Republic of the Philippines
Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Zamboanga City
MARY JANE FAJARDO, N.P.S. DOCKET NO:
Complainant,
-versus- -for-
JERWIL CASUMPA, RAPE UNDER ART. 266-A OF
Respondent. THE REVISED PENAL
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COMPLAINT
I, MARY JANE FAJARDO, Filipino, of legal age, and with residence at
La Paz, Zamboanga City, after having been duly sworn in accordance with law,
hereby depose and state that:
1. This complaint-affidavit is being filed to charge Jerwil Casumpa a.k.a
“Jerwil”, Filipino, of legal age, and with residence at Barangay Ayala,
Zamboanga City, of the crime of Rape under Article (Art.) 266-A of the
Revised Penal Code (RPC), committed as follows:
2. On 06 June 2022, I was on my day off as a cashier at KCC Mall de
Zamboanga. At around 10:00 in the morning of the same day, I was taking
a bath at home when I heard a load and persistent knock coming from the
main door of our house;
3. As my parents and brothers were at the farm at that time and thinking that
it was very urgent, I was constrained to pick my towel, hurriedly wrapped
it around my body and went to the door;
4. At the door, I asked who the person outside was and it turned out to be
Jerwil Casumpa (Jerwil, for brevity), the one who regularly delivers fresh
carabao milk. I was able to recognize him through his voice, which I am
familiar with considering that he has made several deliveries in house.
Thus, I opened the door;
5. When I opened the door a little, Jerwil insisted to enter the house to deliver
the four (4) bottles of milk, with much hesitation, I allowed him to enter
the house. However, when he was already inside the house he did not went
out immediately and insisted that I taste the milk while it really fresh;
6. His presence made me so uncomfortable considering that we were alone
in the house and the fact that I was only wearing my towel. I was adamant
to get rid of his presence so I took an empty glass from the kitchen and
gave it to him. Jerwil then filled the empty glass with milk;
7. I hurriedly drank the milk so he may leave thereafter but after consuming
half of the glass, I felt dizzy and lost consciousness. The next thing I could
remember was my brother shaking me to wake me up. It was only then
that I realized lying the floor while naked;
8. Upon waking up, I felt pain all over my body especially on my private part.
When my parents asked what happened, I told them what I could
remember from my encounter with Jerwil;
9. One of our neighbors, Sharlene Sumalpong, also saw Jerwil leaving our
house at around 10:30 in the morning of the same day. The statement of
Sharlene Sumalpong is hereto attached and made an integral part hereof as
Annex “A”;
10. Appalled by what happened, my mother and I went to the police station to
report the crime committed by Jerwil against my person. The police took
my sworn statement, a copy of which is hereto attached and made an
integral part hereof as Annex “B”. Thereafter, I was examined by a
medico-legal officer. A copy of the Medico-Legal Report is likewise hereto
attached and made an integral part hereof as Annex “C”;
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11. The elements of rape are carnal knowledge and the commission of the act
without the consent or against the will of the woman thru force or
intimidation, or when she was deprived of reason or unconscious, or when
she was under 12 years of age, or demented;
12. Based on the foregoing, it is beyond cavil that respondent Jerwil Casumpa
committed the crime of rape punishable under Art. 266-A of the RPC. He
had drugged me and had sexual intercourse with me without my consent
and during my unconsciousness. This constitutes rape as defined in our
laws;
IN WITNESS WHEREOF, I have hereunto affix my signature this
______________ in the City of Zamboanga, Philippines.
MARY JANE P. FAJARDO
Affiant
SUBSCRIBED AND SWORN TO before me this
__________________ at Zamboanga City, Philippines.
THIS IS TO CERTIFY THAT I have personally examined the herein
affiant and I am fully satisfied that she executed and understood her affidavit.
