ACTS CONTRARY TO LAW.[9]
Criminal Case No. FC-00-785 - Violation of RA 7610
That on April 14, 2004 at more or less 12:00 x x x noon, x x x Province of Albay,
Philippines, and within the jurisdiction of this Honorable Court, the above named
accused, with lewd and unchaste design, by means of intimidation, coercion,
influence and other consideration, did then and there willfully, unlawfully and
feloniously have sexual intercourse with "AAA", x x x 14 years old, xxx against her
will and consent, act which debased and degraded her intrinsic worth and dignity as
a human being, to her damage and prejudice.
ACTS CONTRARY TO LAW.[10]
Appellant pleaded not guilty to the charges.
The trial court summarized the prosecution's version of the incidents in the
following manner:
["AAA"] is the youngest in a brood of three. Her eldest brother works in a junkshop,
while her elder brother usually stays home because of a lingering illness. Her
parents work in a mountainous area in x x x Albay, When nobody else can, ["AAA"]
usually assumes the obligation to tether the cows (4 heads of them) in the morning
and untether them in the afternoon after [arriving] from school.
On April 10, 2004 at about 12:00 noon, after tethering the cows, [''AAA"] heard a
clapping [sound]. On her way back home, appellant [Nuyte] suddenly appeared,
grabbed her by the hair, held her up and at knife point, warned her against telling
her mother, or else he will kill them both. Nuyte forced ["AAA"] to the ground and
started kissing her chest. He removed her undergarment and his, mounted her and
inserted his penis into her vagina. After ejaculating, he wiped his penis, wore back
his underwear and left.
The same act was committed under the same instance and in the same place on
April 12, 2004 at 4:00 o'clock in the afternoon, and on April 19, 2004 at 7:00
o'clock in the afternoon." ["AAA"] tried to make an outcry, but because of the
distance of the situs criminis from the neighboring houses, nobody heard her.
On May 3, 2004 at 5:00 o'clock in the afternoon and on May 6, 2004 at 7:00 o'clock
in the morning, Nuyte again succeeded in carrying out his dastardly acts against
["AAA"] also at knifepoint, [This time, "AAA" broke] her silence and finally decided
to divulge everything to her mother, notwithstanding [appellant's] threat of
physical harm against her and her mother.