AAA because on June 28, 2006 she and BBB were no longer residing in their house
in Biso and that the reason BBB filed the case against him was that they were
regularly fighting. He admitted that AAA is his stepdaughter and that BBB is his
legal wife. He was previously engaged in a bakery business, which went bankrupt
when it was sold due to the hospitalization of AAA and BBB. By reason thereof, he
engaged himself in farming in Biso. He and BBB were always quarreling as she
consistently nagged him, complaining of their poor economic condition. In April
2006, BBB left him and brought with her AAA and their son. Later, he found them
staying in the house of Calixto Casipong (Casipong) in Dawis, Bayawan City.
Casipong is a rich man and owner of a big store in that place. Meanwhile, AAA was
a stay-in working student in the videoke house of a certain Nimfa in Dawis. EEE
tried to convince BBB to live with him again, but she just insulted him. Thus, he
continued to reside in their house in Biso and usually ate with his parents in Sitio
Gintuangan, Cambagahan, Bais City (Gintuangan).
EEE denied having any sexual relationship with AAA while they were still in one
roof. He claimed that he loves his stepdaughter like his very own. There were
occasions, however, that he punished her with a whip whenever he would send her
to an errand but would come back late. As to his relationship with BBB, he affirmed
that they constantly argue when they lived together and that there were times that,
by reason thereof, they did not sleep in the same place. Despite this, there was no
instance that he slept in the room of AAA.
To support EEE, FFF testified that he was with EEE for three days, with the first one
on June 23, 2006. They worked in a ricefield together with his father-in-law, GGG.
They arrived there around 6:00 a.m. to 6:30 a.m. and started to work by 7:00 a.m.
until afternoon. They ate lunch at Jessie's house, which is 30-50 meters away from
the ricefield. FFF knew that prior to the date of the alleged rape incident, EEE was
staying in Jessie's house due to his (EEE) frequent altercations with BBB. EEE told
him this as they would see each other on market day, every Thursday in Dawis. Fie
also knew that AAA was with BBB in the house of Casipong, who is his neighbor in
Dawis. BBB was as an employee of Casipong, while AAA was a student of Dawis
High School working and staying at Nimfa's place.
Finally, on. his part, Jessie denied the charges of AAA because his son EEE was
living with him from April to June 2006. In particular, EEE was working with him
and FFF in a ricefield on June 28, 2006 at about 7:00 a.m. He added that EEE and
BBB separated sometime in April 2006; before that, the spouses resided in Biso
while his place is situated in Gintuangan, which is about three kilometers away; it
takes almost an hour of walking to travel between both sitios; EEE was into bakery
business, which was closed after he had to spend for the hospitalization of AAA and
BBB; when the couple broke up, EEE worked for free in his ricefield in Gintuangan
from April to June 2006, while BBB and the children lived in Dawis; and he