with Jessica, appellant removed his clothes, pulled out a balisong and ordered Jessica to
undress. He then held her by the shoulder and made her lie down. Then he mounted
her. Appellant reached his orgasm shortly after penetrating her slightly. He stood up
with semen still dripping from his penis. Apparently still not satisfied, he knelt down,
kissed and fingered Jessica’s vagina, then mashed her breasts. He only stopped what
he was doing when someone knocked at the door. Appellant and Jessica hurriedly put
on their clothes and, as appellant opened the door, Jessica went to the bathroom to
wash herself.
The third rape, subject of Criminal Case No. 97-159184, occurred on January 14, 1996;
when Jessica was 12 years and 6 months old. She arrived from school at around 11:00
a.m. While she was changing her clothes, appellant ordered Jessica’s brother and sister
to visit their mother at the Paco Market and sent his children to play outside the house.
When appellant and Jessica were alone, he removed his pants, got his knife and
ordered her to undress. Since she was afraid, Jessica was forced to remove her clothes.
Appellant then told her they would do what they did before, pulled her towards him and
made her lie down on the floor. While holding the knife, he kissed and fingered her
vagina, then mashed her breasts. Thereafter, he placed himself on top of her, partially
penetrated her until he ejaculated. When Jessica’s brother and sister arrived, appellant
hurriedly put on his clothes. Jessica did the same. She then went to the bathroom to
wash herself and change her bloodstained underwear.
The last rape, subject of Criminal Case No. 97-159187, occurred sometime in
November 1996, at around 11:00 p.m. Girlie was again in the public market while
Jessica was at home with her siblings who were all asleep. Appellant told Jessica that
they would again do what they did before but she refused, saying that she might get
pregnant. Appellant brandished his balisong and threatened to kill her. He then covered
himself and Jessica with a blanket, removed his pants and her shorts, and placed
himself on top of her. His penis slightly penetrated her vagina. He mashed her breasts,
inserted his finger into her vagina and kissed it. Jessica pushed him away and told him
she wanted to sleep. Then she put on her shorts. Appellant also put on his pants and
told Jessica not to tell her mother what he did to her. He assured her that she would
not get pregnant because she was not yet menstruating.
Sometime in March 1997, a teacher of Jessica, Mrs. Adoracion Mojica, noticed the
unusual treatment of Jessica by appellant. When confronted by Mrs. Mojica, Jessica
admitted that appellant had raped her several times. Mrs. Mojica called up Jessica’s
aunt, Mrs. Antonina de la Cruz, and narrated to her what Jessica had confessed. Mrs.
De la Cruz then accompanied Jessica to the police station to file a complaint and to the
Philippine General Hospital (PGH), Child Protection Unit, to be examined. Dr. Bernadette
J. Madrid, Director of the Child Protection Unit, examined Jessica and the findings
revealed the following:
chanrob1e s virtual 1aw lib rary
Genital Examination:
chanrob1es vi rtual 1aw libra ry
Hymen: Estrogenized,
Attenuated from 1 o’clock position to 4 o’clock position and from 6 o’clock to 12 o’clock
position