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REPUBLIC OF THE PHILIPPINESDEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICEOFFICE OF THE CITY PROSECUTOR
MAKATI CITY
Jennylyn A. ManzanoComplainant
vs. I.S. No. ____________ For: Rape
Patrick A. MercadoRespondent.
x-----------------------------------------------------------------------------------------x
COMPLAINT-AFFIDAVIT
I, JENNYLYN AVANZADO MANZANO, Filipino, of legal age, and
with residence at No. 67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati
City, after having been duly sworn in accordance with law, hereby depose
and state that:
(1)This complaint-affidavit is being filed to charge Patrick A. Mercado a.k.a
“Kuya Pat-Pat”, Filipino, of legal age, and with residence at No. 12
Bautista Street, Barangay Palanan, Makati City, of the crime of Rape
under Article (Art.) 266 of the Revised Penal Code (RPC), committed as
follows:
(a)On 5 May 1998, at around 10:00 in the morning, I was barely 5 years
of age and playing outside my house when Luis Trillo came by and
invited me to play computer games with him at the house of
Mercado.
(b)On the way to their house, we passed by a narrow path where
Mercado suddenly pushed me and Luis Trillo inside a small, low
building, which turned out to be Mercado’s comfort room.
(c)Mercado then barred the door, whipped out a fan knife and poked it
against us and told us “Huwag kayo mag-iingay, kung hindi
papatayin ko kayo!”
(d)Mercado then asked me to step on the rim of the toilet bowl facing
him and for Trillo to hold me from behind. Out of fear for my life, I
followed his orders.
(e)While I was standing on the toilet bowl with my legs apart and Trillo’s
arms tightly around my waist, Mercado drew his short pants down to
his knees, and after lowering my underpants, he inserted his penis
into my vagina.
(f) After satisfying his carnal desires, Mercado once again pointed the
knife at Trillo and told him “Gayahin mo ako! Ipasok mo ang ari mo
sa ari niya!”
(g)Trillo pretended to insert his penis to my vagina while Mercado was
masturbating.
(h)Thereafter, he reiterated his threats to kill us. He gave me a five-
peso coin and told me to buy candies with it, however I threw it
away.
(2)It took me several months before I was able to overcome my fear and
told my mother, Nora B. Manzano, what happened to me.
(3)Appalled by what happened, my mother and I went to the police station
to report the crime committed by Mercado 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”. Thereafter, I was examined by their
medico-legal officer. A copy of the Medico-Legal Report is likewise
hereto attached and made an integral part hereof as Annex “B”.
(4)Exactly one week ago, however, I was surprised to see Mercado walking
along our street, as I thought that the police had filed a formal complaint
with the fiscal on my behalf. Due to their failure to do so, and as I am
already presently of legal age, I am personally filing this formal
complaint.
(5)The elements of rape 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 of age or when she
is deprived of reason or other wise unconscious.
(6)Based on the foregoing, it is beyond cavil that respondent Patrick
Mercado committed the crime of rape punishable under Art. 266 of the
RPC. He had sexual intercourse with me even if I was just five years old.
This constitutes statutory rape as defined in our laws.
(7)Further, 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.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this 17 th day
of June 2011, in Makati City.
Jennylyn A. ManzanoComplainant/Affiant
SUBSCRIBED AND SWORN TO before me, this 17th day of June
2011 in Makati 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.
Prosecutor
ANNEX “A”
REPUBLIC OF THE PHILIPPINES )
CITY OF MAKATI ) S.S.
SINUMPAANG SALAYSAY
I am JENNYLYN AVANZADO MANZANO, Filipino, a minor, and with residence at No. 67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City, after having been duly sworn in accordance with law, hereby depose and state that:
1. On 5 May 1998, at around 10:00 in the morning, I was barely 5 years of age and playing outside my house when Luis Trillo came by and invited me to play computer games with him at the house of Mercado.
2. On the way to their house, we passed by a narrow path where Mercado suddenly pushed me and Luis Trillo inside a small, low building, which turned out to be Mercado’s comfort room.
3. Mercado then barred the door, whipped out a fan knife and poked it against us and told us “Huwag kayo mag-iingay, kung hindi papatayin ko kayo!”
4. Mercado then asked me to step on the rim of the toilet bowl facing him and for Trillo to hold me from behind. Out of fear for my life, I followed his orders.
5. While I was standing on the toilet bowl with my legs apart and Trillo’s arms tightly around my waist, Mercado drew his short pants down to his knees, and after lowering my underpants, he inserted his penis into my vagina.
6. After satisfying his carnal desires, Mercado once again pointed the knife at Trillo and told him “Gayahin mo ako! Ipasok mo ang ari mo sa ari niya!”
7. Trillo pretended to insert his penis to my vagina while Mercado was masturbating.
8. Thereafter, he reiterated his threats to kill us. He gave me a five-peso coin and told me to buy candies with it, however I threw it away.
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January 1999, in Makati City.
JENNYLYN A. MERCADO Affiant
SUBSCRIBED AND SWORN to before me this 4th day of January 1999 at Philippine National Police Station 123, Makati City. I further certify that I have personally examined the Affiant and I am satisfied that he/she voluntarily executed and understood his/her statement.
JUANA DELA CRUZ Administering Officer
Doc. No. _____;
Page No. ____;Book No. ____;Series of 1999.
ANNEX “A”
OSPITAL NG MAKATIMedical Record Division
Sampaguita St.,Pembo, Makati City
MEDICO LEGAL CERTIFICATE
January 5, 1999
TO WHOM IT MAY CONCERN:
This is to certify that Ms. Jennylyn Manzano, 5 years old, with residence at #67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City, was examined and treated in this hospital on January 4, 1999 with the following findings:
- shallow healed lacerations at 3 and 8 o’clock positions- in a non-virgin state physically
Issued this 5th day of January 1999, for whatever purpose it may serve.
This certificate is issued by authority of the Director:
Dr. Margarita Estrella Herras, M.D.