REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
CALOOCAN CITY
ANNALYN MERCADO SANTOS,
Complainant,
-versus- NPS NO. XV- _______________
For: Rape through Sexual
Intercourse and Rape
Through Sexual Assault
under Article 266-A of the
Revised Penal Code &
Violation of Sec. 5(b) of RA
7610
TEODORO LEDESMA ANSANO,
Respondent
X--------------------------------------------X
COMPLAINT- AFFIDAVIT
I, ANALYN MARIANO SANTOS, Filipino, minor, a resident of
23 Mahogany Street, Phase 10A, Bagong Silang, Barangay 176,
Caloocan City after having been sworn in accordance with the law,
hereby depose and state:
1. I, the 15-year-old complaining witness in this complaint-
affidavit, is charging herein respondent, TEODORO ANSANO,
Filipino, of legal age, resident of 1236 Sampaguita street, Area
D, Camarin, Barangay 174, Caloocan City of the crime of Rape
through Sexual Intercourse and Sexual Assault, committed
as follows:
2. I first met the Respondent in the Municipal Building. There I
learned that he is the uncle of my friend.
3. On April 6, 2005, at about 5:00 o’clock in the afternoon, I was
walking towards GGG River in Caloocan City and within the
jurisdiction of this court, wearing red shirt and school uniform
skirt, to fetch my father who sells goods on the said place.
There, I saw respondent wearing a long-sleeved shirt and long
pants used in the farm.
4. All of a sudden, and against my will, I was forced by respondent
to come with him towards the falls near the Narra tree.
5. Respondent poked me with his bolo and threatened to kill me if
I refuse to abide with his demands.
6. When we were nearing the falls, Respondent held my shoulders
tightly and dragged me to a secluded area, shrouded with
bamboo trees and coconuts. I was asked to sit down and not to
shout, while Respondent continuously poked me with his bolo.
7. Through force and intimidation, respondent removed my
clothes, laid me down on the floor, kissed my neck and placed
his penis into my mouth. This traumatizing experience caused
me to vomit and sobbed in tears.
8. Thereafter, Respondent inserted his penis into my vagina,
which caused me to suffer in pain.
9. Respondent rested for a while and repeated the said heinous
act. After he was finished, he put on his clothes and directed
me to remain lying down until he is completely gone.
10. Respondent instructed me not to tell anyone of the
incident. He threatened and warned me that he will always keep
an eye on me. He said that he fully knows me and my parents,
the time when I go to church, the time I go to bed, and my usual
rigor with my cousin.
11. After Respondent left towards Narra, I hurriedly put on my
clothes and went home. When I reached home, my mother saw
me crying and she asked me of what had happened and I
informed my mother that I was raped.
12. After knowing the circumstances, my father went back to
the place of incident to find my abuser, however his search was
futile. Subsequently, the matter was reported by my father to
the police authorities.
13. On the same day of the incident, I went to ZZZ Provincial
Hospital to undergo medical examination. At that time, I was
just thirteen (13) years old, supported by my Certificate of
Baptism, issued by the Santo Cristo of Bulacan, Valenzuela,
Metro Manila, herein attached as Annex “A”.
a. The said certificate states that my birth date is on
September 14, 1991 and my baptism date happened on
September 25, 1991.
b. Unfortunately, I don’t have a Certificate of Live Birth as the
midwife who attended my birth went abroad without first
registering it.
c. The said medical examination conducted by Dr. Rey
Meneses, Medical Director of ZZZ Provincial Hospital,
confirms that there were deep lacerations on the vaginal
wall of the victim and with emission and traces of semen
found in uterine lining. There was also hematoma found
at the neck of the complainant. The said evidence is
marked as Annex “B”.
14. I only came to know Respondent’s identity when I saw him
in our own house on March 19, 2006, while he was having a
drinking spree with my father.
15. I was able to recognize (“namumukhaan”) the Respondent
because of the latter’s scar, “butil-butil” on his face, his
moustache, and the “medyo singkit” eye feature.
16. I later on knew Respondent’s name when I went to the XXX
Municipal Hall, where the latter was detained because of a case
filed by BBB.
17. The authorities showed her Respondent’s picture, which I
had examined clearly, and thereafter confirmed, with certainty,
as the same person who raped me.
18. The above narration of facts is supported by
THE CHARGE OF RAPE THROUGH SEXUAL ASSAULT
19. Based on the foregoing, I hereby charge the respondent of
the crime of Rape through Sexual Assault under Art. 266-A,
par. 2 of the Revised Penal Code.
a. Under the provision of this law, the crime is held to be
consummated when the offender commits an act of sexual
assault, through force, threat or intimidation, or through
fraudulent machination or grave abuse of authority, by
inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal
orifice of another person.
20. It is evident from the circumstances presented that all the
elements of the said crime were committed. Undeniably,
respondent’s act of holding my shoulders tightly and forcing me
to submit to his orders with the use of his bolo, constitutes force
and intimidation.
(a) Force, as dictated by law, is the said force that is sufficient
enough to consummate the culprit’s purpose of copulating
with the offended woman. The amount of force or violence
necessary in rape is naturally relative on the age, size and
strength of the victim.1
(b) Intimidation, on the other hand, is the act of the offender
that is enough to produce fear on the part of the victim, in
order to force her, to yield from the offender.2
(c) The actions committed by respondent is enough to impose
fear to the 13-year-old victim and forced me to submit to
his orders for him to successfully consummate the crime
of Rape.
21. By these reasons, he was able to successfully inserted his
penis into my mouth which is an important element of the crime
of Rape through Sexual Assault.
THE CHARGE OF RAPE THROUGH SEXUAL INTERCOURSE
22. Likewise, I hereby charge the respondent of the crime of
Rape through Sexual Intercourse under Art. 266-A,
paragraph 1 of the Revised Penal Code. The elements of the
said crime are as follow:
(a) That the offender is a man;
(b) That the offender had a carnal knowledge of a woman;
1 People vs Savellano, G.R. No. L-31227, [1974]
2 People vs Tabugoca, G.R. No. 125334, [1998]
(c) That such act is accomplished under by the use of fraud
or intimidation or by means of fraudulent machination or
grave abuse of authority.
23. On the said provision of the law, the contact of male penis
with the woman’s vagina is also an essential element of the
crime.3 The slightest penetration is enough to consummate the
said crime.4
24. Indubitably, all the essential elements are present to
consummate the crime of Rape through Sexual Intercourse.
25. First, respondent, being the offender in this case, is a man.
Complainant, who is the victim in this case, is a woman.
26. Second, respondent had carnal knowledge with the
complainant, against the latter’s will, and through force and
intimidation, as established above.
27. Lastly, respondent successfully ha carnal knowledge with
the victim, when he inserted his penis to my vagina. Attached
herein is the medical report stating that I sustained lacerations
by reason of the said incident.
28. It is also noteworthy that the respondent committed the
offense twice. First was after he committed the act of Rape
through sexual Assault and the subsequent one was after he
took a rest and committed again the act of carnal knowledge
against me.
THE CHARGE OF VIOLATION OF RA 7610
29. It is also apparent on the foregoing and by reason of
complainant’s minority, the said acts committed against her
3 People vs Soriano, G.R. No. 142779-95, [2002]
4 People vs Selfaison, et al., G.R. No. L-14732, [1961]
also violates Republic Act 7610 or the “Special Protection of
Children Against Abuse, Exploitation and Discrimination
Act”.
30. The said law provides that anyone who commits an act of
sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse violates the said
statutory law. The “child” refer herein is any person below 18
years of age or one over said age and one who, upon evaluation
of a qualified physician, psychologist or psychiatrist, is found to
be incapable of taking care of himself fully because of a physical
or mental disability or condition or of protecting himself from
abuse5
31. Under the same rules, sexual abuse includes the
employment, use, persuasion, inducement, enticement or
coercion of a child to engage in, or assist another person to
engage in, sexual intercourse or lascivious conduct or the
molestation, prostitution, or incest with children. On the other
hand, lascivious conduct means the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into
the genitalia, anus or mouth, of any person whether of the same
or opposite sex, with an intent to abuse, humiliate, harass,
degrade or arouse or gratify the sexual of any person, bestially,
masturbation, lascivious exhibition of the genitals or public
area of a person.6
32. In this case, the complainant is a minor and was sexually
abused by the accused, based on the foregoing qualifications
mentioned by the said statutory law. The presence of coercion
5 RA 7610
6 Rules and Regulations on the Reporting and Investigation of Child Abuse Cases
is undeniable considering that he was forced to commit the
sexual act through harassment.
33. Moreover, the act of the accused in inserting his penis into
complainant’s mouth and genitalia clearly establish accused
intent to abuse, and harass the former to gratify his sexual
desires.
POST-FACE
34. I am executing this complaint- affidavit to attest the truth
of the foregoing facts and to charge respondent for Rape
through Sexual Assault and Rape through Sexual
Intercourse, and for other intents and purposes this may serve.
IN TRUTH WHEREOF, I have hereunto affixed my signature this
4th of December 2006 at Caloocan City.
AAA,
Complainant
SUBSCRIBED AND SWORN to before me this 4th of December
2006 at Caloocan City, Philippines. I further certify that I have
examined the affiant and I am satisfied that she voluntarily executed
and understood the same.
Atty. John Cyrei Kennedy C. Tamo
Assistant Prosecutor
