REPUBLIC OF THE PHILIPPINESDEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICEOFFICE OF THE CITY PROSECUTOR

MAKATI CITY

Jennylyn A. ManzanoComplainant

vs. I.S. No. ____________ For: Rape

Patrick A. MercadoRespondent.

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COMPLAINT-AFFIDAVIT

I, JENNYLYN AVANZADO MANZANO, Filipino, of legal age, and

with residence at No. 67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati

City, after having been duly sworn in accordance with law, hereby depose

and state that:

(1)This complaint-affidavit is being filed to charge Patrick A. Mercado a.k.a

“Kuya Pat-Pat”, Filipino, of legal age, and with residence at No. 12

Bautista Street, Barangay Palanan, Makati City, of the crime of Rape

under Article (Art.) 266 of the Revised Penal Code (RPC), committed as

follows:

(a)On 5 May 1998, at around 10:00 in the morning, I was barely 5 years

of age and playing outside my house when Luis Trillo came by and

invited me to play computer games with him at the house of

Mercado.

(b)On the way to their house, we passed by a narrow path where

Mercado suddenly pushed me and Luis Trillo inside a small, low

building, which turned out to be Mercado’s comfort room.

(c)Mercado 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)Mercado then asked me to step on the rim of the toilet bowl facing

him and for Trillo 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 Trillo’s

arms tightly around my waist, Mercado drew his short pants down to

his knees, and after lowering my underpants, he inserted his penis

into my vagina.

(f) After satisfying his carnal desires, Mercado once again pointed the

knife at Trillo and told him “Gayahin mo ako! Ipasok mo ang ari mo

sa ari niya!”

(g)Trillo pretended to insert his penis to my vagina while Mercado was

masturbating.

(h)Thereafter, he reiterated his threats to kill us. He gave me a five-

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, Nora B. Manzano, what happened to me.

(3)Appalled by what happened, my mother and I went to the police station

to report the crime committed by Mercado against my person. The police

took my sworn statement, a copy of which is hereto attached and made

an integral part hereof as Annex “A”. Thereafter, I was examined by their

medico-legal officer. A copy of the Medico-Legal Report is likewise

hereto attached and made an integral part hereof as Annex “B”.

(4)Exactly one week ago, however, I was surprised to see Mercado walking

along our street, as I thought that the police had filed a formal complaint

with the fiscal on my behalf. Due 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 other wise unconscious.

(6)Based on the foregoing, it is beyond cavil that respondent Patrick

Mercado committed the crime of rape punishable under Art. 266 of the

RPC. He had sexual intercourse with me even if I was just five years old.

This constitutes statutory rape as defined in our laws.

(7)Further, whenever the crime of rape is committed with the use of a

deadly weapon or by two or more persons, the penalty shall be reclusion

perpetua to death.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 17 th day

of June 2011, in Makati City.

Jennylyn A. ManzanoComplainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 17th day of June

2011 in Makati City.

Prosecutor

This is to certify that I have personally examined the herein affiant

and that I am satisfied that she voluntarily executed and understood her

statements herein.

Prosecutor

ANNEX “A”

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

SINUMPAANG SALAYSAY

I am JENNYLYN AVANZADO MANZANO, Filipino, a minor, and with residence at No. 67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City, after having been duly sworn in accordance with law, hereby depose and state that:

1. On 5 May 1998, at around 10:00 in the morning, I was barely 5 years of age and playing outside my house when Luis Trillo came by and invited me to play computer games with him at the house of Mercado.

2. On the way to their house, we passed by a narrow path where Mercado suddenly pushed me and Luis Trillo inside a small, low building, which turned out to be Mercado’s comfort room.

3. Mercado 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!”

4. Mercado then asked me to step on the rim of the toilet bowl facing him and for Trillo to hold me from behind. Out of fear for my life, I followed his orders.

5. While I was standing on the toilet bowl with my legs apart and Trillo’s arms tightly around my waist, Mercado drew his short pants down to his knees, and after lowering my underpants, he inserted his penis into my vagina.

6. After satisfying his carnal desires, Mercado once again pointed the knife at Trillo and told him “Gayahin mo ako! Ipasok mo ang ari mo sa ari niya!”

7. Trillo pretended to insert his penis to my vagina while Mercado was masturbating.

8. Thereafter, he reiterated his threats to kill us. He gave me a five-peso coin and told me to buy candies with it, however I threw it away.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January 1999, in Makati City.

JENNYLYN A. MERCADO Affiant

SUBSCRIBED AND SWORN to before me this 4th day of January 1999 at Philippine National Police Station 123, Makati City. I further certify that I have personally examined the Affiant and I am satisfied that he/she voluntarily executed and understood his/her statement.

JUANA DELA CRUZ Administering Officer

Doc. No. _____;

Page No. ____;Book No. ____;Series of 1999.

ANNEX “A”

OSPITAL NG MAKATIMedical Record Division

Sampaguita St.,Pembo, Makati City

MEDICO LEGAL CERTIFICATE

January 5, 1999

TO WHOM IT MAY CONCERN:

This is to certify that Ms. Jennylyn Manzano, 5 years old, with residence at #67 Sitio Capinpin, Bautista St., Brgy. Palanan, Makati City, was examined and treated in this hospital on January 4, 1999 with the following findings:

- shallow healed lacerations at 3 and 8 o’clock positions- in a non-virgin state physically

Issued this 5th day of January 1999, for whatever purpose it may serve.

This certificate is issued by authority of the Director:

Dr. Margarita Estrella Herras, M.D.