REPUBLIC OF THE PHILIPPINES}

DONE: IN THE CITY OF SANTIAGO } S.S.

X =========================== X

COMPLAINT-AFFIDAVIT

I, KATHRYN JULIA B. LUSTRE, Filipino, of legal age, single, and with residence at
Purok 8 Sampaguita St. Baptista Village, Calao East, Santiago City, after having been duly
sworn in accordance with law, herby depose and state that:

1. This complaint-affidavit is being filed to charge Enrique Daniel P. Cruz, Filipino

of legal age, and with residence at Rose St. Baptista Village, Calao East, Santiago
City of the crime of Rape under Article 266 of the Revised Penal Code, committed
as follows:

a. On 1 February 2006, at around 10:00 in the morning, I was barely 8 years

of age and playing outside our house when James R. Pascual came by and
invited me to play computer games with him at the house of Enrique
Daniel P. Cruz;

b. On the way to their house, we passed by a narrow path where Cruz

suddenly pushed me and James R. Pascual inside a small, low building,
which turned out to be the Cruz’s comfort room;

c. Cruz 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. Cruz then asked me to step on the rim of the toilet bowl facing him and
for Pascual 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 Pascual’s
arms tightly around my waist, Cruz draw his short pants down to his
knees, and after lowering my underpants, he inserted his penis to my
vagina;

f. After satisfying his carnal desires, Cruz once again pointed the knife at
Pascual and told him “Gayahin mo ako! Ipasok mo ang ari mo sa ari nya!”

g. Pascual pretended to insert his penis to my vagina while Cruz was

masturbating;

h. Thereafter, he reiterated his threats to kill us. He gave me ten-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, Arci B. Lustre, what happened to me;

3. Appalled by what happened, my mother and I went to the police station to report
the crime committed by Cruz against my person. The police took my sworn
 statement; a copy of which is hereto attached as “Annex A”. Thereafter I was
examined by their medico legal officer. A copy of the Medico- Legal is likewise
hereto attached and made an integral part hereof as “Annex B”;

4. Exactly one week ago, March 31, 2017, however, I was surprised to see Cruz
walking along our street, as I thought that the police filed a formal complaint
with the fiscal on my behalf 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 otherwise unconscious.

6. Based on the foregoing, it is beyond cavil that respondent Enrique Daniel P. Cruz
committed the crime of rape punishable under Article 266 of the Revised Penal
Code. He had sexual intercourse with me even if I was just eight years old. This
constitutes statutory rape defined under our laws.

7. Further. Whenever the crime of rape committed with the use of a deadly weapon
or by two or more persons, the penalty shall be reclusion perpetua to death.

IN WITNESS WHEREOF, I have affixed my signature this 7th day of April 2017 in
Santiago City, Philippines.

KATHRYN JULIA B. LUSTRE

Affiant

SUBSCRIBED AND SWORN to before me in the City of Santiago this 7th day of April,
2017. I hereby certify that I have personally examined the above named affiant and that I
am the foregoing statements were given by her voluntarily and of her own free will.

_______________________
Investigating Prosecutor