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Rape (Affidavit)

(1) Charisse Makahilo filed a complaint against Josh Chua for rape under Article 266 of the Revised Penal Code. (2) On September 15, 2016, Chua invited Makahilo to his house to play games. Instead, he pulled her into a shed, threatened her with a knife, and raped her. (3) Makahilo was only six years old at the time, qualifying the act as statutory rape under Philippine law. The complaint requests prosecution of Chua for rape.
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0% found this document useful (0 votes)
68 views2 pages

Rape (Affidavit)

(1) Charisse Makahilo filed a complaint against Josh Chua for rape under Article 266 of the Revised Penal Code. (2) On September 15, 2016, Chua invited Makahilo to his house to play games. Instead, he pulled her into a shed, threatened her with a knife, and raped her. (3) Makahilo was only six years old at the time, qualifying the act as statutory rape under Philippine law. The complaint requests prosecution of Chua for rape.
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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

OFFICE OF THE CITY PROSECUTOR

MABALACAT CITY

Charisse D. Makahilo

Complainant

-versus- Iss No. 246890

Josh S. Chua For. RAPE

Respondent

x----------------------------------------x

COMPLAINT-AFFIDAVIT

I, Charisse y, Makahilo, Filipino, of legal age, and with residence at 123 Thousand Sunny, Roar St. Brgy.
Sta Maria, Mabalacat City, after having been duly sworn in accordance with law, hereby depose and
state that: (1) This complaint-affidavit is being filed to charge Josh S. Chua, Filipino, of legal age, and with
residence at 124 Thousand Sunny, Roar St. Brgy. Sta. Maria, Mabalacat City of the crime of Rape under
Article (Art.) 266 of the Revised Penal Code (RPC), committed as follows:

(a) On September 15, 2016, at around 4 p.m., Jo Jay dropped by and invited me to play chutes and
ladders at Chua's house while I was playing Valorant in a laptop.

(b) On the route to their house, we passed by a little, low building that turned out to be Mazon’s shed
and pulled me and Jay inside.

(c) Then Mazon closed the door, pulled out a fan knife, pressed it up against us, and said, "I'm sorry, but
I have to tell you that you are not welcome here.We shouted, “Subukan niyo mag ingay, kung hindi
papatayin ko kayo!

(d) Chua then instructed me to stand on the toilet bowl's rim with my back to him and handed me off to
Mazon. I obeyed him because I was afraid for my life.

(e) Chua removed his short pants down to his knees and then forced me to remove my underwear and
hit me in the head in order for me to obey him to put his penis inside my vagina

(f) Chua again raised the knife to Santos after fulfilling his carnal wants.

and said, “Gumaya ka sa gagawin ko”


(2) Carnal knowledge, force or coercion, and the act being performed without the woman's knowledge,
against her will, while she is younger than twelve (12) years old, unconscious, or otherwise unable of
giving consent are all considered aspects of rape.

(3) Considering what has been said thus far, it is beyond doubt that respondent Josh Chua committed
the offense of The RPC's Article 266 makes rape a crime. Even though I was just six years old, he had sex
with me. According to our laws, this qualifies as statutory rape.

(4) In addition, the punishment for rape is perpetual exclusion to death whenever it involves the use of a
dangerous weapon or two or more perpetrators.

AFFIANT FURTHER SAYETH NAUGHT

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of September 2019, in Mabalacat
City.

Charisse D. Makahilo

Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 27th day of September 2019 in Mabalacat 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.

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