CONTRARY TO LAW.
In Criminal Case No. 97-159187 —
That on or about November 17, 1996, in the City of Manila, Philippines, the said
accused did then and there willfully, unlawfully and feloniously, by means of force and
intimidation, that is, by threatening to kill said Jessica Castro, had carnal knowledge of
the latter against her will.
CONTRARY TO LAW. 2
Arraigned on September 5, 1997, appellant pleaded not guilty. 3 Thereafter, trial on the
merits ensued. However, the trial was subsequently postponed for eight months as
Jessica was suffering from psychological and emotional trauma from her horrifying
ordeal. 4 The lower court ordered the suspension of the trial to enable her to undergo
psychological therapy at the Child Protection Unit of the Philippine General Hospital.
Trial resumed in November 1998 with the prosecution presenting Jessica as its first
witness.
Incidentally, prior to the filing of the aforementioned cases, Jessica also filed a criminal
case against her mother, Girlie de la Cruz Castro, and the appellant for child abuse.
The evidence of the prosecution showed that appellant was the common law husband of
Jessica’s mother Girlie. Appellant, a pedicab driver, started living with Girlie and her
three children sometime in 1993 in a two-storey house in Paco, Manila owned by Girlie’s
mother. They occupied a room on the ground floor which served as their bedroom,
kitchen and living room. The adjacent room was occupied by Girlie’s brother and his
family while the room on the second floor was occupied by Girlie’s sister and her family.
Girlie gave birth to two more children by appellant. To earn a living, Girlie sold fish at
the Paco Market, buying her stock from the Navotas fish market late at night and
sometimes in the early hours of the morning.
The first incident of rape, subject of Criminal Case No. 97-159185, happened sometime
in April 1994 when Girlie was at the fish market. Appellant was left in the house with
Jessica, her siblings and appellant’s two children with Girlie. Jessica was then watching
television while her brothers and sisters were sleeping beside her. Appellant grabbed
Jessica’s right hand and lasciviously jabbed her palm with his finger. He ordered her to
undress which she obeyed out of fear as appellant was armed with a knife. Appellant
then removed his pants, placed himself on top of complainant and succeeded in
partially penetrating her. Jessica felt pain in her vagina and saw it smeared with blood
and semen. She tried to leave the room but appellant locked the door and threatened
to kill her if she told her mother what happened. Jessica was then only nine years and
four months old, having been born on December 19, 1983. 5
The second rape, subject of Criminal Case No. 97-159186, occurred on March 14, 1995
at around 11:00 a.m. when Jessica was 11 years and 3 months old. Girlie was in the
market while Jessica and her siblings were left in the house watching television. Soon
after, appellant arrived and sent the children, except Jessica, to play outside. Left alone