Republic of the Philippines

National Capital Region

OFFICE OF THE CITY PROSECUTOR
Bulwagan ng Katarungan
Bacoor City, Cavite

MYLENE ABELLA, in behalf of

her minor daughter, MIRALYN
ABELLA,
Complainant,
-Versus- NPS NO. 156263
FOR: Violation of Article 266-A (RAPE)
of R.A. 8353
JETTMAR VARGAS
Respondent.
x-----------------------------------x

COMPLAINT-AFFIDAVIT
PREFATORY STATEMENT

This is the complaint-affidavit of complainant, MYLENE ABELLA,

Filipino, of legal age, widow, and a resident of 123 Brgy. Sineguelasan, Bacoor
City, Cavite. The statements were taken and recorded based on the examination
made by Atty. Renan Sanchez, Notary Public for Cavite, at the office of the same
lawyer located in 1234 Bayan, Bacoor City, Cavite on January 27, 2019.

The complainant answered under oath in the English language and had
sworn that she understood her statements made here and stands for their veracity.
She was made aware that she made these statements under oath and fully
conscious that she may face criminal liability for false testimony or perjury.

PURPOSE(S) OF THE AFFIDAVIT

This complaint-affidavit in judicial affidavit form is offered pursuant to

Administrative Matter No. 12-8-8-SC, for the following purposes:

1.) To establish probable cause for the filing of an information for

Violation of Art. 266-A (RAPE) of the Revised Penal Code (RA 8353)
against Jettmar Vargas;
2.) To identify and testify on relevant and material documents; and
3.) To prove other relevant matters.

The following questions and answers were asked and recorded:

QUESTION 1: Please state your name, age, civil status, occupation, and present
address.
ANSWER 1: I am Mylene Abella, of legal age, widow, a condom-fitter, and a
resident of 123 Brgy. Sineguelasan, Bacoor City, Cavite.

QUESTION 2: What brought you to this office?

ANSWER 2: I am going to make a complaint-affidavit.

QUESTION 3: In which language do you prefer your affidavit to be made?

ANSWER 3: In English.

QUESTION 4: What is the purpose of your affidavit?

ANSWER 4: It is for the filing of a criminal case against Jettmar Vargas.

QUESTION 5: Are you aware that you are only to tell the truth and nothing but
the truth and any false testimony you make will make you criminally liable?
ANSWER 5: Yes, sir.

QUESTION 6: Who is Jettmar Vargas?

ANSWER 6: He is my boyfriend. He is a freelance Zumba instructor. I have here
with me a picture of him. (Hands picture to examining lawyer)

QUESTION 7: Is this man on this picture the same man who violated your
daughter?
ANSWER 7: Yes, sir.

QUESTION 8: Do you agree to attach this picture to this complaint affidavit as

ANNEX-A?
ANSWER 8: Yes, sir.

QUESTION 9: Why are you now filing a criminal case for violation of Art. 266-
A (Rape) against Mr. Vargas?
ANSWER 9: Because he had sexual intercourse with my minor daughter,
Miralyn Abella.

QUESTION 10: How old is Mirayln Abella?

ANSWER 10: She is now ten (10) years old. She was born on January 25, 2009.
I have here the original copy of her NSO issued Certificate of Birth.
(Complainant hands the Certificate of Birth to the examining lawywer).

QUESTION 11: Do you agree to attach this Certificate of Birth to this complaint
affidavit as ANNEX-B?
ANSWER 11: Yes, sir.

QUESTION 12: How old was she when Mr. Vargas violated her?
ANSWER 12: She was ten (10) years old when I caught Jettmar in the act of
raping her last January 25, 2019 during her birthday.

QUESTION 13: Can you tell me what transpired on January 25, 2019?
ANSWER 13: On January 25, 2019, I arrived home from the condom factory
where I work at around 03:00 in the afternoon. I usually arrive home at around
05:00 in the afternoon but since there was an event in the office, I was able to go
home early.

When I entered the house, I noticed that no one was around. As I was about to
enter Miralyn’s bedroom, I heard noises coming from the inside. It was then
when I opened the door that I saw Jettmar having carnal knowledge with my
daughter, Miralyn. He was on top of her like how dogs mate, with his pants
down, his penis inserted in her vagina while inserting a cellular phone in her
anus.

QUESTION 14: What did you do right after?

ANSWER 14: I screamed for help then I immediately grabbed the broomstick
located near our bedroom door then I started hitting Jettmar. He was caught off
guard, he quickly stood up and he shielded himself from my attacks. I tried to
fight back but he was stronger, he kicked me on my stomach area and punched
my breasts. I fell on my knees afterwards. It was a good thing that our Brgy.
Captain, Christian Banzuela, who was our next-door neighbor, came to our
rescue. He heard my scream and he went inside our house.

QUESTION 15: What happened next?

ANSWER 15: Upon seeing Christian, Jettmar ran out of the house. Christian
then ran after him. I did not run after them because I was more concerned with
my daughter. I checked if she had any wound or injuries. After finding that her
vagina and anus are bleeding, I asked her to put on her clothes and underwear
that was discarded on the bed and then I covered her with a blanket and I
immediately brought her to Crisostomo Medical Center (CMC).

QUESTION 16: What happed at CMC?

ANSWER 16: When we arrived at the Emergency Room (ER), I explained to
the receiving staff about what happened. They were the ones who called the
police. We were likewise assisted by one Lina Umali who introduced herself to
us as a representative of the Department of Social Welfare and Development
(DSWD). Lina and I proded Miralyn to tell us what happened. Miralyn was very
hesitant to talk at first but when we finally convinced her to confess to us after a
few conversations. She told us that she was just dancing to the tune of “Twerk it
like Miley” in the living room with Jettmar, who was drunk at that time. He then
asked her to accompany him to our bedroom. He told her that he bought a toy
for her. She was hesitant to enter the room at firs but when he showed her the
box of a Barbie doll, she then complied. It was then that he pushed Miralyn to
the bed. He threatened her. He said that if she would scream or fight back, he
would kill her. She tried to struggle free but because Jettmar was stronger and
bigger than her. She tried her bet to fight back but he succeeded into forcing
himself inside her.

QUESTION 17: What happened after the interview?

ANSWER 17: My daughter was then brought to the examination room and there
she was examined by Dr. April Sanchez. It was found out that my daughter
suffered vaginal lacerations and severe anal gashes. Dr. Sanchez issued this
Medical Certificate to that effect. (Hands Medical Certificate to examining
lawyer)

QUESTION 18: Do you agree to attach this Medical Certificate to this complaint
affidavit as ANNEX-C?

ANSWER 18: Yes, sir.

QUESTION 19: What happened next?

ANSWER 19: Dr. Joann Sescon, who is a psychologist from CMC, conducted a
psychological examination and post-traumatic stress counselling. I have here
with me the copy of the psychological report made by Dr. Sescon. (Hands the
documents to examining lawyer)

QUESTION 20: Do you agree to attach this Psychological Report to this

complaint affidavit as ANNEX-D?
ANSWER 20: Yes, sir.

QUESTION 21: What happened next?

ANSWER 21: A Police Officer who introduced himself to us as PO3 Deogracias
Pacasum took our statements and he assisted us in filing the Police Blotter of the
case. I have here with me the copy of the said Police Blotter (hands the
documents to the examining lawyer). My daughter also answered some questions
from the lady in charge of the women’s desk. The DSWD social worker was
there to oversee the interview. (Hands the Sinumpaang Salaysay taken from the
victim in Filipino and translated copy).

QUESTION 22: Do you agree to attach this Police Blotter to this complaint
affidavit as ANNEX-E?
ANSWER 22: Yes, sir.

QUESTION 23: What happened next?

ANSWER 23: We stayed at the hospital overnight as recommended by the
doctor in order to monitor my daughter’s condition. After that, we went home.

QUESTION 24: What did you do next?

ANSWER 24: I decided to file this Rape Case against Jettmar in order to obtain
justice for my daughter.

QUESTION 25: Are you aware that you made these statements under oath and
fully conscious that you may face criminal liability for false testimony or
perjury?
ANSWER 25: Yes, sir.
 QUESTION 26: Are you willing to affix your signature here in order to prove
that you have voluntarily made this affidavit and also understood the contents
herein?
ANSWER 26: Yes, sir.

QUESTION 27: Is there anything else that you wish to say?

ANSWER 27: None at the moment, sir.

-----END OF INQUIRY-----

INSTRUCTIONS:

You will assume multiple personalities in this assignment.

First, you are the handling lawyer on the above-mentioned case. The
Complaint-Affidavit is not yet complete in form. Rehash it in accordance with
the pertinent provisions of the Rules of Court of the Philippines, as amended,
and other pertinent issuances, and rules and regulations.

Second, suppose that you are the Fiscal/Prosecutor who received the
above Complaint-Affidavit. Prepare the necessary Subpoena addressed to the
respondent and require him to submit his Counter-Affidavit.

Next, suppose that you are the counsel for the herein respondent Jettmar.
On his behalf, prepare a Counter-
Affidavit as ordered by the Fiscal/Prosecutor.

Finally, assume that you have already concluded the necessary

preliminary investigation as a prosecutor. Prepare the Resolution based on your
investigation.

NOTE: SUPPLY THE MISSING DETAILS. CONSIDER ALL THE PERTINENT

PROVISIONS OF THE RULES OF COURT OF THE PHILIPPINES, AS AMENDED, AND
OTHER SUPREME COURT ISSUANCES/ADMINISTRATIVE MATTERS IN
PREPARING YOUR LEGAL PAPER. OTHERWISE, YOUR PAPER WILL BE
DISREGARDED.