sixteen[–]year old who was allegedly raped by the husband of her aunt. The findings of
Dr. Cardente were reduced in the form of a Medical Certificate issued on August 23,
2002, which she also identified and read the contents thereof in open court, as
follows:
“Patient claimed that she was allegedly raped by the husband of her aunt. The patient
can’t recall the exact date when she was raped.
chanRoblesvirtual Lawlib rary
Phernache – at the age of 13 years old,
Pregnancy test done at Carigara District Hospital today at August 23, 2002.
Result: Positive for UGC, LMP–unknown
Findings: Fundal Height–1 inch above the umbilicus compatible with 5 months
pregnancy
Presentation: cephalic
FHB – RLQ”
Ofelia Pagay, a Social Welfare Officer III of the DSWD Regional Haven, Pawing, Palo,
Leyte testified that she interviewed AAA upon the latter’s admission to their office on
August 29, 2002. Also interviewed were her mother, the MSWD of Capoocan, Leyte and
the Social Welfare Crisis Unit of the DSWD. In her case study report on AAA, Ofelia
recommended the necessary intervention for her because of an existing conflict in their
family.
The Version of the Defense
BBB, AAA’s 74–year old grandmother, testified that AAA is the daughter of her son DDD
and EEE. She took custody of AAA after her parents got separated. Along with AAA her
epileptic granddaughter, CCC was also living with them.
BBB recounted that on March 11, 2002, she was at her house doing household chores
from morning until noon. She denied that a rape incident ever occurred at the said date
as she stayed at home the whole day and did not chance upon Mervin at her house nor
did AAA inform her about any rape incident.
BBB also recalled that on March 12, 2002 she stayed at home the whole day. She
narrated that after having breakfast at about seven o’clock in the morning, AAA took a
bath. She also saw AAA writing notes. At around three o’clock in the afternoon, AAA
went to herd the carabao at the uphill portion of the place. Later, AAA returned and
stayed in the house the rest of the afternoon. BBB again denied that a rape occurred on
that day of March 12, 2002, as she did not see Mervin in her house. Neither did she
observe any unusual behavior on the part of AAA nor did she receive a complaint from
the latter that she was raped by Mervin.
Filomeno Suson, 51 years old, married, a farmer and a resident of Brgy. Visares,
Capoocan, Leyte testified that on March 11, 2002 he was with Mervin at the copra kiln
dryer situated in Sitio Sandayong, Brgy. Visares, Capoocan, Leyte from eight o’clock in
the morning until twelve o’clock noon. Mervin was with his wife and two children and
never left the place. He recalled that he left the place at 12:30 in the afternoon, and
returned at 1:30 in the afternoon. He saw Mervin still processing the copra. He stayed
at the dryer until five o’clock in the afternoon and did not see Mervin leave the place.
The following day, March 12, 2002, he went back to the dryer at eight o’clock in the
morning and saw Mervin near the copra kiln dryer regulating the fire so that the copra