419 Phil. 422
"That sometime and during the fourth week of January 1992 in Barangay La Purisima, Quipayo, Municipality of Clabanga (sic), Province of Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above named accused, with abuse of confidence, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously have carnal knowledge with one Rizza B. Villadarez, a 15 year old girl, against her will and consent, to the damage and prejudice of the offended party.
"ACTS CONTRARY TO LAW."
In Criminal Case No. 93-4583, accused-appellant Pablo Callos was charged in an Information dated February 18, 1993 which reads:
"That sometime and during the first week of February, 1992, in Barangay La Purisima, Quipayo, Municipality of Calabanga, Province of Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with abuse of confidence, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously have carnal knowledge with one Rizza Villadarez, a 15 year old girl, against her knowledge and consent, to the damage and prejudice of the offended party.
"ACTS CONTRARY TO LAW."
"WHEREFORE, judgment is hereby rendered declaring accused Pablo Callos guilty beyond reasonable doubt of the offenses charged, and is hereby sentenced to suffer the penalty of Reclusion Perpetua in Criminal Case No. RTC 93-4582; likewise the same penalty of Reclusion Perpetua in Criminal Case No. RTC 93-4583 (sic); and to indemnify the offended party in the amount of P50,000.00 as moral damages.
"Rizza Villadarez, 17 years old, was born on September 1, 1976 as shown by her birth certificate (Exh. B), single and a resident of La Purisima, Quipayo, Calabanga, Camarines Sur. She knew the accused, Pablo Callos, since she was a child and calls him uncle, being the husband of her auntie Remedios, the sister of Rizza's father, Ruben Villadarez, whose house was about 15 houses away from that of the accused in La Purisima, Quipayo, Calabanga, Camarines Sur. Prior to January 1992, Rizza's relationship with the accused and his three (3) children were alright, and the former whenever he had problems would often see Rizza's father. Rizza had looked up to her auntie Remedios as her second parent. But in the evening of the last week of January 1992, she was watching TV together with her 2 brothers and 2 sisters at her Nana Ilay's place about 5 houses away from their house, when at about 8:00 o'clock, she went home to get money to buy junk foods. At that time her parents were at her grandparents' place in Sta. Cruz, Calabanga, Camarines Sur, going there at 7:00 o'clock after dinner, as they were summoned by their sister. While she was getting money in her room and that of her brothers and sisters, she suddenly noticed Pablo Callos to be (sic) behind her and told her not to shout. She became frightened. Pablo Callos got his bolo from his waist and poked it by the right side of her waist. He then proceeded in removing her shorts and panty and then his pants, with his other hand holding his bolo. Then she was made to lie on the pavement, and then placed himself on top of her with her body and thighs coming in contact with his stomach and his penis inserted in her private part. She felt that accused was making a push and pull motion while she was feeling painful on (sic) her private part. She could not understand the pain. While performing the above acts, he was holding the bolo with his right hand, with his left hand touching the pavement, while she was crying. It did not take long for him to make the push and pull motion. After he stopped, he told her not to reveal the incident to anybody as he would kill all the members of her family. He put on his pants and repeated his threat that he will kill the members of her family if she will reveal what happened. Then he left. She then dressed up and then rejoined her brothers and sisters at her Nana Ilay's in watching TV.
"Rizza further testified that in the evening in the first week of February, her parents were at her grandparents' place and her brothers and sisters were inside their house. But she went outside their house to go to her friend when Pablo Callos suddenly appeared with a bolo in a scabbard tied around his waist with a rope and coming from behind her, stood beside her not knowing from what direction he came from. He dragged her to a vacant pigpen at the backyard of her Nana Rose, their neighbor, which was made of wood and cemented flooring telling her not to shout, otherwise, he would kill her. He again removed her shorts and panty and his pants and made her lie down on the cemented floor of the pigpen, placed himself on top of her, inserted his penis into her vagina and then he held her left upper arm with his other hand holding a bolo. She felt pain. He kissed her on her neck. He made a push and pull motion which did not take him long, and he stood up. He put on his pants, and again threatened her that he will kill her family if she would reveal what happened to them. He then left, and then she stood up and then went home. She did not anymore proceed to her friend. Because of fear toward the accused, Rizza did not tell anybody of what the accused did to her on the last week of January 1992 and in the first week of February. Accused then frequented their house but always with a bolo, but at which instances there were other people around seeing to it that Rizza would not reveal the incidents. In several instances after January 1992 whenever he would find a chance to see Rizza, accused would again repeat his threat, for which reason she was afraid of him. On one occasion, when the accused came, Rizza immediately went to their backyard where her mother was feeding the animals. But accused followed her to make certain that she would not tell her mother about the incidents. She did not tell her anything because of fear. Months thereafter, she did not know that she was pregnant. But her mother submitted her to an ultrasound examination and that was the time that her pregnancy was confirmed. But despite the repeated inquiry of her parents, Rizza would not tell them anything as she was afraid of the threats of Pablo Callos. It was during her delivery at the place of her grandparents at Sta. Cruz, Calabanga, Camarines Sur, attended by midwife Felicitas Vale, and her parents, her grandmother, Adela Batalla, her uncle Rico Batalla, and her aunt Marissa Batalla were around that she finally revealed that accused Pablo Callos abused her. Because she found (sic) difficulty in her delivery, the midwife told her to reveal who caused her pregnancy, otherwise, she will undergo sufferings in such delivery. After finally revealing the truth, Rizza was able to deliver a child. Upon Rizza's revelation, her parents cried."
"Pablo Callos denied having raped Rizza Villadarez one evening in the last week of January 1992 inside their house in La Purisima, Quipayo, Calabanga, Camarines Sur, nor on the evening of the first week of February 1992 at the pigpen at the backyard of a certain Ponso and threatening to kill all the members of her family if she would tell anybody of what happened to her. He admitted, however, that he had a relationship with Rizza in November 1991. It was All Souls' Day when his wife was away when Rizza arrived in their house and was asking what food his wife cooked. Accused told Rizza just to see for herself. Accused then was taking a bath when Rizza came near the faucet and stared at his body and commented: `Natitrip co an hawak mo.' (I crave for your body). Accused told her not to be joking. Rizza came near him and held his organ, and thereafter they forgot themselves and had a sexual intercourse in the bathroom near the faucet. That was 5:00 o'clock in the afternoon. Three weeks thereafter, a Saturday, about 9:00 o'clock in the morning while his wife was in the market, accused had another sexual intercourse with Rizza in his house. She was then to ask for camote tops and his children were around playing. Within November 1991, he had intercourse with Rizza for five (5) times, and after that they had ceased to have sexual relation, as accused decided to stop it since his wife is related to Rizza Villadarez, and that accused had no more money to give her. He gave her P300.00 after their sexual intercourse. On the third week of November, she again asked P200.00. What he has given her had a total of P1,900.00. In November he gave Rizza P1,900.00, and P900.00 in February 1992 which he borrowed from the owner of the comprada without the knowledge of his wife. Although she knew his income from his farm, he would harvest for the payment of his loan with the comprada. Rizza did not like to end their relationship in December 1991, but accused avoided her. There were times that he again saw her. However, he had not noticed her in his house in the month of January 1992 as he was always in his farm, and neither did he meet her in February 1992. But in April when he was causing the harvest near his house, Rizza harvested too. On May 9, 1992 she attended the birthday party of his child."
"1. The trial court erred in failing to give credence to the testimonies of witnesses for the accused.
"2. The trial court erred in finding the accused guilty beyond reasonable doubt of the crime charged, which is not supported by evidence."
"Q When your uncle Pablo approached you, considering that there was already past incident that he allegedly done (sic) to you, you were not able to shout for help? "A His bolo was poked to me. (sic) "Q What time was that when you were in front of the house of Ponso Igarta? "A About 9:00 o'clock."
"Q Who was that somebody who suddenly entered? "A Pablo Callos. "Q Where did he enter? "A In the room. "Q How did you notice that he entered? "A When I moved back I noticed that he was behind me. "Q What was he doing? "A He only told me not to shout. "Q What did you do when he told you not to shout? "A I was frightened. "Q After he told you not to shout, what happened next? "A He got his bolo and poked it at me. "Q From where did he get that bolo? "A By his waist. "Q In what part of your body did he poke that bolo? "A Here at my side. "Q Which side? (Witness pointing to her right side by the waist.) "Q After he poked the bolo at the right side of your waist, what happened next? "A He removed my panty. "Q What were you wearing at that time? "A I was wearing shorts. "COURT: "Q And what about your other garment? "A T-shirt. "FISCAL JACOB: "Q After he removed your panty, what happened next? "A He also removed his pants. "Q When he removed his pants, where was the bolo? "A He was holding it. "Q Can you describe how he removed his pants? "A He was holding the bolo, at the same time removed his pants with his other hand." (pp. 8-14, TSN, May 3, 1994)