334 Phil. 912
VITUG, J.:
“That on or about August 7, 1992, in the xxx, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of AAA, against her will.
“CONTRARY TO LAW.” [1]
"1. Old healed lacerated wounds at the 7:00 o'clock and 10:00 o'clock of the hymen;
"2. Admits three (3) fingers of the examinee into the vagina with ease." [3]
"WHEREFORE, finding the accused Clodualdo Cabillan guilty beyond reasonable doubt of the crime of RAPE, punishable under Article 335 of the Revised Penal Code, the court hereby sentences said accused to suffer a penalty of RECLUSION PERPETUA, 4 together with the accessory penalties provided by law, to pay the costs, and is hereby further ordered to indemnify the victim by the way of moral damages in the amount of P50,000.00, in accordance with the current case doctrine of the Supreme Court.
"SO ORDERED." [4]
"Q You said you were in your house at xxx, what were you doing at that time, at 10:00 o'clock in the morning?
"A I was studying my lesson.
"Q You were then in what year?
"A Second year.
"Q And where were you studying at that time?
"A In xxx.
"Q While you were studying, where was your mother?
"A My mother was out. She went to the house of Warny Bolences.
"Q And what was your mother doing at the house of Warny Bolences?
"A She went there to wash clothes.
"Q How far was the house of Warny Bolences from your house?
"A Maybe, one (1) kilometer.
"Q How about your stepfather, the accused, where was he at that time?
"A He was in the Billiard Hall.
"Q Where was that Billiard Hall located?
"A In xxx, near the basketball court.
"Q How far is that basketball court from your house?
"A It's about 25 meters.
"Q What time did your mother leave in your house?
"A At around 9:00 o'clock in the morning.
"Q And while you were studying, who was with you in your house?
"A I was with my stepbrothers and a stepsister.
"Q After your mother left, what time did your stepfather return to your house?
"A At around 10:00 o'clock in the morning.
"Q And upon returning to your house, what did he do?
"A He went to the creek.
"Q Where is this creek located in relation to your house?
"A In the lower part of our house.
"Q Your house stands near a creek?
"A Yes, Sir.
"Q And what was your stepfather doing, standing by the creek?
"A He just stood there.
"Q How long did he stay near the creek?
"A He did not stay long. He went back to the house.
"Q And upon returning to your house, what did he do?
"A When he went back to the house, he looked for my stepbrothers and sister and told them to go to the creek because Danny and Noli were there.
"Q And after the young children left the house, what did your stepfather say and do?
"A He told me, while your brothers and sister are away, let us have sexual intercourse immediately.
"Q And what was your answer?
"A I said, I don’t and because I was studying.
"Q And how did your stepfather react to that?
"A He went down and came back and got angry.
"Q You said, came back, got angry, what did he do to you?
"A He pulled me to the division.
"Q What kind of division was that?
"A A division which he put a stick and a blanket.
"Q And while inside that division, what did he do to you?
"A He covered my mouth and told me don’t shout or else I will kill you.
"Q And what happened next?
"A He removed my panty.
"Q What were you wearing at that time?
"A A skirt.
"Q Did he remove all your dress?
"A No, only my panty.`
"Q And after getting your panty, what did he do to you?
"A He undressed himself.
"Q And then what did he do?
"A He placed on top of me.
"Q And after that, what did he do to you?
"A He fucked me. He made me lie down and try to pull my legs apart.
"Q Pulling your legs apart, what did he do to you?
"A He continued fucking me.
"Q When you said he fucked you, using the word ‘kayat,' what did he do?
"A He inserted his penis into my vagina and pushed and pulled it.
"Q How long?
"A Less than three (3) minutes.
"Q After three minutes, what happened?
"A After he fucked me, I told him ‘watch out I will tell my Mom’ and he told me, ‘are you not ashamed,’ and I told him, ‘Why? What I be ashamed? She is my mother.’
Q You said you were forced by your stepfather in having sexual intercourse, does he have weapon?
"A Yes, Sir, a double bladed knife.
"Court Interpreter:
"Witness demonstrating how long, which is 6 inches in length.
"Pros. Tirol:
"Q And while he was having intercourse with you, where did he place this knife?
"A On my side.
"Q You said a while ago that when your younger brothers and sister left the house, your stepfather said let us make a quick fuck, was there a time that you were fucked by your stepfather?
"A Yes, Sir.
"Q At what age or in what year that your stepfather first had intercourse with you?
"A When I was 11 years old.
"Court:
"Q You describe it.
"A When I was 11 years old, he did it to me standing and afterwards, he ordered me to lie down. That was the first time he raped me.
"Pros. Tirol:
"Q How often when you were still 11 years old that your stepfather have intercourse with you?
"A Two or three times a week.
"Q And you are saying this was the frequency between 1988 up to August of 1992?
"A Yes, Sir.
"Court:
"Q Did you not get pregnant?
"A No.
"Q Why?
"A I do not know.
"Pros. Tirol:
"Q Now, this matter, did you not report this to your mother?
"A I revealed it once to my mother, but my mother forgive him.
"Q You said you were forcibly fucked on August 7, 1992, what made you to report this incident to the authorities after four years of frequent intercourse?
"A I can not swallow it anymore and if I will not give him, he will maltreat me." [5]