Version of the Prosecution
The prosecution presented AAA and Dr. James Apin (Dr. Apin), Municipal Health
Officer of Pataleon Gotladera, Bulan, Sorsogon,[12] as witnesses.
AAA testified that, on November 3, 2009, at around 11:00 p.m., while inside their
house, accused-appellant approached her while she was lying in bed and proceeded
to insert his hands inside her shirt and touched her breasts, saying that she should
let him touch them.[13]
The following day, on November 4, 2009, again at around 11:00 p.m., while inside
their house, the accused-appellant touched AAA's breasts and vagina. He also
inserted his finger into her vagina and proceeded to undress AAA and himself. He
then mounted AAA and inserted his penis into her vagina.[14]
The next day, on November 5, 2009, while inside their house, the accusedappellant once more approached AAA while she was sleeping and touched her
vagina.[15] However, when he started to undress AAA, her younger sibling, CCC,
woke up and uttered "Papa, Si Neneng", thinking that she was their other sister,
Neneng. CCC noticed that AAA was crying, but she kept pinching CCC so that the
former would not leave. CCC also cried and asked why AAA was crying. CCC wanted
to report the incident to their mother, who at that time was sleeping a little farther
from them, but still inside the same bedroom.[16]
The accused-appellant then went inside the comfort room and started banging his
head on the wall, which was witnessed by DDD, AAA's 20-year old brother. DDD
also noticed that AAA was crying, and it was at this time that their mother, BBB,
woke up. DDD then asked AAA why she was crying, but because she did not
answer, BBB slapped her.[17] That was when the accused-appellant left the
house.[18] When the accused-appellant returned, he told BBB not to hurt AAA and
that it would be better to have him incarcerated as it was he who did something
wrong.[19]
The prosecution presented AAA's birth certificate and her sworn statement executed
on November 6, 2009 before the Municipal Police Station of Bulan, Sorsogon; both
of these documents were duly identified by AAA.[20] The prosecution also asked AAA
to identify accused-appellant, which she did by pointing to him in open court.[21]
Dr. Apin testified that AAA came to him with a Letter-Request dated November 6,
2009 from the Philippine National Police for a medical examination. On internal
examination of her vagina, he found recent lacerations at the 9 o'clock, 11 o'clock
and 6 o'clock positions, indicating that it had been penetrated. He also observed
that there was no resistance when his index finger was inserted into her vagina