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REPUBLIC OF THE PHILIPPINES] QUEZON CITY ] S.

S COMPLAINT-AFFIDAVIT I, Daniella Tactacan [complainant for short], Filipino, of legal age, with address at ________________________, after being sworn to in accordance with law, hereby state as follows: 1. THAT I am a calculus professor in __________________.

2. THAT I handle a graduating class. I used to give tutorial class in some of students who get a low grade in order to pass in my subject. 3. THAT on _______school year, Marco Radiosa [ respondent for short] was one of my students in my calculus class. 4. THAT Respondent used to get a low grade in my class, since he was a graduating student I am more considerate to him. I offered him tutorial class in order for him to pass on my subject. 5. THAT on the day of issuing the list of graduate, Radiosa was included in the list of graduate. 6. THAT on ___March ____, a graduation party, Radiosa was really helpful to me, and he assists all the teachers on their drinks and food on our table, especially to me. I thought that he was just expressing his gratitude.

7. THAT night after I ate and sip my drinks I felt dizzy and sick. I rested for a while and drink some water which respondent gave to me. But I felt more dizzy and weak. 8. THAT I decided to go home and take some rest. Respondent offer me a ride to my place. Since, I cannot help myself I agreed to the respondent to take me on my place. 9. THAT respondent accompanied me on my condo. Respondent insisted to stay on my place even i said to him to I will be alright. However in truth and in fact I really felt week that time and dizzy. I found myself in the sofa lying and felt really weak. But respondent took me to my room and removed my clothes. Since I was to weak that time I cannot push him enough but I continue pushing him away to me and telling him what he was doing. But respondent continue removing my clothes and started to kiss me and touched my private part. I started shouting for help. But the respondent lied on top of me and holds my two hands and said to me that if I continue to fight he threaten me that he will kill me. I was really weak that time I cried for help but no one hears me. 10. THAT respondent tried to insert his penis on my private part, I cried for help and tell him to stop but I was to weak and he was so strong to hold me tight and do whatever he wants.

11. That respondent forced to insert his penis on me and continued such act even it was bleeding and I lost consciousness. 12. THAT based on the foregoing, all the four [4] elements of rape are present because respondent: By a man who shall have carnal knowledge of a woman under any of the following circumstances: [a] Through force, threat, or intimidation; [b] When the offended party is deprived of reason or otherwise unconscious; [c] By means of fraudulent machination or grave abuse of authority; and [d] When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present, is required by law. Thus, he is liable for rape as penalized under Article 266-A Rape, Revised Penal Code. 12. THAT I am executing this complaint-affidavit to attest the truth of the foregoing allegations and for all other legal intents and purposes this may serve, particularly to charge respondent of rape, who may be served with subpoena at her last known address at ___________________________________________________ _____________________________________. IN WITNESS WHEREOF, I hereby affixed my signature on this 16th April 2013 at Quezon City.

Daniella Tactacan Affiant SUBCRIBED AND SWORN to before me on this _th April ______ at Quezon City. CERTIFICATION: I hereby certify that I have personally examined the affiant and I am satisfied that he has read and understood the content of his Complaint-Affidavit.

______________________ Administering Officer

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