Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 51
Baguio City
PEOPLE OF THE PHILIPPINES
Plaintiff
-versus-
CRIMINAL CASE No. 777-09
FOR
RAPE
KYLE SANTOS
Defendant
X ------------------------------ X
INFORMATION
The undersigned, 3rd City Prosecutors hereby accuses KYLE SANTOS the above-named accused of
the crime of rape defined and punished under Article 266-A paragraph 1 of the Revised Penal Code as
amended by Republic Act No. 8353, committed as follows:
That on or about October 28, 2009, at about 8:00 PM, in the City of Baguio and within the
jurisdiction of this Honorable Court, at Unit 255 Baguio Burnham Suites, Kisad Rd., Baguio City,
particularly in the room where the children usually sleep and when their mother was away and the
other children are busy watching the television, did there and then, willfully, unlawfully and feloniously,
forced his penis into the vagina of his daughter, KYLA SANTOS, 15 years of age against her will and by
means of force, violence, intimidation and threats.
All contrary to law and with aggravating circumstance that the said offense was committed by
abuse of relationship, during nighttime and taking advantage of superior strength, the latter not having
given provocation for the offense.
Contrary to law.
Joyce Christine Basuel
3 Asst. City Prosecutor
rd
Rutchel Cusi
3rd Asst . City Prosecutor
Precious Madio
3rd Asst. City Prosecutor
Witnesses:
Names:
Ninay Santos
Edu Santos
Dr. Hayden Koh., M.D., F.P.G.O.S.
Addresses:
Unit 255 Baguio Burnham Suites, Kisad Rd., Baguio City
Unit 255 Baguio Burnham Suites, Kisad Rd., Baguio City
Doctor’s Offices Baguio General Hospital
CERTIFICATION
I hereby certify that a preliminary investigation has been conducted in accordance with law; that
the complainant and her witnesses have been examined and that on the basis of their sworn statement
and other evidence submitted, there is a reasonable ground to form a belief that the crime of rape had
been committed, and that the accused was informed of the complaint and the copies of the sworn
statements were duly furnished to him and was given the opportunity to submit his counter-affidavit
and other evidence to controvert the complaint.
Baguio City, Philippines, November 11, 2009.
Subscribed and sworn to me, this 12th day of November, 2009, in the City of Baguio, Philippines.
Joyce Christine Basuel
3rd Asst. City Prosecutor
Rutchel Cusi
3rd Asst . City Prosecutor
Precious Madio
3 Asst. City Prosecutor
rd
APPROVED:
__________________
Maria Noepi Elizade
City Prosecutor
RECEIVED and FILED this November 12, 2009 in the City of Baguio, Philippines.
Kristeta Yap
Clerk of Court
SWORN STATEMENT OF KYLA SANTOS GIVEN TO PO1 CRYSTAL RANILLO AT ABOUT 10:00 AM OF
OCTOBER 29, 2009 INSIDE THE OFFICE OF WOMEN & CHILDREN CONCERN DESK IN THE PRESENCE OF
P02 SAM JUAN AND A SOCIAL WORKER IN THE NAME OF MS. JULIE CEASAR HER STATEMENT WAS
TAKEN IN TAGALOG DIALECT AND WAS SUBSEQUENTLY TRANSLATED TO ENGLISH LANGUAGE WITH THE
CONFORMITY BY THE DECLARANT:
Q01: Do you swear to tell the truth and nothing but the whole truth in this investigation?
A01: Yes ma’am.
Q02: Please state your name and other personal circumstances?
A02: I am Kyla Santos, 15 y/o, single, student and a resident of Unit 255 Baguio Burnham Suites, Kisad
Rd., Baguio City, born on December 8, 1994.
Q03: What prompted your presence inside our office?
A03: I came here to file a complaint against my father KYLE SANTOS, 57 y/o, married, franchise owner of
Starbucks Coffee, SM Baguio City, native of Metro Manila and residing the same address who raped me.
Q04: When and where did the incident happened?
A04: It happened on 8:00 PM on October 28, 2009 at our residence.
Q05: Please narrate what really happened.
A05: On October 25, 2009, my mother, Ninay Santos, went to Cebu to attend a one week conference.
On October 28, 2009, my sister and brother was in the sala watching television. Then my father went to
our room where I was sleeping because I was not feeling well. Then he lay down beside me and started
kissing my neck and whispered, “Hwag kang magiingay at manlalaban, kundi papatayin kita at ang mama
mo!” He then undressed me and grabbed my breast. After which he undressed himself and went over
me and right there and then inserted his penis.
Q06: I have no more questions to ask as of this moment, do you wish to add or retract any of your given
statement?
A06: None for the moment.
Q07: Are you willing to sign your statement under oath?
A07: Yes maam.
IN WITNESS WHEREOF, I hereunto set my hand this November 5, 2009, in the city of Baguio,
Philippines.
MS. JULIE CEASAR
Social Worker
KYLE SANTOS
Declarant
SUBSCRIBED AND SWORN TO before me this November 5, 2009, in the City of Baguio,
Philippines and further certify that I have examined herein declarant and I am fully satisfied that he gave
her statement free and voluntarily and understood the content of the same.
__________________
Maria Noepi Elizade
City Prosecutor
Republic of the Philippines }
Done in the City of Baguio } S.S.
AFFIDAVIT
I, Kyla Santos, minor, Filipino citizen, single and a present resident of Unit 255 Baguio Burnham
Suites, Kisad Rd., Baguio City, after being sworn to in accordance with law, hereby depose and
state:
1. That I am the complainant in the case for RAPE against Kyle Santos before the Office of
the City Prosecutor of Baguio;
2. That in relation to said complaint, I executed a SWORN STATEMENT dated November
5,2009 consisting of one(1) page;
3. That in the above mentioned Sworn Statement, I failed to state certain details related to
the rape perpetrated against me by my biological father:
a. The on October 28, 2009 when I was in sleeping in my room, located at Unit 255
Baguio Burnham Suites, Kisad Rd., Baguio City my father entered the room. I was
shocked when he lied beside me and started kissing me on the neck and on the
breast, undressed me and himself and then inserted his penis in my vagina. During
such time my mother was out of the City for a week-long conference.
b. There was nothing I could do except to cry when my father was abusing me because
he was physically stronger and that I was afraid of his threat (Hwag kang magiingay at
manlalaban, kundi papatayin kita at ang mama mo!),if I will shout or tell to anyone what
happened;
c. It was sometime on November 1, 2009,when my mother came home that I was forced to tell
my mother and my brother about what my father did to me.
4. That I am executing this affidavit to supplement my complaint against Kyle Santos for
RAPE which is docketed as I.S. No. 777-09 pending at the Office of the City Prosecutor of
Baguio City.
Done this 5th day of November, 2009 in Baguio City, Philippines.
Kyla Santos
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of November, 2009 in the City of
Baguio, Philippines.
_______________________
Maria Noepi Elizade
City Prosecutor
CERTIFICATION
This is to certify that I have personally examined and am fully satisfied that she gave her
statement freely and voluntarily and that she executed the same.
_______________________
Maria Noepi Elizade
City Prosecutor
Republic of the Philippines }
Done in the City of Baguio } S.S.
AFFIDAVIT
I, Edu Santos, 18 years old, Filipino citizen, single and a present resident of Unit 255 Baguio
Burnham Suites, Kisad Rd., Baguio City, after being sworn to in accordance with law, hereby
depose and state:
1. That I am the brother of the complainant in the case of RAPE against Kyle Santos before
the Office of the City Prosecutor of Baguio;
2. That in relation to said complaint, I am executing this AFFIDAVIT dated November 5,
2009 consisting of one(1) page;
3. These are certain details related to the rape perpetrated against my sister by our
biological father:
d. The on October 28, 2009 when I was in watching television in the sala and my sister
is sleeping in our room. Unknown to me, our father entered the room and violated
the virtue of my sister. It was during that time when our mother was out of the City
for a conference to be conducted in a week.
e. It was sometime on November 1, 2009, when our mother came home that I was made to
know about what my father did to my sister.
4. That I am executing this affidavit to supplement my sister’s complaint against Kyle
Santos for RAPE which is docketed as I.S. No. 93232-3232-9999 pending at the Office of
the City Prosecutor of Baguio City.
Done this 5th day of November, 2009 in Baguio City, Philippines.
Edu Santos
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of November, 2009 in the City of
Baguio, Philippines.
_______________________
City Prosecutor
CERTIFICATION
This is to certify that I have personally examined and am fully satisfied that he gave his
statement freely and voluntarily and that he executed the same.
_______________________
City Prosecutor