Republic of the Philippines

Department of Justice
CITY PROSECUTION OFFICE Digos City JOYCE MONTANA, Complainant, -versusCHRIS ABARILLAMOSA, Respondent. x------------------------------------x NPS DOCKET NO.XII-04-INV 2014L-00321 -forVIOL. OF RA 8353

JUDICIAL AFFIDAVIT-COMPLAINT

I, JOYCE MONTANA, of legal age, single, Filipino and a resident of Brgy.Kalasuyan, Kidapawan City,Cotabato, Philippines, after being duly sworn to, hereby depose and say that: The person interrogating me is ATTY. ALLEN M.TEMBS, with office address at TEMBS, CAOAGDAN, DINAMPO LAW OFFICES, Forbes St., Ayala Heights,Kidapawan City, Cotabato, Philippines. This interrogation was held at the same address. I am answering his questions fully conscious and I do so under oath and aware that I may be liable for criminal liability for any false testimony and perjury. QUESTION AND ANSWER

Q1: A1:

Please state your name, age, status, address and other personal circumstances. Joyce Montana, 20 years old, single, a resident of Brgy. Kalasuyan, Kidapawan City, Cotabato, Philippines, an assistant secretary of the Dean of Law School of CorJesu College, Digos City. Aside from being a secretary, what keeps you busy? I am also a law student at the same time.

Q2: A2:

Q3: What year are you now? A3: First year. Attached is a machine copy of the proof of enrolment of the complainant marked as ANNEX A and Certificate of Employment marked as ANNEX B to form as an integral part of this affidavit. Q4: A4: Q5: A5: Q6: A6: Why are you here in this office? To formally lodge a complaint Abarillamosa. against Chris

What complaint are you referring to against Chris Abarillamosa. He raped me thrice maam. When did the incident happen? Sometime on the first week of August 2012, at around 10:30 oclock in the evening and on August 22, 2012 at around 8:00 oclock and 10:00 oclock in the morning. Will you narrate how the incident happened on the first week of August 2012? The first incident was on the evening on the first week of August 2012 at around 10:30 oclock in the evening. I was inside the library arranging the books that were used by the students on that same day. Why were you arranging the books inside the library? It was an additional task assigned to me, to act as a librarian, aside from being the Deans Assistant Secretary, because there was no librarian employed yet at that time. What happened next? When suddenly someone appeared from behind, grabbed my hands and immediately covered my mouth using one of his hands. I struggled but suddenly I felt a sharp point on my neck. He immediately takes off his pants and brief and told me to lie down. At that moment, I cannot think wisely due to fear and so I followed what he said. At that time I saw his face and the knife pointed on my neck. Who was that person then? Chris Abarillamosa.

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What followed next? While the knife was still pointed on my neck, he lied on top of me, inserted his hand inside my skirt and pulled my panty down. He then forcibly inserted his erected penis on my vagina, and do the push and pull movement until he satisfied his lustful desire. Was there any other person inside the library during that time? None Maam. Why didnt you shout or even asked for help? Because while he was satisfying his lustful desire, the knife was still pointed on my neck and threatened to kill me if I will shout. What happened next? He got up, and dressed then simply goes out the library as if nothing happened. How about the second incident, will you narrate what happened? On August 22, 2012 at around 8:00 oclock in the morning, I was inside the Deans Office studying my lessons, when suddenly Chris Abarillamosa entered the room and immediately locked the door. What happened next? I attempted to shout but he immediately approached and embraced me. I struggled to free myself but again he pointed a knife on me. He pushed me to the photocopying machine, pulled his pants and brief down, inserted his hand inside my skirt and pulled my panty down. He then forcibly inserted his erected penis on my vagina, and do the push and pull movement until he satisfied his lustful desire. What happened next? He stayed on top of me and still pointing the knife and threatened to kill me if I will tell somebody. What followed next? When we heard a trickle at the library beside the Deans office, he immediately dressed up and gave me a dagger look and threatened to kill me if I will tell somebody. Then, he left the office.
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After that, what happened next? While still trembling, I fixed myself and left the office. An hour after I went back to the office, while Im placing my books in the table, suddenly Chris entered the room, pointed a knife on me and immediately push me down and again forcibly satisfied his lustful desire. He threatened again to kill me if will tell somebody about what he did.

Attached is the Affidavit of Witness of Jaime Bading and Ana Varbo and marked as Annex C and D to form as an integral part of this complaint. Q20: A20: Did you submit yourself for medical examination? Yes maam, after my mom discovered that Im no longer had my monthly visit.

Attached is the Medical Certification of Dr. Orero who examined the victim and marked as Annex E to form as an integral part of this complaint. Q21: A21: Q22: A22: Q23: A23: Q24: A24: Q25: A25: I have no more questions to ask, do you have something more to say in connection with this investigation? No more maam. Do you attest that you are the one who answered all the questions asked to you? Yes maam. Do you attest that you are of sound mind and under oath when you answered all the questions? Yes maam. Do you attest that if you will give false statements, you will be criminally liable and may face criminal charges? Yes maam. Will you sign this Judicial Affidavit Complaint with all your heart, without force, threat or intimidation? Yes maam.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of January 2014 at Kidapawan City, Cotabato, Philippines. JOYCE MONTANA Affiant
Student ID No. CJC-2014-015 COR JESU COLLEGE

SUBSCRIBED AND SWORN to before me on this 20th day of January 2014, at Kidapawan City, Cotabato, Philippines.
Doc. No. 01; Page No. 01; Book No. 01; Series of 2014. ATTY. ALLEN M. TEMBS Notary Public Until December 31, 2016 PTR No. 010101/01-04-14 IBP No. 021010/01-04-14 North Cotabato Chapter TIN No. 123-456-789 Roll No. 100,025 Kidapawan City

ATTESTATION CLAUSE I, the undersigned lawyer hereby attest and certify that: I conducted and supervised the examination of witness at TEMBS, CAOAGDAN, DINAMPO LAW OFFICES, Forbes St., Ayala Heights,Kidapawan City, Cotabato, Philippines on 20 January 2014; I have faithfully recorded or caused the questions asked and the corresponding answers the witness gave; Neither I nor any other person then present or assisting him coached the witness regarding the latters answer; and any false attestation shall be subject me to a disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto set my hand, this 20th day of January 2014 at Kidapawan City, Cotabato, Philippines. ALLEN TEMBS
Affiant
Roll No. 100,025 TIN No. 123-456-789

SUBSCRIBED AND SWORN to before me on this 20th day of January 2014 at Kidapawan City, Cotabato, Philippines.

Doc No.__; Page No. __; Book No. __; Series of 2014;

EXPLANATION: Pursuant to Sec. 11, Rule 13 of the 1997 Rules on Civil Procedure the foregoing pleading is being served CHRIS ABARILLAMOSA by registered mail and filed to the CITY PROSECUTION OFFICE, Digos City, Cotabato by personal service.

ATTY. ALLEN M. TEMBS

Copy Furnished: (Registered Mail) CHRIS ABARILLAMOSA Digos City Registry Receipt No. :________ Date: January ________ , 2014