REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROSECUTOR

Taguig City
DENIECE MILLINETTE CORNEJO
Complainant,
-versus-

I.S. No. _______

For: Attempted Rape

FERDINAND Vhong NAVARRO

Respondent.
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COMPLAINT-AFFIDAVIT
I, DENIECE CORNEJO, 22 years of age, Filipino, with residence at 22th
Floor, Essensa Condominium, Taguig City, after being sworn in accordance with law,
hereby depose and state that:
1. The accused, FERNANDO Vhong NAVARRO is my friend for two years
already, residing at Brgy. Forbes Park, Makati City
1. On January 22, 2014, at 10:30 pm, I was alone in my condominium when the
accused arrived in my condominium unit;
2. When he was inside my unit, the accused held my hand. I asked him what was
wrong but he squeezed my hand. I tried to fight him but my effort turned
futile;
3. The accused afterwards pulled my hair and forced me down. I fought back but
the accused was a strong man and he slapped my face and told me that I keep
my mouth shut;
4. I tried to retreat my room but the accused ran and followed me, and forced me
to lay on the bed;
5. The accused laid on top of me as I cried and begged for help;
6. Before the accused has consummated his intent to have a sexual intercourse
with me, my friends arrived in my condominium and saw that the accused is
trying to forced himself into me;
7. As my friends saw what happened, they arrested the accused, via a citizens
arrest;
8. The accused by virtue of the citizens arrest sustained injuries on his face
while trying to escape, my friends were constrained to inflict injuries upon
him;

9. The accused was then brought to the Southern Police District by my friends
and executed a police blotter against him;
10. I was brought to the municipal building to file charges against the accused;
11. Upon consultation with my lawyer, I understand that the acts of the accused
qualify for ATTEMPTED RAPE punishable under Article 6 of the Revised
Penal Code, in line with Art. 266-A of the Revised Penal Code on Rape;
12. Under Article 6 of the Revised Penal Code, there is an attempt when the
offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous
desistance. In Art. 266-A of the Revised Penal Code on Rape, penetration is
an essential act of execution to produce the felony. Thus, for there to be an
attempted rape, the accused must have commenced the act of penetrating his
sexual organ to the vagina of the victim but for some cause or accident other
than his own spontaneous desistance, the penetration, however slight, is not
completed.
13. I am executing this affidavit to attest to the truth of the foregoing facts and for
the purpose of filing a criminal complaint for ATTEMPTED RAPE against
the accused.
TO THE TRUTH OF THE FOREGOING, I have signed this ComplaintAffidavit on January 29, 2014.
DENIECE CORNEJO
Affiant
SUBSCRIBED and SWORN TO BEFORE ME, this 29th day of January on
Taguig City.
Jessica Salting
Investigating Prosecutor

CERTIFICATION
I hereby certify that I have personally examined the Affiant and that I am
satisfied that she voluntarily executed and understood her affidavit.

Jessica Salting
Investigating Prosecutor