About a month later, or on September 5, 2004, AAA was playing in the street when
she was informed by CCC,[4] her older sister, that she was again being summoned
by Eulalio who was waiting at their (AAA's) house. This time, AAA did as instructed.
AAA went home and sat on a papag. Eulalio did not undress her. Instead, he made
AAA lie on the bed and kissed her. Eulalio and AAA were in this compromising
position when AAA's father, BBB,[5] and mother, arrived. BBB then inquired what
happened. They then went to the barangay to report the incident.
AAA submitted herself to a medical examination wherein the attending physician
found deep healing laceration in her hymen, suggestive of a prior blunt force or
penetrating trauma to the area.[6]
Two (2) separate Informations dated September 7, 2004 were filed charging Eulalio
with rape in relation to Republic Act (RA) No. 7610, the accusatory portions of
which read:
In Criminal Case No. 31438-MN (Rape in relation to RA 7610):
That sometime in the month of August, 2004, in the City of Malabon, Philippines
and within the jurisdiction of this Honorable Court, the abovenamed accused, with
lewd design and by means of force and intimidation did, then and there willfully,
unlawfully and feloniously have sexual intercourse with [AAA], [an 11-year-old
minor], against her will and without her consent, which circumstances debase,
degrade or demean the intrinsic worth of a child as a human being thereby
endangering her youth[,] normal growth and development.
CONTRARY TO LAW.[7]
In Criminal Case No. 31439-MN (Rape in relation to RA 7610):
That on or about the 5th day of September 2004, in the City of Malabon, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused, with
lewd design and by means of force and intimidation did, then and there willfully,
unlawfully and feloniously have sexual intercourse with [AAA], [an 11-year-old
minor], against her will and without her consent, which circumstances debase,
degrade or demean the intrinsic worth of a child as a human being thereby
endangering her youth normal growth and development.
CONTRARY TO LAW.[8]
During his arraignment, Eulalio entered a plea of not guilty."[9]