G.R. Nos. 147650-52 - PEOPLE OF THE PHILIPPINES, VS. RODOLFO S. PEPITO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly for fear that the accused might kill them. [10] On 9 June 1996, birthday of Jelyn's younger sister Jemayde, the accused again sexually assaulted Jelyn who was then sleeping in the same room with her brothers Ronillo and Romy and sisters Jovelyn and Jonavie. Somebody turned off the light and entered the room. It was her father. He raised her T-shirt, removed her underwear and short pants, touched her breasts and private parts, spread her legs, mounted her and forcibly inserted his penis into her vagina. She resisted but her father held her on both hands. Jelyn again felt pain as her father did the push and pull movement on top of her. [11] He warned her not to shout. With his gun, she could no longer resist him. [12] After the accused was through with her, he returned to the other room which he shared with her mother. The following morning Jelyn tried to tell her mother again about the incident, but because of fear her mother could only advise her not to inform anybody about what happened to her. [13] In the evening of 30 August 1997, after coming from a four (4)-hour trip by foot to plant corn in Kalibuhan, Palimbang, with her mother and sister Jemayde, another incident happened. [14] While sleeping beside her sister on the floor of their hut and about half a meter away from her mother, her father who was sleeping with her mother moved to her (Jelyn) side and without her consent removed her long pants and underwear. She pushed him away but he boxed her. It was so strong that it caused her to bump a post which rendered her unconscious. But before she blacked out, Jelyn was able to wake Jemayde up who bit and kicked their father who was in the act of sexually abusing Jelyn. Before appellant could satisfy his lust, Jelyn regained consciousness. Their mother incidentally woke up and saw what he was doing to their daughter. Jelyn's mother attempted to come to her side but the accused threatened her with his gun. Her mother could not do anything. Her sister asked the accused what he was doing to Jelyn and he said that he was riding ( "sakay-sakay" ) Jelyn. After his lechery, the accused lay down beside Jelyn but her mother pushed him and positioned herself between them. Jelyn was not able to sleep due to body pains caused by her father. But she had to keep the matter to herself because she was afraid of her father. [15] Sometime in November 1997 Jelyn's uncle, Joseph Francisco, maternal half-brother of her father and who frequently visited them in their house in Barangay Balani, noticed that Jelyn looked pale and oftentimes nauseated. Joseph found out later on through a "hilot" summoned by his grandmother that Jelyn was pregnant. He brought Jelyn to the Quijano Clinic in Tacurong, Sultan Kudarat, for pregnancy test [16] and the result confirmed her pregnancy. On 6 December 1997 Jelyn confided to her uncle the sexual abuses she suffered in the hands of her own father. [17] Joseph brought Jelyn back to Barangay Balani. On 11 December 1997 he