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    Page 1 o PEOPLE OF THE PHILIPPINES -versus- JAIME BELANO y ASENDIDO, Accused, JOINT  –   DECISION On June 18, 2001, accused was charged for three (3) counts of Rape in relation to Republic Act (RA) 7610 otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. The accusatory portions of the three informations read, In Criminal Case No. 8580-2001-C: That sometime on January 2001 at Brgy. Sto. Tomas, Municipality of Calauan, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd and design thru force, violence and intimidation did then and there willfully, unlawfully and feloniously have carnal knowledge with one LEORICA MAY REYES y ATAYLAR, a twelve (12) year old girl (minor), his own niece against her will and consent, to her damage and prejudice. CONTRARY TO LAW. 1  In Criminal Case No. 8581-2001-C: That sometime on February 2001 at Brgy. Sto. Tomas, Municipality of Calauan, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd and design thru force, violence and intimidation did then and there willfully, unlawfully and feloniously have carnal knowledge with one LEORICA MAY REYES y ATAYLAR, a twelve (12) year old girl (minor), his own niece against her will and consent, to her damage and prejudice. CONTRARY TO LAW. 2   1  Records (Criminal Case No. 8580-2001-C), p. 26, Information, dated on June 18, 2001. 2  Records (Criminal Case No. 8581-2001-C), p. 1, Information, dated on June 18, 2001.    Page 2 o In Criminal Case No. 8582-2001-C: That sometime on March 2001 at Brgy. Sto. Tomas, Municipality of Calauan, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd and design thru force, violence and intimidation did then and there willfully, unlawfully and feloniously have carnal knowledge with one LEORICA MAY REYES y ATAYLAR, a twelve (12) year old girl (minor), his own niece against her will and consent, to her damage and prejudice. CONTRARY TO LAW. 3  During the arraignment on August 10, 2001, accused duly assisted by counsel, pleaded in the three (3) cases separate pleas of not guilty. 4  At the pre-trial hearing on March 15, 2002, the prosecution and defense stipulated on the following: 1.   The identity of the accused; 2.   The jurisdiction of the Court over the case; 3.   The complainant-victim Leorica May A. Reyes was only twelve (12) years old at the time of the commission of the offense; 4.   The accused is the uncle of the complainant-victim with the qualification that said complainant-victim is the niece of the wife of the accused; 5.   That after the complainant-victim went to the police, she was medically examined as shown by the Rape Case Report, attached to the records; and 6.   Complainant-victim gave a sworn statement in a form of question and answer. 5   3  Records (Criminal Case No. 8582-2001-C), p. 1, Information, dated June 18, 2001. 4  Record (Criminal Case No. 8580-2001-C), p. 35, Order dated August 10, 2001. 5   Id at 74. Pre-trial Order dated March 15, 2002.    Page 3 o Version of the Prosecution The testimonial evidence for the prosecution consisted of the testimonies of the following witnesses, namely, Dr. Teresita Samadi-Denani (Dr. Samadi-Dedani) and private complainant Leorica May A. Reyes (Reyes). On April 19, 2002, the prosecution presented its first witness in Dr. Samadi-Denani, a resident physician at Laguna Provincial Hospital. Her competency as a doctor was admitted by the defense. On April 23, 2001, she examined Reyes based on a letter request from Police Superintendent Rodolfo Cabanillas Babera (PS Babera). 6  The Director of the Provincial Hospital in Sta. Cruz, Laguna received the letter-request. The Provincial Health Officer, Dr. Lagos, assigned the said letter-request to the O.B. Gyne department. On even date, Dr. Samadi-Denani was on 24-hour duty in the O.B. Gyne Department and was tasked to conduct the physical examination on the private complainant Reyes pursuant to the said letter-request. She conducted the physical and internal examination on Reyes. Her findings and conclusions were reflected in the Rape Case Report dated April 24, 2001. 7  In said report, she stated that private complainant Reyes sustained hymenal old laceration at 3, 6, and 8 o’clock positions which were already healed or cured and had no bleeding at the time of the examination. She also found the private complainant positive for pregnancy test and was approximately in her 14 th  week and 6 day of pregnancy. Based on the interview with the private complainant, her last menstrual period was in January 2001. In her opinion the hymenal laceration could have been caused by some contact before thru a hard object or medical instrumentation but said objects could not have caused the pregnancy of the private complainant. She identified the Rape Case Report she executed relative to the instant case and signature appearing thereon to be her signature. 8  On May 10, 2002, the prosecution presented its second and last witness in private complainant Reyes who testified that she was born on May 23, 1988. Her parents are Ma. Luisa Ataylar and Feliciano Reyes. The accused is the husband of Josephine Reyes Asendido, her aunt being the sister of her father. Their family and the family of the accused lived under one roof owned by her father, located at Brgy. Sto. Tomas. Calauan, Laguna. Sometime in January 2001, the first incident happened in their house when she was ginalaw  by the accused. The accused inserted his ari (genital organ) to her ari . The horrible inicident happened at the second floor of their house at the cabinet area where their pillows were kept which is about 3-4 meters wide. Accused instructed her to go upstairs otherwise he would kill them. Afraid of the threat, she went upstairs. Thereafter, accused followed her and at the second floor commanded her to remove her dress otherwise she and her family 6   Id   at 79, Exhibit “C”.   7   Id at 17, Exhibit “B”.   8  TSN April 19, 2002, pp. 2-6.    Page 4 o would be killed. Afraid of the threat and even against her will, she followed his command. The accused who was then armed with bolo placed it against the wall beside her. Accused also removed his clothes. Accused kiss her on her lips, on her neck and all over her body including her vagina. The accused then placed her legs on top of his shoulders, held it tight and kissed her vagina. She kept on resisting by twisting her body to avoid the kiss but accused held her legs. Accused tried to lay her flat on the elevated area but she tried to get up, using her elbows. She was slightly lying on the elevated area and her legs were spread out hanging at the edge of the elevated area. Accused positioned between her legs. Accused tried to insert his penis on her vagina and made urong sulong movements. She did not know if accused was able to penetrate his penis in her vagina for she only felt pain and even on the following day, blood was oozing from her vagina, which only stopped later in the afternoon. During the horrible incident, her father and younger brother were in Bulacan. The wife of the accused or her aunt was not also there during the incident because she was always out attending to important matters. Her grandmother during the incident was washing clothes at the back, which was about 8-10 meters away from their house. Her mother was already dead and since then her grandmother was the one taking care of her. She had been molested by the accused since she was still eight years old. She identified the accused as the person who molested her. Reyes was crying while she testified. 9  On October 9, 2002, the prosecution recalled to the witness stand private complainant Reyes to continue her direct testimony. She further testified that sometime in the month of February 2001 in the afternoon she was again ginalaw  by the accused in their house. This horrible incident again happened at the second of their house inside a room. She was ordered by the accused to remove her dress and panty otherwise he would kill them. Afraid of the threat, Reyes obeyed against her will. Accused when naked started to kiss her lips while standing. She resisted the kiss but accused was able to satisfy his lust. She was made to lie down on top of a table where their pillows were placed. Accused was standing trying to insert his penis in her vagina. Accused would sometime raise her legs. Her feet were both hanging from the table. Reyes tried to avoid accused by itinatagilid ko po ang katawan ko para di nya maipasok ang ari nya  but despite the resistance accused was able to insert his penis in her vagina. While the penis of the accused was inserted on her vagina, accused was making upward and downward movements. During the entire rape she was crying. Thereafter she felt fluid in her vagina. Accused had satisfied his lust, and he ordered her to put on her dress and not to tell anybody what happened to them, otherwise he would kill her. She was very afraid as the accused was again armed with bolo when the second rape incident happened. The bolo was again placed beside her. She was not able to go to school that day because of the rape incident. She told her grandmother during the incident was at the back of their house washing clothes and sometimes sitting only. 9  TSN May 10, 2002, pp. ____
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