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REPUBLIC OF THE PHILIPPINES

OFFIVE OF THE PROSECUTOR


Antipolo City
DENAH SHIELA ABNE,
Complainant,
-versus-

I.S No______
For: Rape

JAMES GARCES and JUVY MINTAR,


Respondents
xx--------------------------------------------------xx
COMPLAINT-AFFIDAVIT
I, DENAH SHIELA ABNE, of legal age, Filipino Citizen, with resident of Antipolo City,
after being sworn in accordance with law, hereby dispose and state that:
1. The accused, JAMES GARCES, is a tricycle driver and JUVY MINTAR, is my
Classmate at the PUP, and they are known to each other well as a friend, and residences
of Antipolo City;
2. After my shift at Accenture, I always in a hurry going to PUP- Sta. Mesa, Manila to
attend my class at College of Law. As usual, my classes end at past 9 in the evening.
From there, I will be home at around 11 in the evening;
3. On September 4, 2013, from a bumpy jeepney ride en route Antipolo City from Cubao;
4. Feeling dizzy and tired from my class and work, I alighted a jeepney near a tricycle
terminal in Antipolo City. While Im waiting for a tricycle, Im forcing myself to stay
awake and be conscious but her physical body is resisting. After a while, at around 10:45
p.m., I saw a tricycle coming and subsequently halted in front of me. I felt comfortable
and safe upon recognizing JAMES GARCES (the driver) and JUVY MINTAR (back ride
passenger) in the tricycle. JUVY MINTAR and I were classmates, and I usually see
JAMES GARCES regularly in their area;
5. I asked James to rent the tricycle for a special fare of P35.00 going to her residence.
While riding a tricycle, I feel so sleepy and could not help but gave way to my sleepiness;
6. I was awaken when JAMES GARCES told me to stay a while because the tricycles
already out of fuel (gasoline). I was worried because when I glanced at my phone, I saw
the time and it is already 11:05 p.m... I hardly recognize the place until the headlight of
motorcycle was beamed towards some tombs. I asked James why he diverted the route
going to our house because my way going home usually does not pass by the public
cemetery (Antipolo Public Cementery);
7. Without argument, JAMES GARCES pulled me out of the tricycle and forcedly with the
aid of JUVY MINTAR, dragged me to a nearby tomb. They laid me down over a tomb. I
could not shout for help because I was threatened by JAMES GARCES stating
Hahampasin kita ng bato sa ulo kapag sumigaw at pumalag ka. While JUVY
MINTAR holding me on both hands, and impatiently waiting for his turn after another;
8. After that act, I asked JAMES GARCES and JUVY MINTAR to escort me on my way
home because I have no other means to go home. While en route to her residence, JUVY
MINTAR said to me Ayos ba? Parang hindi ka naman nag-enjoy, then I felt so
humiliated, exhausted and still in a state of shock, with tears flowing from my eyes;

9. On the next morning, I went to Antipolo City Medical Hospital where I was physically
examined, after which, I secured a Medico Legal certificate then I went to municipal
building to file charges against both accused;
10. Article 266-A of the Revise Penal Code provides that RAPE is committed 1) by a man
who have carnal knowledge of a woman under any of the following circumstances: xxx
a) through force, threat or intimidation xxx;
11. Im executing this affidavit to attest to the truth of the foregoing facts and for the purpose
of filling a criminal complaint for RAPE against both accused.
TO THE TRUTH OF FOREGOING, I have signed this Complaint-Affidavit on
September 10, 2013.
DENAH SHIELA ABNE
Affiant
SUBSCRIBED and SWORN TO BEFORE ME, this 10th day of September 2013 at
Antipolo City.
Aristotle Piad
Investigating Prosecutor