G.R. Nos. 148939-40 - PEOPLE OF THE PHILIPPINES, VS. JOSEPH ORILLA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, appellant was arrested. However, he escaped while detained at the provincial jail. After a month of hiding, appellant was re-arrested. (pp. 12-13, TSN, September 28, 1999). On the other hand, Remilyn Orilla is now under the care of the Department of Social Welfare and Development. (p. 12, TSN, April 15, 1997). [4] Version of the Defense The defense presented three witnesses: (1) appellant, (2) Crispin Orilla (Crispin), brother of appellant and Remilyn, and (3) Beverly Cabuburac (Beverly), sister of appellant and Remilyn. Appellant and Remilyn are siblings. Remilyn is the youngest in a brood of nine. The parents of appellant and Remilyn are already dead. Remilyn was then staying in a house commonly owned by the siblings in Barangay Masidem, Bani, Pangasinan. Adjacent to Remilyns house is the house of appellant where he and his own family lived. Appellant claimed that from 2 August 1996 to 14 September 1996, he was in Sitio Olo, Barangay Masidem, Bani, Pangasinan rushing the work on the dikes of a fishpond. He was not able to go home to his house in Barangay Masidem on 12 September 1996, the date the crimes charged allegedly occurred. Appellants house in Barangay Masidem is five to six meters away from the house of Remilyn. However, the place where appellant was staying in Sitio Olo is two kilometers away from Barangay Masidem. One can negotiate the distance between Sitio Olo and Barangay Masidem by walking. However, one must cross a river before reaching Barangay Masidem. A motorboat service is available to cross the river and the ride can last for an hour. Crossing the river on foot will take about three hours. Appellant worked in the fishpond of Lindel Onofre who is married to another sister of appellant. At the time appellant was working in the fishpond, his companion was his brother, Reneboy Orilla (Reneboy). The persons left in appellants house while he was in Sitio Olo were his wife, five children and his wifes grandmother. When appellant left Barangay Masidem on 2 August 1996 for Sitio Olo, the persons who were with Remilyn in her house were Crispin, Beverly and her three children. Appellant described Remilyn as matampuhin or emotional. Remilyn was always frowning and sometimes she would be happy. When Remilyn would get irritable she would just leave the house for weeks without telling appellant or their other siblings where she was going. Appellant claimed that he had a good relationship with Remilyn although he would sometimes scold her because she would leave the house without permission. Appellant does not know why Remilyn accused him of rape. Appellant assumed that it was because he often scolded Remilyn. Crispin testified that on 11 September 1996, he and his sister Beverly and her husband slept in the living room of their house while Remilyn slept in the small room with Beverlys daughter. The next day, 12 September 1996, Crispin woke up around 5:00 a.m. and noticed that Remilyn was still asleep. During that