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shoes and warned her not to tell her mother and father about the
incident.
AAA was wearing leggings and panty at the time of the incident.
Petitioner never removed anything from her when he touched her. At the
time of the incident, they were the only person (sic) inside the room. Her
father and other siblings were then asleep in another room while his
brother was downstairs.
AAA's brother came to know about the incident when he saw her crying in
a corner of their house. Her brother told her mother about the incident.
Her mother called a police and petitioner was later apprehended. Her
mother gave her statements at the police station.
On January 25, 2010, Ortiz, a medico-legal officer of the PNP Crime
Laboratory, received a request for Physical/Genital Examination on the
person of AAA. His examination states: "ano-genital examination reveals
essentially normal gross findings." He observed that AAA's hymen was
annular, thin with central orifice and no abnormality noted. There was no
evidence of any sexual abuse because of his findings that AAA's genital
organ is normal.[6]
On the other hand, the Defense presented the petitioner as its lone witness, and his
testimony is synthesized in the assailed decision thusly:
AAA was the sister of his girlfriend. He and his girlfriend had been a
couple for one year and five months. He visited his girlfriend's house only
for three (3) times since August 29, 2008 up to January 24, 2010. He
rarely visits his girlfriend at their house because he was busy with his
work delivering food in the market. He was an employee of Amado Pingco
of Harkmen Company in Marikina Heights as stay-in worker.
On January 24, 2010, his girlfriend called him up and told him to go to
their house to give him something. He left Marikina at around 3:30p.m.
and arrived in Valenzuela City at around 5:30 p.m. While he was in front
of his girlfriend's house, the mother and brother of his girlfriend went out
of the house and said to him "walanghiya ka, bakit mo nirape ang anak
ko". At that time, he received a text message from his girlfriend that she
was in the market buying something. He was surprised at the accusations
against him. His girlfriend's mother and brother told him that if he really
did not rape AAA he will go with them to the police block. They forced him
to board a tricycle and warned him of being mauled by the persons
standing there. A tricycle passed by and he was brought to the police
block. He learned that it was AAA who complained against him. But AAA
was not at the police block at that time. He was transferred to the police
headquarters where he saw AAA with his girlfriend. He attempted to
approach his girlfriend but her mother pulled her away. Prior to the
incident, his girlfriend told him that he should not show himself to her
mother whenever he is drunk. Her mother noticed that he seldom visits
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