On that same night, Colorado raped AAA twice more, unmindful of the presence of their two other
brothers who were then sleeping inside the room where Colorado ravished AAA. In both instances,
Colorado still threatened AAA with a knife, removed her shorts and panty, inserted his penis into his
sister’s vagina, then performed the push and pull movement. Colorado warned AAA that he would
stab her should she report to anyone what he had done. AAA then did not dare reveal these
incidents to anybody, until she had the courage to report them to their mother.
Also in her testimony before the trial court, AAA disclosed that she had been raped by Colorado
when she was just nine (9) years old. She also revealed having been ravished on different dates by
another brother, DDD, and a brother-in-law.
A Medico-Legal Certificate6 prepared by Dr. Ma. Teresa Sanchez (Dr. Sanchez), Medical Officer III of
the Western Pangasinan District Hospital who examined AAA on January 10, 2003, contained the
following findings:
=INTERNAL EXAM FINDINGS:
-Nonparous Introitus-Hymenal laceration at 6 o’clock position with bleeding-Vagina admits 2 fingers with slight resistance-Uterus small-(+) bleedingx x x x7
Colorado testified for his defense. He denied having raped AAA, arguing that he was not living with
AAA in their parents’ house in December 2002. Allegedly, he was at that time staying with an older
sister in Osmeña, Dasol. Colorado claimed that on the night of the alleged incident, he was fishing
with his brother-in-law, and that they returned to Osmeña, Dasol in the morning of the following day.
The Ruling of the RTC
On June 19, 2008, the RTC rendered its decision finding Colorado guilty beyond reasonable doubt
of the crime of qualified rape, and sentencing him to suffer the penalty of reclusion perpetua. He was
also ordered to pay AAA the amount of P50,000.00 as moral damages and P75,000.00 as civil
indemnity. The dispositive portion of its decision reads:
WHEREFORE, in view of the foregoing, this Court finds accused NEIL B. COLORADO, GUILTY
beyond reasonable doubt of the crime of rape. In view of the enactment of Republic Act [No.] 9346
prohibiting the imposition of death penalty – this Court sentences the accused to suffer the penalty of
RECLUSION PERPETUA.
Further, accused shall indemnify [AAA] the amount of Php 50,000.00 as moral damages and Php
75,000.00 as civil indemnity. (People vs. Ambray, 303 SCRA 709).
SO ORDERED.8