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COMPLAINT AFFIDAVIT

BRACKEN VERSUS RIZAL


FOR: Violation of Art 266-(RAPE) of RA 8353

Republic of the Philippines

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8th Judicial Region

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OFFICE OF THE CITY PROSECUTION
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

ELIZABETH JANE M. BRACKEN, NPS NO.____________


In behalf of her minor daughter,
MARIE JOSEPHINE M. BRACKEN,
Complainant FOR: Violation of
Article
266-A (RAPE) of R.A.
8353

-versus-

JOSE PROTASIO JP M. RIZAL,


Respondents.
x------------------------------------------------x

COMPLAINT-AFFIDAVIT
PREFATORY STATEMENT

This is the complaint-affidavit of complainant,


ELIZABETH JANE M. BRACKEN, Filipino, of legal age, widow
and a resident of 123 P. Burgos St., Brgy. 37, Tacloban City,
Leyte. The statements were taken and recorded based on
the examination made by Atty. Andrea Bonifacio, Notary
Public for Leyte, including the cities of Tacloban and Ormoc,
at the office of the same lawyer on _____________.

The complainant answered under oath in the English


language and had sworn that she understood her statements
made here and stands for their veracity. She was made
aware that she made these statements under oath and fully
conscious that she may face criminal liability for false
testimony or perjury.

PURPOSE(S) OF THE AFFIDAVIT

This complaint-affidavit in judicial affidavit form is offered


pursuant to Administrative Matter No. 12-8-8-SC, for the
following purposes:
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

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1. To establish probable cause for the filing of an

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information for Violation of Art 266-A (RAPE) of the
Revised Penal Code (RA 8353) against Jose Protasio M.
Rizal;

2. To identify and testify on relevant and material


documents; and

3. To prove other relevant matters.

The following questions and answers were asked and


recorded:

QUESTION 1: Please state your name, age, civil status,


occupation and present address.
ANSWER 1: I am Elizabeth Jane M. Bracken, of legal age,
widow, a grade school public teacher and a
resident of 123 P. Burgos St., Tacloban City,
Leyte.

QUESTION 2: What brought you to this office?


ANSWER 2: I am going to make a complaint-affidavit.

QUESTION 3: In which language do you prefer your affidavit


to be made?
ANSWER 3: In English.

QUESTION 4: What is the purpose of the affidavit?


ANSWER 4: It is for the filing of a criminal case against
Jose Protasio M. Rizal.

QUESTION 5: Are you aware that you are only to tell the
truth and nothing but the truth and any false
testimony you make will make you criminally
liable?
ANSWER 5: Yes, maam.

QUESTION 6: Who is this Jose Protasio JP M. Rizal?


COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

ANSWER 6: He was my live-in partner. He is freelance

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electrician. I have here with me a picture of

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him. (Hands picture to examining lawyer)

QUESTION 7: Is this man on this picture the same man who


violated your daughter?
ANSWER 7: Yes, maam.

QUESTION 8: Do you agree to attach this picture1 to this


complaint affidavit as ANNEX-A?
ANSWER 8: Yes, maam.

QUESTION 9:Why are you now filing a criminal case for


violation of Art 266-A (Rape) against Mr.
Rizal?
ANSWER 9: Because he had sexual intercourse with my
minor daughter, Marie Josephine M. Bracken.

QUESTION 10: How old is Marie Josephine M. Bracken?


ANSWER 10: She was born on January 18, 2008. She just
turned nine (9) last January 18, 2017. I have
here the original copy of her NSO issued
Certificate of Birth. (Complainant hands the
Certificate of Birth to examining lawyer)

QUESTION 11: Do you agree to attach this Certificate of


Birth2 to this Complaint Affidavit as ANNEX-
B?
ANSWER 11: Yes, maam.

QUESTION 12:How old was she when Mr. Rizal violated her?
ANSWER 12: She was eight (8) years old when I caught JP
in the act of raping her last January 13, 2017.

QUESTION 13: Can you tell me what transpired on January


13, 2017?
ANSWER 13: On January 13, 2017, I arrived home from
work at around 03:00 in the afternoon. I
usually arrive home at around 05:00 in the
1 Please refer to the copy of the picture hereto attached as ANNEX-A.

2 Please refer to the copy of the Certificate of Birth issued by NSO hereto
attached as ANNEX-B.
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

afternoon but since there was an event at

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school, I was able to go home early.

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When I entered the house, I noticed that no
one was around. As I was about to enter our
bedroom, I heard noises coming from the
inside. It was them where I saw my live-in
partner, JP, having carnal knowledge with my
daughter, Marie Josephine. He was on top of
her, with his pants down, and his penis
inserted in her vagina.

QUESTION 14: What did you do right after?


ANSWER 14: I screamed for help then I immediately
grabbed the broomstick located near our
bedroom door then I started hitting Jose. He
was caught off guard, he quickly stood up and
he shielded himself from my attacks. I tried to
fight back but he was stronger, he pushed me
and I fell back and hit the bedside table. It
was a good thing that our Brgy. Captain,
Manong Pedro, who was our next door
neighbor, came to our rescue. He heard my
scream and he went inside our house.

QUESTION 15: What happened next?


ANSWER 15: Upon seeing Manong Pedro, JP ran out of
the house. Manong Pedro then ran after Jose.
I did not run after them because I was more
concerned with my daughter. I checked if she
had any wounds or injuries. After finding
none, I asked her to put on her clothes and
underwear that was discarded on the bed and
then I covered her with a blanket and I
immediately brought her to Eastern Visayas
Regional Medical Center (EVRMC).

QUESTION 16: What happened at EVRMC?


ANSWER 16: When we arrived at the Emergency Room (ER)
I explained to the receiving staff about what
happened. They were the ones who called the
police. We were likewise assisted by one
Kristine De Veyra who introduced herself to us
as a representative of the Department of
Social Welfare and Development (DSWD).
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

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Kristine and I prodded Marie to tell us what happened. Marie

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was very hesitant to talk at first but when we
finally convinced her to confess to us. She
told us that she was just playing with her toys
at the living room when JP came home drunk.
He then asked her to accompany him to our
bedroom. He told her that he bought a toy for
her. She was hesitant to enter our room at
first but when he showed her the box of a
Barbie doll, she then complied. It was then
that he pushed down the bed. He threatened
her. He said that if she would scream or fight
back, he would kill her. She tried to struggle
free but because JP was stronger and bigger
than her. She tried her best to fight back but
he succeeded into forcing himself inside her.

QUESTION 17: What happened after the interview?


ANSWER 17: My daughter was then brought to the
examination room and there she was
examined by Dr. Catherine Gutierrez. It was
found out that my daughter suffered vaginal
lacerations. Dr. Gutierrez issued this Medical
Certificate to that effect. (Hands the Medical
Certificate to examining lawyer)

QUESTION 18: Do you agree to attach this Medical


Certificate3 as ANNEX-C to this complaint
affidavit?
ANSWER 18: Yes, maam.

QUESTION 19: What happened next?


ANSWER 19: Dr. Almira Verona, who is a psychologist from
EVRMC conducted a psychological
examination and post- traumatic stress
counselling. I have here with me the copy of
the psychological report made by Dr. Verona.
(Hands the documents to examining lawyer)

3 Please refer to the copy of the Medical Certificate hereto attached as


ANNEX- C.
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

QUESTION 20: Do you agree to attach this Psychological

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Report4 as ANNEX- D to this complaint

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affidavit?
ANSWER 20: Yes, maam.

QUESTION 21: What happened next?


ANSWER 21: A Police Officer who introduced himself to us
as PO3 Ricardo Dalisay took our statements
and he assisted us in filing the Police Blotter
of the case. I have here with me the copy of
the said Police Blotter (Hands the Documents
to examining Lawyer). My daughter also
answered some questions from the lady in
charge of the womens desk. The DSWD
social worker was there to oversee the
interview. (Hands the Sinumpaang Salaysay
taken from the victim in original vernacular
version and translated copy)5

QUESTION 22: Do you agree to attach this Police Blotter6


to this Complaint Affidavit as ANNEX- F?
ANSWER 22: Yes, maam.

QUESTION 23: What happened next?


ANSWER 23: We stayed at the hospital overnight as
recommended by the doctor in order to
monitor my daughters condition. After that
we went home.

QUESTION 24: What did you do next?


ANSWER 24: I decided to file this rape Case against JP in
order to obtain justice for my daughter.

QUESTION 25:Are you aware that you made these


statements under oath and fully conscious
that you may face criminal liability for false
testimony or perjury?
ANSWER 25: Yes, maam.

4 Please refer to the copy of the Psychological Report hereto attached as


ANNEX-D.

5 Please refer to the Sinumpaang Salaysay with translation hereto attached


as ANNEX-E

6 Please refer to the excerpt of Police Blotter with crime scene photo hereto
attached as ANNEX-F.
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

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QUESTION 26: Are you willing to affix your signature
here in order to prove that you have
voluntarily made this affidavit and also
understood the contents herein?
ANSWER 26: Yes, maam.

QUESTION 27: Is there anything else that you wish to


say?
ANSWER 27: None at the moment, maam.

x------END OF INQUIRY------x
Republic of the Philippines )
Tacloban City ) S.S.

AFFIANTS OATH AND ATTESTATION

I, ELIZABETH JANE M. BRACKEN, Filipino, of legal


capacity and competence to comprehend without any vice of
consent, hereby attest to have voluntarily and truthfully
made the answers to the foregoing questions.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this day, ____________________, in Tacloban City,
Philippines.

ELIZABETH JANE M. BRACKEN


Affiant

SUBSCRIBED AND SWORN to before me, this day,


_______________, in Tacloban City, Philippines, affiant being
personally known to me.
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

8 Page
Doc. No.:____
Page No.:____
Book No.:____
Series of 2017.

EXAMINING LAWYERS SWORN ATTESTATION

I, ATTY. ANDREA BONIFACIO, Filipino, of legal age,


single, a member in good standing of the Integrated Bar of
the Philippines, Leyte Chapter and with office address at
Imelda St., Tacloban City, hereby depose under oath that:

1. I have faithfully recorded or cause to be recorded in


my laptop computer the questions I have asked to
the above witness and the corresponding answer
that the witness gave; and
2. I have not nor any person present assisted or
coached the witness regarding the latters answers.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this day, _______________, in the City of Tacloban,
Philippines.

ATTY. ANDREA BONIFACIO


Affiant

SUBSCRIBED AND SWORN to before me this day,


________________, in the City of Tacloban, Philippines, affiant
being personally known to me.
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

9Page
Doc. No.:____
Page No.:____
Book No.:____
Series of 2017.

VERIFICATION AND CERTIFICATION OF NON-


FORUM SHOPPING
I, ELIZABETH JANE M. BRACKEN, of legal age,
Filipino, and a resident of 123 P. Burgos St., Tacloban City,
Leyte, after being sworn in accordance with law, hereby
state that:
1. I am the mother of MARIE JOSEPHINE M. BRACKEN
who is a minor and the offended party of this
foregoing case;

2. I have caused the filing of this Complaint Affidavit for


violation of Art 266-A( Rape) of the Revised Penal
Code against Jose Protasio Rizal in behalf of my
minor daughter;

3. I have read the contents and the allegations thereof


and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies
of documents and records in my possession;

4. To the best of my knowledge and belief, no such


action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or
agency; and

5. I should thereafter learn that a similar action or


proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact and
the status of the same within five (5) days therefrom
to this Honorable Commission.
COMPLAINT AFFIDAVIT
BRACKEN VERSUS RIZAL
FOR: Violation of Art 266-(RAPE) of RA 8353

IN WITNESS WHEREOF, I have hereunto affixed my

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signature this day, ___________________, in Tacloban City,

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Philippines.

ELIZABETH JANE M. BRACKEN

Affiant

SUBSCRIBED & SWORN to before me this day,


______________, in Tacloban City, Philippines, affiant being
personally known to me.

Doc. No.__

Page No.__

Book No.__

Series of: 2017.

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