REPUBLIC OF THE PHILIPPINES

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Legazpi City, Albay

PAULINA OGLAOGAN
Complainant
vs. I.S. No. 012345
For: Rape
JACK COLMENARES, ANASTACIO
PEDRITO ESCHALUCHE, and ANDY LIM
Respondents.

x ………………….................................. x

COMPLAINT - AFFIDAVIT

I, PAULINA OGLAOGAN, Filipino, of legal age, and with residence at No. 012

King’s Landing Subdivision, Brgy. West Eros, Legazpi City, Albay, after having been

duly sworn in accordance with law, hereby depose and state that:

(1) This complaint-affidavit is being filed to charge Jack Colmenares a.k.a “Jak-Jak”,

Anastacio Pedrito Eschaluche a.k.a “Kuya Wel” and Andy Lim a.k.a “Andoy”, Filipinos,

of legal ages and with residence at No. 69 Dragon’s Bay Subdivision, Brgy. Mereen,

Legazpi City, Albay of the crime Rape under Article (Art.) 266 of the Revised Penal

Code (RPC), committed as follows:

(a) On 16th of February 2018, at around 9:00 in the evening, me and my friends

went to Bar 101 to party after our Kick – Off Party in Hotel St. Ellis.

(b) After a drink or two, we decided to go home and I was left alone at the corner

of Goldstreet since my friends houses were nearby so there I waited for a Public

Utility Jeepney to commute home.

(c) Jack Colmenares, Anastacion Pedrito Eschaluce and Andy Lim, who

happened to be my classmates, stopped by with Jak-Jak’s car and offered me a

ride home.

(d) Kuya Wel offered me the front seat and said “Dito ka na lang umupo, tabi na

lang kami ni Andoy sa likod.”

(e) Before Jak-Jak drive, he sprayed something on the aircon in front of me and

said “Pabanguhan ko lang sasakyan, nakakahiya kasi, may babe.”

(f) I felt dizzy and I thought I was just tipsy but everything went blur then I woke

up in a room while my hands and feet were tied to a bed while Jak-Jak, Kuya Wel

and Andoy was cheering and prancing, Kuya Wel then said “Ayan na! Gising na

siya!”

(g) While Andy is turning on the camera, Jak-Jak took of his shirt while mimcking

a macho dancer, and Kuya Wel sliding the back of the knife before using it to rip

my dress and underwears.

(h) Thereafter, Jak-Jak was naked and as I was shouting for help, He gagged me

with a cloth, and I felt his genitals as he throb it against me before he insert the

same into my vagina while Andoy is filming the whole process and comments

“Sige pa!”

(i) After satisfying his carnal desires, Kuya Wel before taking off his clothes, he

frantically said,”Yes! Ako naman!”.

(j) After he took his turn, He then said to Andoy “Ikaw naman”. Andoy thereafter

passed the camera to Kuya Wel and then took his turn.
(2) Due to exhaustion, I passed out and woke up in a grass plain naked where luckily,

an old lady named “Aling Vicky” saw and helped me.

(3) Dressed by Aling Vicky’s shoal, we went to her house and offered me food, drink

and clothes of her daughter then let me borrowed her cellphone where I managed to

contact my parents.

(4) Appalled by what happened, my parents fetched me at Aling Vicky’s house and we

went to the police station to report the crime committed by Jak-Jak, Kuya Wel and

Andoy against me. The Police took my sworn statement, a copy of which is hereto

attached and made an integral part thereof as Annex “A”. Thereafter, I was examined by

their medico-legal officer. A copy of the Medico-Legal Report is likewise hereto attached

and made an integral part hereof as Annex “B”.

(5) The elements of rape are carnal knowledge of a woman, through force, threat or

intimidation, and the commission of the act without the consent or against the will of the

woman, or by means of fraudulent machination or when she is deprived of reason or

otherwise unconscious.

(6) Based on the foregoing, it is beyond cavil that respondents Jack Colmenares,

Anastacio Pedrito Eschaluce and Andy Lim committed the crime of rape punishable

under Art. 266 of the RPC. They had sexual intercourse with me through force using

fraudulent machinations and depriving me of reasons.

(7) Further, whenever the crime of rape is committed by two or more persons, the

penalty shall be reclusion perpetua to death.

AFFIANT FURTHER SAYETH NAUGHT.

 IN WITNESS WHEREOF, I have hereunto set my hands this 3rd day of May

2018, in Legazpi City, Albay.

Paulina Oglaogan
Complainant/Affiant
Student ID No. 2012 - 1122

SUBSCRIBED AND SWORN TO before me, this 3rd day of May 2018 in Legazpi

City, Albay.

ACP Juan Pedro

Prosecutor

This is to certify that I have personally examined the herein affiant and that I am

satisfied that she voluntarily executed and understood her statements herein.

ACP Juan Pedro

Prosecutor