Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
DIGOS CITY

Daisy Ann B. Catubag

Complainant
vs. NPS DOCKET No. ____________
For:RAPE (Article 266-A,
paragraph 1(b) of the Revised
Penal Code, as amended; and RA
8363, The Anti Rape Law of 1997
EDSEL JAMES SANDICO
Respondent.

x--------------------------------x

COMPLAINT-AFFIDAVIT

I, DAISY ANN B CATUBAG, Filipino, a minor as accompanied

by my Grandmother, and a resident of Purok 5, Brgy. New Opon,
Magsaysay, Davao del Sur, after having been duly sworn in
accordance with law, hereby depose and state that:

(1) I am the same person who executed and the complainant in

the instant case;

(2) In the evening of October 14, 2017 at around 8:40, I was left
alone in the house because my grandmother had to accompany my
Grandfather who was confined in Dominican Hospital in Digos City;

(3) Meanwhile, after watching Probinsyano (ABS-CBN Teleserye), I

went to my room to sleep. I woke up in the middle of the night and I
immediately got my cellphone to check the time, it was 11:13 in the
evening. I noticed that the light in the sala was switched off which is
odd because I used to light it overnight;

(4) So, I was about to get up but someone grabbed me and covered
my mouth. The said person threatened me not to shout or else he
would not hesitate to kill my two companions who were sleeping in
our sala at that time;

(5) The person pinned me down to my bed, only then I was able to
see that my assailant was a male and was wearing a black jacket
with hood and he used a handkerchief as a mask in his face. His built
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as well as his voice when he threatened me seems familiar to me
though;

(6) All of a sudden, he mounted over me. I can tell that he was
under the influence of intoxicating liquor because of his pungent
smell. When he removed his mask, he started kissing my neck, kissed
my lips and sucked my boobs.

(7) Even though the room was a little bit dark, because his face
came so close to mine I can really recognize him. He was our
neighbor, Edsel James Sandico a.k.a Bush. I have known him to be
the brother of my classmate and best friend Dannah Sandico.

(8) When I tried to grab his hood he immediately held both of my

hands using his right hand while his left hand pulled down my pants
and my panty. Thereafter respondent spit on my vagina. Respondent
continued kissing my lips while touching and inserting his finger in
my vagina. He started unzipping his pants.

(9) I really wanted to resist because I already felt pain in my vagina

but when I saw a knife tucked in his waist, I was afraid then that if I
would shout or scream for help my life would also be in danger.

(10) Respondent immediately unzipped his pants and inserted it (his

penis) into my vagina, he pulled his penis and masturbated and when
he ejaculated he laid his penis on top of my vagina, mounted on top
of me and hugged me tight and whispered in my right ear I really
admired you for a time but you just ignored me.
(11) After doing such molestation to me and succeeded his evil
intention, respondent immediately went out from our house.
Meanwhile, I was left crying, nervous and chilling in fear.

(12) The following morning, on or about 6:00 oclock of October 15,

2017 I decided to go to my aunt ROSAS CATUBAG and reported the
incident to her. My aunt accompanied me to our Brgy Captain Lino
Montana. He advised us to report the incident to Magsaysay
Municipal Police Station specifically to WCPC section for the
appropriate action.

(13) My aunt also called my grandmother who was in Dominican

Hospital Digos City and informed her the incident. I waited for my
Grandmother and proceeded immediately at Magsaysay Municipal
Police Station to report the said incident.

(14) The police took my sworn statement regarding with the incident
happened on October 15,2017. A copy of which is hereto attached
and made an integral part hereof as Annex A.

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(15) After going to the Police Station, my Aunt and I went to
Centenno Medical Specialist. A copy of the Medico Legal Certificate is
hereunto attached and made as an integral part hereof as Annex B

(16) A copy of the Affidavit of Apprehension of Police Officer 1

Romeo Padila and Police Officer 1 Jonathan Daludado as well that of
the Affidavit of Apprehension of Ace Salcedo, a private citizen, are
hereto attached and made an integral part hereof as Annexes C
and D respectively;

(17) Based on the foregoing, I am executing this Affidavit-Complaint

to pave the way of the prosecution of EDSEL JAMES SANDICO as his
acts being violative of Article 266A paragraph 1(b) of the Revised
Penal Code, as amended, and of Republic Act 8363 also known as
The Anti- Rape Lawof 1997, and other circumstances herein narrated
may warrant.
16th
IN WITNESS WHEREOF, I have hereunto set my hand this
of October, 2017 in Digos City.

DAISY ANN B. CATUBAG

Affiant

SUBSCRIBED AND SWORN TO before me, this 16th of

October, 2017 in Digos City, Davao del Sur. I hereby certify that I
have personally examined the Affiant and that I am fully satisfied
that she has voluntarily executed and understood the contents of her
Complaint-Affidavit.

CYNNEST KAYE RAMOGA

Assistant Provincial Prosecutor