Decision
3
G.R. No. 229862
Dr. Dacula, who conducted the medical examination on AAA,
testified that she had found redness and abrasion on the right side of the
victim's labia minora, "caused by a smooth, soft objecf'' 12 as indicated in the
Medico-Legal Report. 13
Meanwhile, the defense presented as witnesses: (1) AAA's mother
BBB; (2) ZZZ; and (3) AAA, on her affidavit of recantation. 14
BBB testified that ZZZ had been her common-law spouse for four (4)
years. At 10:00 a.m. on April 12, 2006, she and her stepdaughter, CCC,
went for a 30-minute walk to the barangay hall to request a toilet bowl, as
instructed by ZZZ. They went back home after being told that the toilet
bowl was not yet available. 15
When she arrived at their house, BBB was surprised to see that the
door and window were shut. Upon opening the door, she saw AAA sitting
and ZZZ standing, both silent. BBB got mad and whipped ZZZ with a
plastic hose, but he remained silent. 16
Thinking that her daughter was raped, BBB brought AAA to the
barangay hall. Then, with the assistance of the Department of Social
Welfare and Development and the police, they went to City for
17
AAA's physical examination.
On cross-examination, BBB stated that she brought AAA to the
barangay hall "because her vision at that time was blurred as if she cannot
notice a person[.]" 18 Maintaining that their house was closed when she first
arrived from the barangay hall, she reiterated seeing ZZZ and AAA inside
when she opened the door and thinking that her daughter was raped. 19
ZZZ testified that he was BBB's common-law spouse. He took AAA
as his stepdaughter, supporting her since childhood. He narrated that at 6:00
a.m. on April 12, 2006, he was working on the kitchen in their house while
AAA and DDD did the laundry. Meanwhile, BBB proceeded to the
barangay hall to check if the toilet bowl they requested was already
available.
12
Id.
13
Id.
14
Id. at 42-43.
Id. at 42.
15
16
Id.
i1
Id.
Id.
Id.
is
19
f