Notch at 5 o’clock
Healed hymenal tear at the 6 o’clock position
Anus: Normal rectal tone, no pigmentation, no scars, normal rugae 6
For his defense, appellant advanced denial and alibi. He denied ever raping Jessica and
testified that, during the alleged second rape incident, he was driving his pedicab. His
live-in partner Girlie testified that, during the purported first and second incidents of
rape, appellant was with her to buy fish in Navotas and sell them in Paco market.
Appellant argued that since Jessica disapproved of his relationship with her mother, she
had the motive to falsely accuse him of raping her. Further, he pointed out the
improbability of the alleged first and fourth incidents of rape inasmuch as the make-up
of the room made it impossible for Jessica’s siblings not to wake up during the
commission of the crime. Appellant further contended that Jessica’s failure to cry out
for help, knowing that her mother’s relatives were in the same house, made her story
of rape unbelievable.
The trial court gave credence to the testimony of Jessica and convicted the appellant:
chanrob1es vi rtual 1aw
libra ry
WHEREFORE, in Criminal Case No. 97-159184, Accused Arnulfo Orande y Chavez is
convicted of simple rape under Article 335 of the Revised Penal Code and sentenced to
suffer the penalty of reclusion perpetua with all the accessory penalties provided by
law.
In Criminal Case No. 97-159185, the accused is also convicted of simple rape under
Article 335 of the Revised Penal Code and sentenced to suffer the penalty of reclusion
perpetua with all the accessory penalties provided by law.
In Criminal Case No. 97-159186, the accused is likewise convicted of statutory rape
under Article 335 of the Revised Penal Code and sentenced to transfer the penalty of
reclusion perpetua with all the accessory penalties provided by law.
In Criminal Case No. 97-159187, the accused is convicted of frustrated rape under
Article 335 of the Revised Penal Code and sentenced to suffer the indeterminate penalty
of 8 years of prision mayor as minimum to 14 years and 8 months of reclusion temporal
as maximum, and to pay the costs.
On the civil liability of the accused in the four cases, he is ordered to pay the victim,
Jessica Castro, moral, nominal and exemplary damages in the respective sums of
P400,000.00, P200,000.00 and P100,000.00.
chanrob 1es vi rtua 1 1aw 1ib rary
SO ORDERED. 7
In this appeal; appellant assigns the following errors:
chanrob1es vi rtua l 1aw lib ra ry
I. THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY
BEYOND REASONABLE DOUBT OF ONE COUNT OF STATUTORY RAPE, ONE COUNT OF
FRUSTRATED RAPE AND TWO COUNTS OF SIMPLE RAPE.