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Tentative A C

The document outlines a legal case involving Eduardo Marmol y Bauso, Jr., accused of two counts of rape against his 12-year-old daughter, AAA. It includes affidavits from the complainant and her mother detailing the incidents of abuse, as well as an affidavit of arrest by police officers who apprehended the accused. The case is being pursued under the Revised Penal Code of the Philippines, with supporting documentary evidence provided.

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Wilner Berry
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18 views8 pages

Tentative A C

The document outlines a legal case involving Eduardo Marmol y Bauso, Jr., accused of two counts of rape against his 12-year-old daughter, AAA. It includes affidavits from the complainant and her mother detailing the incidents of abuse, as well as an affidavit of arrest by police officers who apprehended the accused. The case is being pursued under the Revised Penal Code of the Philippines, with supporting documentary evidence provided.

Uploaded by

Wilner Berry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN PARTIAL

FULFILLMENT OF
THE
REQUIREMENTS
OF OUR SUBJECT

Technical English
1

NAME OF THE FACILITATOR:

NAME OF THE STUDENTS:


TABLE OF CONTENTS

1.Complaint Affidavit “A”


2.Affidavit of Witness “B”
3.Affidavit of Arrest (name of Arresting Officer) “C”
4.Documentary Evidence “D”

a. Complaint sheet of Complainant


b. Police Blotter
c. Medico Legal Report
d. Booking/Information Sheet of Suspect
e. Request and Result of Physical Examination
f. Evidence Recovered and Seized
REPUBLIC OF THE PHILIPPINES
City of Caloocan
OFFICE OF THE CITY PROSECUTOR

PEOPLE OF THE PHILIPPINES


Complainant,

-versus- FOR: Two (2) Counts of Rape (Rape by


Sexual Assault and
Rape through Carnal Knowledge)

EDUARDO MARMOL Y BAUSO, JR.


Accused
x-----------------------------------------------------------------------------------------------x

COMPLAINT AFFIDAVIT
I, AAA, 12 years old, Filipino, a student, and a resident of Caloocan City,
Philippines, after having been duly sworn in accordance with law, hereby
depose and state:

1. I am the complainant in this case for two (2) counts of Rape,


committed against me by my biological father, EDUARDO MARMOL Y
BAUSO, JR.
2. I am executing this affidavit to file criminal charges for the following:

a)Rape through carnal knowledge committed on 9 February 2004; and

b)Rape by sexual assault committed on 22 February 2004, pursuant to


Articles 266-A and 266-B of the Revised Penal Code of the Philippines, as
amended by Republic Act No. 8353.

3. On 9 February 2004, after coming home from school and taking a bath,
I was alone at home when my father, Eduardo Marmol, approached
me.
4. He forcibly removed my underwear, laid me down on the bed, and had
carnal knowledge of me. I was 12 years old at that time.
5. I was unable to resist due to fear and trauma. He threatened to kill my
mother if I reported what happened.
6. I kept silent out of fear and confusion, being too young to understand
or respond properly to what had happened.
7. On the night of 22 February 2004, while sleeping in the living room
with my family, I was awakened by the sensation of something
entering my genital area.
8. I opened my eyes and saw my father inserting his finger into my
vagina. I was too frightened to react.
9. My mother, BBB, woke up and saw what my father was doing. She
noticed that my undergarments were displaced and confronted him
immediately
10.I was subsequently brought for medical examination. Dr. Mamerto
Bernabe, Jr., the examining physician, found that my hymen was no
longer intact and observed healed lacerations and erythema in the
genital area.
11.These findings are consistent with the insertion of a blunt object or
male organ and corroborate my testimony.

IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of


February, 2004, in Caloocan City, Philippines.

AAA
(Complainant)

SUBSCRIBED AND SWORN to before me this 23rd day of February,


2004, in the City of Caloocan. I hereby certify that I have personally
examined the affiant and that she voluntarily and freely executed this
affidavit.

[Name of Prosecutor / Notary Public]


Prosecutor / Notary Public
[Commission Number]
[Office Address]
[Date of Commission Expiry]

Republic of the Philippines}


City of Caloocan }
x-----------------------------------------------------------------------------------------------x

AFFIDAVIT OF WITNESS

I, BBB, of legal age, Married, and a resident of Caloocan City, after having
been duly sworn to in accordance with law, do hereby depose and state;

1. I am the mother of [AAA], who is the victim in the case against


Eduardo Marmol y Bauso, Jr. I have personal knowledge of the events
that transpired on February 9, 2004, and February 22, 2004, involving
my daughter and the accused.

2. On February 9, 2004, I was not at home when my daughter [AAA] was


alone in the house after school. I later learned from [AAA] that her
father, Eduardo Marmol y Bauso, Jr., came home, took a bath, and then
dragged her to the bedroom where he had carnal knowledge of her
against her will. [AAA] told me that she was unable to scream because
her father threatened to kill me if she revealed what happened.

3. On February 22, 2004, I was sleeping in the living room with [AAA] and
my other children when I was awakened by the sound of movement. I
saw Eduardo lying next to [AAA] and noticed that he had unzipped his
pants, and that [AAA]'s panties were lowered. When I confronted him,
he quickly withdrew his hand from [AAA] and attempted to pull my son
towards her to hide what he had done. I was horrified and immediately
checked on [AAA].

4. After the incidents, I noticed changes in [AAA]'s behaviour. She


appeared withdrawn and fearful. I was deeply concerned for her well-
being. I decided to report the incidents to the police, and [AAA] was
taken for a medical examination. The doctor confirmed that [AAA] had
physical injuries consistent with sexual abuse.

5. I can attest that [AAA] gave a clear and consistent account of the
events to both me and the authorities. She was brave enough to come
forward despite the fear and trauma she experienced.

6. I am willing to testify in court regarding my observations and the


events I have described in this affidavit. I understand that this affidavit
may be used as evidence in the case against Eduardo Marmol y Bauso,
Jr., and I affirm that the information provided herein is true and correct
to the best of my knowledge and belief.

IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of


February, 2004 at Caloocan City, Philippines.

BBB
Signature of
Witness

SUBSCRIBED AND SWORN to before me this 23rd day of February, 2004


affiant exhibiting to me her valid identification.

[Signature of Notary Public]


[Printed Name of Notary Public]
[Notary Public's Commission Number]
[Notary Public's Address]
[Date of Expiration of Commission]

Republic of the Philippines}


City of Caloocan }
x-----------------------------------------------------------------------------------------------------------
-------x

AFFIDAVIT OF ARREST
We, PMSgt Isabel Barasi-Gracilla and PMSgt Zaito Dela Monte, both of legal
age and police officers assigned to the Caloocan City Police Station, after
having been duly sworn in accordance with law, hereby depose and state:

1. That on February 23, 2004, at approximately 10:00 AM, We received a


report regarding the alleged commission of rape involving the victim,
AAA, and the accused, Eduardo Marmol y Bauso, Jr..

2. That upon receiving the report, we proceeded to the residence of AAA


and her mother, BBB, to investigate.

3. Upon arrival, we met with AAA and BBB, who provided us with details
of the incidents that occurred on February 9, 2004, and February 22,
2004. They expressed their desire to file a formal complaint against
the accused.

4. Based on the information provided and after conducting a preliminary


investigation, we proceeded to locate and arrest Eduardo Marmol y
Bauso, Jr. at their house.

5. We informed the accused of the charges against him and his rights as
a detainee, including his right to counsel.

6. The accused was then taken into custody and brought to the Caloocan
City Police Station for further processing.

7. This affidavit is executed to attest to the facts surrounding the arrest


of Eduardo Marmol y Bauso, Jr. and to support the case against him.

IN WITNESS WHEREOF, we have hereunto set our hands this 23rd


day of February,2004 at Caloocan City, Philippines.

PMSgt Isabel Barasi-Gracilla PMSgt Zaito


Dela Monte
Police Officer
Police Officer

SUBSCRIBED AND SWORN to before me this on 23rd day od


February,2004 at Caloocan City, Philippines.

[Name of Notary Public]


Notary Public
[Commission Number]
[Address]
[Date of Expiration of Commission]

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