Republic of the Philippines
Department of Justice
REGIONAL TRIAL COURT – BRANCH 13
COTABATO CITY
Nadine Lustre,
Complainant
I.S. No. ______
-versus- For: Rape
James Reid,
Respondent.
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COMPLAINT-AFFIDAVIT
I, Nadine Lustre, Filipino, 15 years of age, and a resident of Sitio Boundary, Pinamulaan,
Bansilan, Cotabato, assisted by my father Daniel Lustre, after having been duly sworn to in
accordance with the law, hereby depose and state that:
1. The complaint-affidavit is being filed to charge James Reid, Filipino, of legal age, and a
resident of Sitio Boundary, Pinamulaan, Banisilan, Cotabato of the crime of Rape under
Republic Act No. 7610 Section 5 (b), committed as follows:
a. That on or about March 2018, I was alone at our house because I had no class and
my parents left for work;
b. At around 9:00 in the morning after I took a bath, my grandfather, James Reid,
went home reeking of alcohol and I approached him and said, “Mano po,”;
c. When my grandfather saw me wrapped in a towel, he immediately pulled it off of
me, thus, revealing my naked body and told me, “Pag sumigaw ka o nag
sumbong, nanay mo ang malalagot. Subukan mo lang.”
d. Out of fear, I could not make any noise at all because my mother was pregnant at
that time and my grandfather was stronger than me. My grandfather had always
been a drunkard and I have seen him countless of times break and throw things
away and hit my mother;
e. James Reid carried me to his room, closed the door, and made me lie down on the
bed. He started to look at my body from my breasts to my legs and then started to
caress my breasts and touch my body;
f. While I was trying to quiet myself from crying, he removed his pants. As I tried to
push him away and beg him to stop, he shushed me and pulled my hair hard and
it was so painful I stopped talking at all;
g. He first touched my vagina and inserted a finger. I closed my eyes in pain and he
did it for a minute or two. After, he went on top of me and inserted his penis into
my vagina;
h. After satisfying his desires, James Reid stood up and wore his pants again. I could
not move but he picked me up to make me stand. He threatened me once again
that if I told anyone about what he did, he would hurt my mother and the unborn
baby;
i. Out of fear, I never spoke to anyone about it because my grandfather is a huge
man and he is capable of hurting my fragile mother and my father is always out of
town for work;
j. This went on and on whenever I am left alone at home to do chores while my
parents worked and sometimes, James Reid would intentionally make me stay at
home to do ‘chores’ as an excuse so that my parents would make me stay with
him;
k. There are instances where James Reid would punch me in my stomach if I
attempted to resist or he would pull my hair so hard that I would feel nauseous.
James Reid would always molest me whenever he got the chance and not once did
he ever miss, despite my many attempts to resist, because of his superior strength
over me;
l. On or about December 2018, my mother gave birth to my baby brother and James
Reid left our home to work for 3 months in Davao City;
m. After my grandfather left, I never had the courage to tell my parents about it
because my mother just had a baby and I still have this fear that James Reid could
always hurt my mother at any time;
n. But on or about March 2019, I have been feeling nauseous and when my father,
Daniel Lustre, saw me vomiting, he asked me how I felt, and out of fear of what
was happening to my body, I confessed;
2. Appalled by what happened, my father and I immediately went to the police station to
report the crime committed by James Reid to my person. The police took my sworn
statement; a copy of which is attached hereto as “Annex A”. Thereafter, I was examined
by their medico-legal officer, and the medico-legal report copy is likewise attached as
“Annex B”;
3. The elements of the crime of Rape are carnal knowledge, force, threat or intimidation, a
commission of the act without the consent or against the will of the victim, or when the
offended party is deprived of reason or otherwise unconscious, or by means of fraudulent
machination or grave abuse of authority, or when the victim under twelve (12) years of
age or is demented;
4. Added to that, it is beyond cavil that the respondent, James Reid, committed the crime of
Rape under R.A. No. 7610, otherwise known as “Special Protection Against Child
Abuse, Exploitation, and Discrimination Act”, specifically Section 5 (b);
5. Moreover, the penalty for lascivious conduct when the victim is under sixteen (16) years
of age shall be reclusion perpetua in its medium period;
6. I am executing this affidavit to attest to the truth of the foregoing facts and for charging
herein respondent James Reid of rape as punishable under Article 266 of the Revised
Penal Code of the Philippines and R.A. No. 7610.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of March 2019 in
Cotabato City.
NADINE LUSTRE
Complainant/Affiant
SUBSCRIBED AND SWORN to before me this 19th day of March 2019 in Cotabato City. I
hereby certify that I have personally examined the above-named affiant and that I am the
foregoing statements were given by her voluntarily and of her own free will.
NINA FRANCINE YU
Public Prosecutor
