AAA is sixteen years old and a resident of x x x, Leyte. She testified that she knows
accused Mervin Gahi, the latter being the husband of her aunt DDD.
The First Rape
AAA recounted that on March 11, 2002 at about 11:30 in the morning, she was in her
grandmother BBB’s house with her epileptic teenage cousin, CCC. At that time BBB was
out of the house to collect money from debtors. While she was in the living room
mopping the floor, accused Mervin arrived in the house. The latter was a frequent
visitor as he used to make charcoal in the premises. When Mervin arrived, AAA was by
her lonesome as CCC was out of the house.
AAA recounted that Mervin came near her and instructed her to “Lie down, lie down”.
Fearful upon hearing Mervin’s orders, AAA stopped mopping the floor. Mervin, with his
right hand, then held AAA’s right arm. He pushed AAA, causing her to lose her balance
and fall on the floor. Mervin raised AAA’s skirt and proceeded to take off her underwear.
All this time, Mervin was holding a knife with a blade of about 6 inches long, poking it
at AAA’s right breast. Fearful for her life, AAA did not resist Mervin’s initial advances.
After taking off AAA’s underwear, Mervin went on top of her and while in that position,
he took off his shorts, inserted his penis inside her vagina and ejaculated. AAA’s efforts
to free herself from Mervin’s hold were unsuccessful. As a result of her struggle, she felt
tired and weak. After satisfying his lust, Mervin warned AAA to keep secret what
transpired or else he would kill her. Afraid that he would make good his threat, AAA did
not mention to anybody what happened, even to her aunt DDD, the wife of the
accused.
The Second Rape
AAA recalled that the second rape occurred on March 12, 2002 at about three o’clock in
the afternoon. On her way to the field and with a carabao in tow, she was met by
Mervin along the foot trail. While on the foot trail, Mervin went near AAA, prompting her
to hurriedly scamper to BBB’s house. Mervin followed her. Once in the living room of
BBB’s house, Mervin approached AAA, poked a knife at the right side of her body,
pushed her and made her lie down. Out of fear, she didn’t resist Mervin’s advances. He
threatened and ordered her to “keep quiet, don’t talk”. Then he raised her skirt and
took off her underwear, after which, he took off his short pants and his brief, laid
himself on top of her, and made pumping motions until he ejaculated. Blood came out
of AAA’s vagina. After the rape, AAA cried while the accused left the house. Just like
before, she did not mention the incident to anybody, not even to her grandmother and
to her aunt DDD, for fear that Mervin might kill them.
AAA narrated that the first person she told about her ordeal was Lynlyn, her employer
in Ormoc, where AAA spent three months working, when the former was able to detect
her pregnancy. It was also Lynlyn who accompanied her to the Capoocan Police Station
to report and file the case. After reporting the matter to the police, AAA did not go back
to Ormoc anymore and later gave birth. Instead, she and her baby stayed with the
Department of Social Welfare and Development (DSWD).
Dr. Bibiana O. Cardente, the Municipal Health Officer of Capoocan, Leyte testified that
upon the request of the Chief of Police of Capoocan, Leyte, she attended to AAA, a