Pangilinan, in such instance, the court must examine the evidence of the
prosecution, whether it focused on the specific force or intimidation employed by
the offender or on the broader scope of coercion or influence to have carnal
knowledge with the victim."
In the present case, the evidence of the prosecution in no uncertain terms focused
on the force or intimidation employed by appellant against "AAA" under Article 266A (1)(a) of the RPC. The prosecution, through the steadfast declaration of "AAA",
was able to establish that the appellant forced her to lie down on a grassy ground
and, at knifepoint, inserted his penis into her vagina.
The testimony of "AAA" pertaining to the May 3, 2004 and May 6, 2004 incidents
subject of Criminal Case Nos. FC-00-782 and FC-00-783 was as follows:
q- Now, aside from these four incidents that happened to you on April 10, April
12, April 14 and 19, 2004, was there any other incident that happened to you
[involving] the accused?
Witness:
Yes, May 3, 2004, 3:00 p.m.
PROS. NEBRES:
q- Can you tell this Honorable Court what happened?
a- xxx he pulled me to another site farther from the first site but he [had] with
him that knife he poked on me.
xxxx
q- Now, after you were brought to the other site x x x by the accused what
happened?
a- He raped me again.
q- Will you tell this Honorable Court how the accused rape[d] you?
a- By removing my shorts and undergarments and lay[ing] me down [on] the
grassy area.
q- Now, did you follow the instruction to [lie] down?
a- It was done forcibly against me.
xxxx
q- What happened alter you were forcibly requested to [lie] down?