Carlito was stronger and bigger than her. She
tried her best to fight back but he succeeded
into forcing himself inside her.

QUESTION 17: What happened after the interview?

ANSWER 17: My daughter was then brought to the
examination room and there she was examined
by Dr. Catherine Go. It was found out that my
daughter suffered vaginal lacerations. Dr.Go
issued this Medical Certificate to that effect.
(Hands the Medical Certificate to examining
lawyer)

QUESTION 18: Do you agree to attach this Medical

Certificate3 as ANNEX-C to this complaint
affidavit?
ANSWER 18: Yes, ma’am.

QUESTION 19: What happened next?

ANSWER 19: Dr. Diane Ambrosio, who is a psychologist from
Western Visayas Medical Hospital conducted a
psychological examination and post- traumatic
stress counselling. I have here with me the
copy of the psychological report made by Dr.
Verona. (Hands the documents to examining
lawyer)

3 Please refer to the copy of the Medical Certificate hereto attached as ANNEX- C.

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QUESTION 20: Do you agree to attach this Psychological
Report4 as ANNEX- D to this complaint
affidavit?
ANSWER 20: Yes, ma’am.

QUESTION 21: What happened next?

ANSWER 21: A Police Officer who introduced himself to us
as PO3 Ricardo Dalisay took our statements
and he assisted us in filing the Police Blotter of
the case. I have here with me the copy of the
said Police Blotter (Hands the Documents to
examining Lawyer). My daughter also answered
some questions from the lady in charge of the
women’s desk. The DSWD social worker was
there to oversee the interview. (Hands the
Sinumpaang Salaysay taken from the victim in
original vernacular version and translated
copy)5

QUESTION 22: Do you agree to attach this Police Blotter6 to

this Complaint Affidavit as ANNEX- F?
ANSWER 22: Yes, ma’am.

QUESTION 23: What happened next?

ANSWER 23: We stayed at the hospital overnight as
recommended by the doctor in order to monitor
my daughter’s condition. After that we went
home.

QUESTION 24: What did you do next?

ANSWER 24: I decided to file this rape Case against Carlito
in order to obtain justice for my daughter.

QUESTION 25:Are you aware that you made these statements

under oath and fully conscious that you may
face criminal liability for false testimony or
perjury?
ANSWER 25: Yes, ma’am.

QUESTION 26:Are you willing to affix your signature here in

order to prove that you have voluntarily made

4 Please refer to the copy of the Psychological Report hereto attached as ANNEX-D.
5 Please refer to the Sinumpaang Salaysay with translation hereto attached as ANNEX-E
6 Please refer to the excerpt of Police Blotter with crime scene photo hereto attached as ANNEX-
F.

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 this affidavit and also understood the contents
herein?
ANSWER 26: Yes, ma’am.

QUESTION 27:Is there anything else that you wish to say?

ANSWER 27: None at the moment, ma’am.

x------END OF INQUIRY------x

4. The elements of rape are carnal knowledge of a woman

under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reaseon or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse
of authority; and
d. When the offended party is twelve (12) years of age
or is demented, even though none of the
circumstances above be present;

5. Based on the foregoing, it is beyond the cavil that the

respondent Carlito B. Agusan committed the crime of
rape punishable under Art. 266-A of the RPC. That he
had a carnal knowledge with a minor through force,
threat or intimidation. Which constitutes rape in our
law;

6. Further, under Art. 266-B of the RPC, the death penalty

shall also be imposed if the crime of rape is committed
when the victim is under eighteen (18) years of age and
the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the
parent of the victim.

Republic of the Philippines )

Iloilo City ) S.S.

AFFIANT’S OATH AND ATTESTATION

I, MACY ANNE P. MALUMBAY, Filipino, of legal capacity

and competence to comprehend without any vice of consent,

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hereby attest to have voluntarily and truthfully made the
answers to the foregoing questions.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this day, March 17, 2019, in Iloilo City, Philippines.

MACY ANNE P. MALUMBAY

Affiant

SUBSCRIBED AND SWORN to before me, this day,

March 17, 2019, in Iloilo City, Philippines, affiant being
personally known to me.

Doc. No.:____
Page No.:____
Book No.:____
Series of 2019.
Counsel for the Complainant

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 EXAMINING LAWYER’S SWORN ATTESTATION

I, ATTY. ATTY. MARY ANTHONETTE MANAGAYTAY,

Filipino, of legal age, single, a member in good standing of the
Integrated Bar of the Philippines, Iloilo Chapter and with office
address at Delgado St., Iloilo City, hereby depose under oath
that:

1. I have faithfully recorded or cause to be recorded in

my laptop computer the questions I have asked to the
above witness and the corresponding answer that the
witness gave; and
2. I have not nor any person present assisted or coached
the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this day, _______________, in the City of Iloilo,
Philippines.

ATTY. MARY ANTHONETTE

MANAGAYTAY
Affiant

SUBSCRIBED AND SWORN to before me this day,

________________, in the City of Iloilo, Philippines, affiant being
personally known to me.

Doc. No.:____
Page No.:____
Book No.:____
Series of 2019.

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 VERIFICATION AND CERTIFICATION OF NON-
FORUM SHOPPING

I, MACY ANNE P. MALUMBAY, of legal age, married,

Filipino, and a resident of Blk 13 lot 7,Phase 1-B, Carolina,
Arevalo, Iloilo City , after being sworn in accordance with law,
hereby state that:

1. I am the mother of MARIE ANGELA P. MALUMBAY

who is a minor and the offended party of this foregoing
case;

2. I have caused the filing of this Complaint Affidavit for

violation of Art 266-A( Rape) of the Revised Penal Code
against Carlito B. Agusan in behalf of my minor
daughter;

3. I have read the contents and the allegations thereof

and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of
documents and records in my possession;

4. To the best of my knowledge and belief, no such action

or proceeding is pending in the Supreme Court, the
Court of Appeals, or any other tribunal or agency; and

5. I should thereafter learn that a similar action or

proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact and
the status of the same within five (5) days therefrom to
this Honorable Commission.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this day, ___________________, in Iloilo City,
Philippines.

MACY ANN P. MALUMBAY

Affiant

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 SUBSCRIBED & SWORN to before me this day,
______________, in Iloilo City, Philippines, affiant being
personally known to me.

Doc. No.__
Page No.__
Book No.__
Series of: 2019.

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