Republic of the Philippines )

Baguio City ):s.s.

x=================x

COMPLAINT – AFFIDAVIT
I, STRAWBERRY ALAWI, Filipino, of legal age, single,
and with residence at #69 Daisy St., Purok 4, Sunnyside,
Fairview, Baguio City, after having been duly sworn to in
accordance with law, hereby depose and state that:

1. This complaint-affidavit is being filed to charge LIN

NAMNAM (“NAMNAM” for brevity), Filipino of legal
age, and with residence at No. 298, Mercury St,
Upper Chrome, Quezon Hill, Baguio City and MAGIC
SARAP (“SARAP” for brevity), Filipino, of legal age,
and with residence at No. 111, M. Roxas Street,
Lower Brookside, Baguio City of the crime of Rape
under Article 266-A of the Revised Penal Code,
committed as follows:

a. On December 31, 2019, at around 11:30 in the

evening, I was walking home from work to my
house when SARAP came by and grabbed my
neck, pointing a knife to my side;

b. SARAP dragged me to a nearby tricycle which

was parked at the side and driven by
NAMNAM;

c. SARAP told NAMNAM to drive to their house,

and subsequently demanded that I stay silent
or he will kill me;

d. At their house, I was dragged to the bathroom,

NAMNAM shouted the word “tuwad!” and to
place my hands on the rim of the toilet bowl
facing him, with SARAP holding me from
behind. Fearing for my life, I followed his
orders;

e. While I was still in the same position, with my

legs apart and with NAMNAM’s arms tightly on
my shoulders, SARAP pulled his pants down,
and removed my underwear. He then inserted
 his penis to my vagina, and moved with a rapid
push and pull motion, repeatedly;

f. After giving in to his carnal desires, and during

the conduct of his nefarious intention SARAP
told NAMNAM:

“Sabayan mo ako! I-dodogstyle ko to, Isubo mo sa bibig

niya yang ari mo!”

g. Thus, SARAP had his penis in my vagina while

NAMNAM had his penis in my mouth;

h. After they had satisfied themselves, they again

threatened to kill me should I tell anyone much
more the authorities about what happened.

2. When I got home, I immediately told my mother,

IVANA ALAWI, about what happened to me;

3. Absolutely furious of what happened, my mother and

I went to the police station to report the crime
committed by SARAP and NAMNAM. The police
issued a police blotter. Thereafter I was examined by
their medico legal officer, who thereafter issued a
medico-legal certificate;

A copy of the police blotter and the medico-legal certificate is

hereto attached forming an integral part hereof and marked
as Annex “A” and Annex “B” respectively.

4. The day after the incident, I had discovered that our

neighbour LUCKY MATA saw what happened, when
both NAMNAM and SARAP, had me enter the
aforementioned tricycle.

A copy of the Sworn Statement of LUCKY MATA is hereto

attached and marked as Annex “C”.

5. The elements of rape as stated under Article 266-A

of the Revised Penal Code are as follows:

xxxx.

Rape is committed -----

 1. By a man who shall have carnal knowledge of a
woman under any of the following:

a. Through force, threat or intimidation;

xxx.

2. By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an
act of sexual assault by inserting his penis into
another person’s mouth or anal orifice, or any
instrument or object, into the genital or anal orifice
of another person. (R.A. No. 8353, October 22,
1997)

xxxx.

xxxx.

6. Therefore, I am executing this Affidavit in order to

attest to the truth of the foregoing statements.

IN WITNESS WHEREOF, I have hereunto set my

signature this 15th day of January, 2020 in Baguio City,
Philippines.

STRAWBERRY ALAWI
Affiant

SUBSCRIBED AND SWORN to before me this 15th day

of January, 2020 in Baguio City, Philippines.

ATTY. DAN G. GACUSANA

Doc. No. ___ Notary Public
Until Dec. 31, 2020
Page No. ___ Roll No. 7261995
Book No. ___ IBP No. 12354598
Series of 2020 PTR No. 214231
Valid until Dec. 31, 2020
MCLE XVIII

VERIFICATION/CERTIFICATION ON NON-FORUM
SHOPPING
 I, STRAWBERRY ALAWI, Filipino, of legal age, single,
and with residence at #69 Daisy St., Purok 4, Sunnyside,
Fairview, Baguio City, after having been duly sworn to in
accordance with law, hereby depose and state:

That I am the affiant in the above-entitled Complaint-

Affidavit and have caused it to be prepared;

That I have read and understood its contents which are

true and correct of my own personal knowledge and/or
based on authentic records;

That I have not commenced any action of proceeding

involving the same issue in the Supreme Court, the Court of
Appeals or any other tribunal or agency; that to the best of
my knowledge, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals or any tribunal or
agency;

That, if I should learn thereafter that a similar action or

proceeding has been filed or is pending before these courts
of tribunal or agency, I undertake to report the fact to the
Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 15th day of January, 2020 at Baguio City,
Philippines.

STRAWBERRY ALAWI
Affiant

SUBSCRIBED AND SWORN TO before me this 15th

day of January, 2020 at Baguio City, Philippines.

ATTY. LOIS M. TAMAYO

Notary Public
Doc. No. ___ Until Dec. 31, 2020
Page No. ___ Roll No. 150996
Book No. ___ IBP No. 87654321
Series of 2020 PTR No. 123456
Valid until Dec. 31, 2020
MCLE XVI