When AAA came back to the room, she and DDD occupied the lower deck while the accused-appellant who came
thereafter occupied the upper deck. AAA whispered to DDD "ni rape ako ni papa" (I was raped by papa); thus, DDD
suggested they trade places. Later, the accused-appellant got down to the lower deck, carried DDD up to the upper
deck, kissed him, touched his penis, and then pushed him away. [11]
The following morning, as AAA was taking a bath, the accused-appellant saw her bloodied underwear and threw it
away. He gave AAA P15.00 to buy spaghetti and soda. On her way to the eatery, AAA saw the helper of Susan, her
mother's regular customer as a manicurist. AAA and the helper went to Susan's house where they saw BBB. AAA
and BBB proceeded to the barangay hall with the intention of proving that BBB did not kidnap AAA. [12]
At the barangay hall, AAA told BBB that the accused-appellant had carnal knowledge of her; thus, they proceeded to
an aunt's place so that BBB could check on AAA's vagina. BBB saw that AAA's vagina was swollen so they went
immediately to the police station to report the incident. [13] AAA expressed her anger at the accused-appellant and said
she wanted him killed.[14]
On 16 September 2001, the NBI referred[15] AAA to Dr. Baluyot who, after securing BBB's consent[16] to conduct a
medical examination on AAA, interviewed her. AAA told Dr. Baluyot that she was raped by the accused-appellant. Dr.
Baluyot wrote down her interview with AAA and, thereafter, she examined AAA from head to toe. [17]
At the PGH, pictures were taken of AAA's anus and genitalia.[18] Dr. Baluyot wrote her final medico-legal
report[19] containing the following pertinent findings and impressions:
HYMEN: Tanner stage 1, attenuated posterior rim of hymen from 3 to 9 o'clock area, Type of Hymen: annular.
IMPRESSIONS
Genital examination findings suggestive of blunt force or penetrating trauma.
On 14 January 2002, Dr. Leynes met AAA at her PGH-CPU office. In assessing AAA's mental condition, Dr. Leynes
conducted a psychological evaluation by interviewing AAA and BBB. Her psychiatric evaluation [20] of AAA revealed
the following:
Psychiatric Diagnosis
xxx
Axis 4:
Sexual abuse
Problems with primary support group
Axis 5:
71-80 - Symptoms are transient and expectable reactions to psychosocial stresses.
Version of the Defense
On 4 September 2001, the accused-appellant saw AAA crying while embracing DDD at his welding shop. When the
accused-appellant asked AAA why she came to the shop, she replied that she wanted to complain to him that BBB
and her live-in partner, Ronnie Reyes (Reyes), whom she called "demonyo" (devil), were hurting her. Consequently,
the accused-appellant went to BBB's cousins and confronted them with AAA's complaint. The accused-appellant also
went to Roger Santos of Media In Action to complain but he was referred instead to the Department of Social Welfare
and Development (DSWD).[21]
On 5 September 2001, the accused-appellant and AAA went to the DSWD. After an interview with AAA in a separate
room, the DSWD employee asked the accused-appellant who EEE was because AAA had claimed that EEE had
mounted her. The accused-appellant informed the DSWD employee that EEE was BBB's brother. With the
information gathered from the DSWD employee, the accused-appellant and AAA proceeded to the NBI to file a