REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
SURIGAO CITY
THE PEOPLE OF THE PHILIPPINES,
Complainant,
-vs- Case No. __________
For: Rape (Art. 335, par
(3), Revised Penal Code)
JOSE A. GONZALES,
Respondent.
X----------------------------------------------------------X
COMPLAINT-AFFIDAVIT
I, Teresa Malibugan, of legal age, Mother of the herein 15 year old
victim Areola Marrie L. Malibugan and a resident of P-6 Brgy. San Juan,
Surigao City to represent my said victim after being sworn in accordance with
law depose and say that:
1. This complaint-affidavit is being filed to charge Jose A. Gonzales,
Filipino, of legal age, a board member of the Province, with residence
at No. 12 Bautista Street, Barangay Palanan, Makati City, of the crime
of Rape under Article (Art.) 266 par. D of the Revised Penal Code (RPC),
committed as follows:
a. That on April 1, 2016 Mr. Jose A. Malibugan met the victim, Ms.
Areola Marrie L. Malibugan in the school of the victim.
b. That the victim was still 12 years old at that time.
c. That despite that knowledge, Mr. Jose A. Gonzales continued to
court the victim.
d. That because of fear knowing that Mr. Jose A. Gonzales, a public
officer, has so much influence, the victim agreed to have a
relationship with him.
e. That on December 15, 2016, March 3, 2017, and September 17,
2018, Mr. committed the crime of Rape.
2. It took me several years before the victim was able to overcome my fear
and told me, Teresa Malibugan, what happened to her.
3. 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.
4. Based on the foregoing, it is beyond cavil that respondent Patrick
Mercado committed the crime of rape punishable under Art. 266 par.
D of the RPC. He had sexual intercourse with the victim despite
knowing that she was just twelve years old. This constitutes statutory
rape as defined in our laws.
I executed the foregoing Complaint-Affidavit to represent my
daughter in this case, attest to the truth of the facts stated and for the purpose
of charging respondent with the crime of rape.
TERESA MALIBUGAN
Complainant-Affiant
OATH AND CERTIFICATION
SUBSCRIBED AND SWORN to before me, the undersigned prosecutor
this 4 day of February 2020 in Surigao City.
th
I hereby certify that I have personally examined the affiant and that I am
convinced that she voluntarily executed the foregoing affidavit and that she
understood the contents thereof.
JOSE ROLLY B. GONZAGA
Assistant City Prosecutor
IBP No. 534585; 03/10/2015- Quezon City
PTR No. 64936; 03/10/2015- Quezon City
Roll No. 061793; 02/17/2015
MCLE No. 5-321; 01/15/17
Republic of the Philippines
REGIONAL TRIAL COURT
CARAGA Region
Surigao City
Branch 29
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-vs- Criminal Case No. ______
For: Rape
IRIS S. ANACLETO,
Accused.
x-----------------------------------------------x
INFORMATION
The undersigned, City Prosecutor, upon a sworn complaint originally filed
by the Mother of the victim, TERESA MALIBUGAN, accuses JOSE A.
GONZALES of the crime of RAPE, committed as follows:
That on That on December 15, 2016, March 3, 2017, and September 17,
2018, in Surigao City, Philippines, and within the jurisdiction of this court, the
above-named accused, JOSE A. GONZALES, did then and there wilfully,
unlawfully, and feloniously raped a 12 year old child named AREOLA MARRIE
L. MALIBUGAN.
CONTRARY TO LAW.
Quezon City, Philippines.
February 4, 2020.
MARCIAL PEDARSE
Assistant City Prosecutor
IBP No. 664585; 03/10/1989- Quezon City
PTR No. 55936; 03/10/1989- Quezon City
Roll No. 111793; 02/17/1989
MCLE No. 5-441; 01/15/17
