Decision
-3-
G.R. No. 234841
ko kayo kay mama," but the latter replied "isusumbong mo ako, papatayin
kita." Thereafter, Manuel pulled AAA and forced her to lie on the floor. He
embraced her tightly and put his hand inside her shorts and panty. Then, he
inserted his finger inside her vagina, moving it in and out for about five (5)
minutes. When AAA's vagina became painful, she struggled and pushed
Manuel's hand away. She stood up, went downstairs, and had breakfast. She
did not tell anybody of the incident because she was scared of Manuel's
threat to kill her. In the afternoon of the same day, AAA went to school at
Malanday Elementary School. When her sister BBB arrived thereat, she was
called to the principal's office. When her school principal talked to her,
AAA disclosed to him the truth, that she was molested by Manuel.
Thereafter, a kagawad, a representative from the Department of Social
Welfare and Development and the police arrived. Subsequently, Manuel was
apprehended. AAA was then brought to a doctor for medical examination. 7
Next, BBB testified that she is the eldest sister of AAA. She claimed
that in 2010, when AAA and their mother, CCC, visited her in her house in
Pasig City, she noticed that AAA was acting differently. She was very quiet
and astonished. Oftentimes, she became inattentive and would not respond
immediately, as if she could not understand them. BBB shared that since she
was molested by her father, Manuel, when she was nine (9) years old, she
had a hunch that AAA was also abused sexually by their father, who was
using prohibited drugs. As she wanted to know the truth, BBB went to
AAA' s school to investigate. There, the school principal volunteered to talk
to AAA who confided in him which eventually led to Manuel's arrest.
According to BBB, their mother, CCC, was angry with her at the outset
when their father was arrested. At the barangay office, the police officer
informed CCC that Manuel molested AAA and her other siblings. CCC told
BBB to be the one to assist AAA in filing the case against Manuel as she
was still undecided. 8
Subsequently, Lino de Guzman stipulated in his testimony that he was
the principal during the time of the incident and that BBB talked to him
about the alleged abuse, which led him to ask AAA if it was true. AAA then
admitted the same to him. It was also stipulated, however, that he has no
personal knowledge of the incidents of the subject case. As for the testimony
of prosecution witness Dr. Ma. Felicidad Mercedes Aulida, the parties
dispensed with her presentation in court after stipulating that she conducted
a medical examination on AAA and found no hymenal lacerations and no
remarkable findings regarding her anus. She also found no injuries on her
body. Similarly, the parties dispensed with the presentation of the arresting
officers, POI Bernard Pah-E and POI Christian Bonifacio, after stipulating
that they were the ones who arrested Manuel and that they have no personal
knowledge of the incidents of the instant case. 9
11
9
Id. at 33-34.
Id. at 35-36.
Id. at 36-37. Bernard was erroneously spelled as "Nemard" in the CA Decision.