AAA testified that around 7:00 a.m. on June 28, 2006, she was about to take a
bath and already preparing her things when her stepfather, accused appellant EEE,
pulled her and brought her to the bedroom. He took off her clothes and undressed
himself. He then inserted his penis into her vagina. He threatened her not to tell
BBB about the incident, saying that BBB would scold and send them to prison.
When the rape incident transpired, BBB left the house, while AAA's brother was
instructed by EEE to go outside. However, BBB almost caught them in the act. She
confronted EEE and inquired on what they were doing inside the bedroom. Afraid,
AAA said that nothing happened. Days after, AAA and her mother lived separately
from EEE. BBB was mad at him as she already had doubts on what actually
happened.
BBB, the legal wife of EEE since 1999, narrated that about 7:00 a.m. on June 28,
2006, she was on her way to work in Sitio Camuyugan, Sto. Nino, Tanjay City,
when she noticed that she forgot to bring her gloves. Upon arriving at their house
in Sitio Biso, Cambagahan, Bais City (Biso), she saw that the basin was full of AAA's
dirty uniforms. She called her twice, but there was no reply. After, she saw EEE and
AAA coming out of the bedroom. He was putting on the zipper of his short pants
while AAA was dressed but hugging a blanket. When she asked EEE what AAA was
doing there, he told her that she was arranging her uniforms. Puzzled, she retorted
that AAA usually prepares her uniform in the evening. EEE reasoned out that she
was keeping the bedding they used the night before. As to which, BBB asserted
that it was already taken care of before she left the house. When she asked AAA
what happened, the latter did not answer. EEE then went to the farm. AAA was not
able to go to school and was brought by BBB to her workplace instead.
At work, BBB confronted AAA on what occurred, but the latter did not give an
answer and just cried. Thereafter, BBB noticed that AAA would not respond
whenever she would call her and that every time she would ask her about the
incident, she would reply that nothing happened. In the evening of August 6, 2006,
BBB once more asked AAA whether she was molested by EEE. The latter finally
admitted that she was raped but did not immediately apprise her because she was
threatened. She was crying and shaking. The following day, BBB brought AAA in
Bais City for medical examination and reported the incident to the police. They left
the house and lived separately with EEE.
The testimony of Dr. Cablao was dispensed with in view of the admission by the
defense counsel on the existence of her medical findings, which indicated the
presence of old hymenal lacerations at 6 o'clock and 9 o'clock positions.[8]
For the defense, EEE contended that it was highly impossible for him to have raped