G.R. Nos. 121095-97 - PEOPLE OF THE PHILIPPINES, VS. RUDY DEL ROSARIO AND JOEL BUENA ALIAS “JUN”, ACCUSED, JOEL BUENA, ACCUSED-.

Ruling

accordingly proceeded. This trial was already in its final stages when his co-accused del Rosario was finally arrested on January 14, 1994. He was thus arraigned on February 7, 1994, and pleaded not guilty to the charge (pp. 36-37, Ibid.). The following facts, after joint trial of the three cases, appear duly established: On March 12, 1992, Veneelyn Velasquez, then a 15-year old student, was invited by her friend, Maria Virginia Ballesta, to go to Ronnel Victoria's house along Castellar Street, San Roque, Cavite City to get a bracelet from Ronnel. Both were accompanied by Blessilda Campos. When they arrived at the house, Ronnel, accused del Rosario, and several other persons were there. Inside, Veneelyn was told that anyone who entered cannot leave without being subjected to hazing and so she was blindfolded, pricked on the neck, kissed on the cheeks, and slapped four times. After that, Veneelyn and her companions were allowed to go home.(pp. 37-38, Ibid.) The following day, March 13, 1992, after being persuaded by Blessilda to again accompany her, this time to get a pocketbook, Veneelyn and Maria Virginia went back to Ronnel's house. Ronnel, accused del Rosario and accused-appellant Buena were in the house and they engaged the girls in some conversation. Ronnel then requested Blessilda to buy two bottles of Coca-Cola and she obliged. When she returned, Ronnel offered the drinks to Veneelyn and Maria Virginia but both, sensing something was wrong, refused. After some prodding from Ronnel, they relented and finished off the drinks. Thereafter, both girls felt dizzy and weak they could not stand up. (p. 38, Ibid.) Veneelyn testified that accused-appellant Buena carried her to a room upstairs; he removed her T-shirt and pants. After that, she passed out and could not remember anything more. When she woke up, she felt pain in her vagina. Looking to her side, she saw accused del Rosario and accused-appellant Buena both on the bed and sound asleep. Maria Virginia was also lying beside her. Veneelyn woke up Maria Virginia and told her to get dressed. Someone then opened the door. Pretending to be asleep, the two girls covered themselves with a blanket but taking a peek, saw it was Blessilda. When Blessilda left, Veneelyn told Maria Virginia to try to escape and to inform her (Veneelyns) mother where she is. Maria Virginia managed to do so (p. 38, Ibid.). With Veneelyn left alone, del Rosario woke up and brought Veneelyn to another room where she was made to lie down on a bench. Her hands were tied and she was undressed. Del Rosario, while holding a knife, then had sexual intercourse with her. After that, she was told to dress up and not to tell anyone what had happened (p. 39, Ibid.). Later, Veneelyn heard her mother shouting her name and looking for her. Del Rosario denied that Veneelyn was inside, but Veneelyn called out loud to her mother. Thus, she was able to get out of the house. When they were home, she told her mother and an uncle about the inc