Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Tarlac Court Building, Tarlac City

SUNSHINE DELACRUZ as
represented by her mother,
EVELYN DELA CRUZ
Private Complainant,

- versus - NPSD No. III-18-INV-18E-0123

For: Rape or Violation of
Article 266-A of the Revised
Penal Code (RPC)

VALENTINO REYES y Garcia,

Respondent.
x-----------------------------------------x

COMPLAINT-AFFIDAVIT
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Private Complainant SUNSHINE DELA CRUZ, 16 years of age and

resident of 1234 Rizal Street, San Roque, Tarlac City, assisted by her
mother EVELYN DELA CRUZ, of legal age, married and likewise a
resident of the same address, after having been duly sworn to in accordance
with law do hereby depose and state THAT:

1. I, Sunshine Dela Cruz is instituting the foregoing criminal

complaint against respondent VALENTINO REYES y Garcia, 16 years
of age, Filipino and with residence address at 123 Rizal Street, San Roque,
Tarlac City of the crime of Rape under Article 266-A of the Revised
Penal Code”.

1.0 For purposes of these proceedings, I may be served

affidavits, pleadings, resolutions and orders emanating
from the Honorable Office thru its counsel on record,
CAPARAS-NOGOY LAW OFFICE with office address
at Unit 3, Ground Floor, EBY Building, Zamora Street,
San Roque, Tarlac City.
 2. I am sixteen (16) years of age and was born on 14 February
2002, copy of my Certificate of Live Birth is made an integral part of this
Complaint and marked as Annex ‘’A’’.

3. I came to know respondent sometime on the 2nd week of March

2018 when he sent me a friend request and added me on facebook. As I was
curious to see who added me, I immediately looked respondent’s profile
picture who was then a young-sad looking boy. I clicked on the name
appearing on the account and viewed his public profile as well as the
photos which he shared with the public. From then, I learned that he was
sixteen (16) years old too. As I was convinced that he needed a friend and
since he appeared harmless, I accepted his friend request.

4. As I viewed the things the respondent posted on his account, I

began to feel sorry for him so I decided to chat him up in order to lift his
spirits and I was glad that respondent replied.

5. Our chat then began and shared our thoughts and feelings with
each other until one day, I went for a short travel abroad with my family
but respondents and I continued our chats.

6. Two weeks later, after returning here in the country, I was

surprised when I opened my account to find a message notification waiting.
When I opened it, it was respondent in a skimpy underwear asking me if I
was interested to know him more intimately. The latter later on sent a close
up of his penis and goaded me into sending him photos of my naked body.

7. On 28 March 2018 at around 5 o’clock in the afternoon,

respondent proposed to see me personally somewhere but I refused and
replied that I will not leave our house. After which, I no longer received a
single response from respondent. Until later that night at more or less 9
o’clock in the evening, I received a text message from respondent that he
was outside our gate. So I hurriedly went out and when I recognized it was
really him, I asked him to leave fearing that my mother would wake up.

8. But respondent, as soon as he saw me, instead of leaving, pulled

me towards him and squeezed my body so tight and pushed me nearby a
nipa hut. I immediately screamed for help but respondent covered my
mouth with his palm. There he first held my wrists, started to kiss me in the
lips, took off my clothes and undress me. He removed my bra and again
started to kiss me in the neck and sucked my breasts. Not satisfied he
pulled down my shorts and underwear. He likewise took off his shorts and
brief, pushed me and made me lie down. He climbed on my top, held my
vagina and inserted his penis inside. My efforts to free and escape myself
from respondent’s hold were unsuccessful. Fortunately my mother heard
my screams which caused her to wake up and caught respondent and didn’t
let him go. She immediately turned over respondent to the near authorities
and reported the incident.

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Page 2 of 5 – COMPLAINT-AFFIDAVIT
 9. Afterwhich, we went to Tarlac Provincial Hospital for a medical
and genital examination. Copy of the Medico-Legal Report is hereto
attached as Annex “B” and made integral part hereof.

10. We were advised by our counsel that respondent may be held

liable for violation of Article 266-A of the Revised Penal Code or for the
crime of Rape under R.A 8353.

11. The crime of rape has the following elements: (1) the offender is
a man who had carnal knowledge of a woman and (2) such act was
accomplished through force, threat or intimidation; or when the victim is
deprived of reason or otherwise unconscious; (3) by means of fraudulent
machination or grave abuse of authority; or (4) when the victim is under 12
years of age or is demented. (People v. Padilla, G.R. No. 142899, 31
March 2004, 426 SCRA 648).

12. In the present case, all elements of rape under Article 266-A of
the Revised Penal Code were sufficiently proved through the statement of
the private complainant alone. The offender is a man who had carnal
knowledge of the private complainant when he forced himself upon the
latter. Respondent accomplished his purpose through the use of force and
fraudulent machinations when respondent lured private complainant by
sending her photos of his penis to induce and seduce complainant. In fact,
it is under these same frauds or misrepresentations that the private
complainant complied with the conditions of respondent and was not able
to resist and successfully had sexual intercourse with the said victim
against her will and without her consent, to her damage and prejudice.

13. In view of the circumstances, the above discussion leads to the

conclusion that upon the determination of probable cause, Information in
this case may be interpreted as charging the accused with Rape
under Section 266-a of R.A 8353. Further, a "finding of probable cause
does not require an inquiry into whether there is sufficient evidence to
procure a conviction. It is enough that it is believed that the act or
omission complained of constitutes the offense charged." [Ang-Abaya v.
Ang, G.R. No. 178511, December 4, 2008, 573 SCRA 129, 142.]

14. It has been frequently held that “probable cause - that it is a

reasonable ground of presumption that a matter is, or may be, well-
founded, such a state of facts in the mind of the prosecutor as would lead a
person of ordinary caution and prudence to believe, or entertain an honest
or strong suspicion, that a thing is so. The term does not mean "actual and
positive cause" nor does it import absolute certainty. It is merely based on
opinion and reasonable belief; that is, the belief that the act or omission
complained of constitutes the offense charged. While probable cause
demands more than "bare suspicion," it requires "less than evidence which
would justify conviction." [Balangauan v. Court of Appeals G.R. No.
174350, August 13, 2008, 562 SCRA 184, 206-207.]

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Page 3 of 5 – COMPLAINT-AFFIDAVIT
 15. Withal, following the discussions of both factual and legal
circumstances of the crime being charged herein against respondent
Valentino Reyes y Garcia, it is most prayed for before this Honorable Office
that probable cause of the commission of the crime of Rape under Section
266-a of R.A 8353 by the herein respondent be determined and upheld.
16. I am executing this affidavit to attest to the truthfulness of the
foregoing facts and the same is being issued in support of my criminal
complaint against the above-named respondent.

IN WITNESS WHEREOF, I have hereunto set our hands and affix

our signatures this ______________ at Tarlac City.

________________________________________________
SUNSHINE DELA CRUZ
Affiant-Complainant

Assisted by:

________________________________
EVELYN DELA CRUZ
Mother/Legal Guardian

and

CAPARAS-NOGOY LAW OFFICE

Unit 3, G/F, EBY Plaza Building
Zamora Street, San Roque, Tarlac City
Tel. Fax No. 045-491-2064
Counsel for Private Complainant

By:

ATTY. LUIS CARMELO T. CAPARAS

Attorney Roll No. 521234
PTR. NO. 8765432/ 05 January 2018/ Tarlac City
IBP NO. 5623034 / 05 January 2018/ Tarlac City
MCLE Compliance No.V-0018638
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 Completed on March 16-19, 2016
At Subic, Zambales

ATTY. SARAH JOY Y. NOGOY

Attorney Roll No. 55456
PTR. NO. 9640646/ 05 January 2018/ Tarlac City
IBP NO. 1022034 / 05 January 2018/ Tarlac City
MCLE Compliance No.V-0018638
Completed on March 16-19, 2016
At Subic, Zambales

SUBSCRIBED AND SWORN TO before me this

_________________ at Tarlac City. This is to certify further that I have
personally examined the affiants and I am satisfied that they understood
the foregoing statements and that they voluntarily and knowingly executed
the same based on their personal knowledge.

ADMINISTERING OFFICER

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