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Republic of the Philippines

epartment of JusticeCITY PROSECUTION OFFICE

Digos City

JOYCE MONTANA, NPS DOCKET NO.XII-04-INVComplainant, 2014L-00321

-versus- -for-

CHRIS ABARILLAMOSA, VIOL. OF RA 8353

Respondent.x------------------------------------x

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, withoffice address at TEMBS, CAOAGDAN, DINAMPO LAW OFFICES, ForbesSt., Ayala Heights,Kidapawan City, Cotabato, Philippines. Thisinterrogation was held at the same address. I am answering hisquestions fully conscious and I do so under oath and aware that Imay be liable for criminal liability for any false testimony andperjury.

QUESTION AND ANSWER

Q1: Please state your name, age, status, address and otherpersonal circumstances.

A1: 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 CorJesuCollege, Digos City.

Q2: Aside from being a secretary, what keeps you busy?

A2: I am also a law student at the same time.

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Q3: What year are you now?

A3: First year.

Attached is a machine copy of the proof of enrolment of thecomplainant marked as ANNEX A and Certificate of Employmentmarked as ANNEX Bto form as an integral part of this affidavit.

Q4: Why are you here in this office?A4: To formally lodge a complaint against Chris

Abarillamosa.

Q5: What complaint are you referring to against ChrisAbarillamosa.

A5: He raped me thrice maam.

Q6: When did the incident happen?

A6: Sometime on the first week of August 2012, at around10:30 oclock in the evening and on August 22, 2012 ataround 8:00 oclock and 10:00 oclock in the morning.

Q7: Will you narrate how the incident happened on the firstweek of August 2012?

A7: The first incident was on the evening on the first week

of August 2012 at around 10:30 oclock in the evening.Iwas inside the library arranging the books that wereused by the students on that same day.

Q8: Why were you arranging the books inside the library?

A8: It was an additional task assigned to me, to act as alibrarian, aside from being the Deans AssistantSecretary, because there was no librarian employed yetat that time.

Q9: What happened next?

A9: When suddenly someone appeared from behind,grabbed my hands and immediately covered my mouthusing one of his hands. I struggled but suddenly I felt asharp point on my neck. He immediately takes off hispants and brief and told me to lie down. At thatmoment, I cannot think wisely due to fear and so Ifollowed what he said. At that time I saw his face andthe knife pointed on my neck.

Q10: Who was that person then?

A10: Chris Abarillamosa.

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Q11: What followed next?

A11: While the knife was still pointed on my neck, he lied ontop of me, inserted his hand inside my skirt and pulledmy panty down. He then forcibly inserted his erectedpenis on my vagina, and do the push and pull movementuntil he satisfied his lustful desire.

Q12: Was there any other person inside the library duringthat time?

Q12: None Maam.

Q13: Why didnt you shout or even asked for help?Q13: Because while he was satisfying his lustful desire, the

knife was still pointed on my neck and threatened tokill me if I will shout.

Q14: What happened next?

A14: He got up, and dressed then simply goes out the libraryas if nothing happened.

Q15: How about the second incident, will you narrate whathappened?

A15: On August 22, 2012 at around 8:00 oclock in themorning, I was inside the Deans Office studying mylessons, when suddenly Chris Abarillamosa entered theroom and immediately locked the door.

Q16: What happened next?

A16: I attempted to shout but he immediately approachedand embraced me. I struggled to free myself but againhe 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 pantydown. He then forcibly inserted his erected penis on myvagina, and do the push and pull movement until hesatisfied his lustful desire.

Q17: What happened next?

A17: He stayed on top of me and still pointing the knife andthreatened to kill me if I will tell somebody.

Q18: What followed next?

A18: When we heard a trickle at the library beside the Deansoffice, he immediately dressed up and gave me adagger look and threatened to kill me if I will tellsomebody. Then, he left the office.

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Q19: After that, what happened next?

A19: While still trembling, I fixed myself and left the office.An hour after I went back to the office, while Implacing my books in the table, suddenly Chris enteredthe room, pointed a knife on me and immediately pushme down and again forcibly satisfied his lustful desire.He threatened again to kill me if will tell somebodyabout what he did.

Attached is the Affidavit of Witness of Jaime Bading and Ana Varboand marked as Annex Cand D to form as an integral part of thiscomplaint.

Q20: Did you submit yourself for medical examination?A20: Yes maam, after my mom discovered that Im no longer

had my monthly visit.

Attached is the Medical Certification of Dr. Orero who examined thevictim and marked as Annex Eto form as an integral part of thiscomplaint.

Q21: I have no more questions to ask, do you have something

more to say in connection with this investigation?A21: No more maam.

Q22: Do you attest that you are the one who answered allthe questions asked to you?

A22: Yes maam.

Q23: Do you attest that you are of sound mind and underoath when you answered all the questions?

A23: Yes maam.

Q24: Do you attest that if you will give false statements, youwill be criminally liable and may face criminal charges?

A24: Yes maam.

Q25: Will you sign this Judicial Affidavit Complaint with allyour heart, without force, threat or intimidation?

A25: Yes maam.

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IN WITNESS WHEREOF, I have hereunto set my hand this 20thday of January 2014at Kidapawan City, Cotabato, Philippines.

JOYCE MONTANAAffiant

Student ID No. CJC-2014-015COR JESU COLLEGE

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

Doc. No. 01; ATTY. ALLEN M. TEMBSPage No. 01; Notary PublicBook No. 01; Until December 31, 2016Series of 2014. PTR No. 010101/01-04-14

IBP No. 021010/01-04-14North Cotabato ChapterTIN No. 123-456-789Roll No. 100,025Kidapawan City

ATTESTATION CLAUSE

I, the undersigned lawyer hereby attest and certify that: Iconducted and supervised the examination of witness at TEMBS,CAOAGDAN, DINAMPO LAW OFFICES, Forbes St., AyalaHeights,Kidapawan City, Cotabato, Philippines on 20 January 2014; Ihave faithfully recorded or caused the questions asked and thecorresponding answers the witness gave; Neither I nor any other

person then present or assisting him coached the witness regardingthe latters answer; and any false attestation shall be subject me toa disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto set my hand, this 20thday of January 2014at Kidapawan City, Cotabato, Philippines.

ALLEN TEMBSAffiant

Roll No. 100,025TIN No. 123-456-789

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

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

EXPLANATION:

Pursuant to Sec. 11, Rule 13 of the 1997 Rules on CivilProcedure the foregoing pleading is being served CHRISABARILLAMOSA 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 ABARILLAMOSADigos City

Registry Receipt No. :________Date: January ________ , 2014