G.R. No. 229508 - PEOPLE OF THE PHILIPPINES, VS. DENNIS PAUL TOLEDO Y BURIGA,* ACCUSED-.

Ruling

Accordingly, on April 23, 2009, the trial court reinstated the case to the active docket and set Dennis' arraignment for June 8, 2009. The arraignment proceeded as scheduled and Dennis pleaded not guilty, with the assistance of the Public Attorney's Office. The prosecution offered the testimonies of AAA, Dr. Paul Ed Ortiz, Senior Police Officer 1 Armando Rivera, Police Officer 3 Generose Nasol, and AAA's father BBB. [20] The defense called NCMH personnel Dr. Sarah C. Espinoza, Lourdes Palapal, and Susan B. Sabado to the witness stand. [21] The trial court summarized the prosecution testimonies in this manner: At around noontime on April 11, 2004, AAA, who was then eight (8) years of age and her brother BBB, six (6) years old, were playing near McDonalds Restaurant, Philcoa, Quezon City. Accused approached AAA and BBB and invited them to go with him to his house. Accused told AAA and BBB that if they will go with him, he will give them money and food and he will let BBB play with his (accused) computer. AAA and BBB went with the accused and they boarded a passenger jeepney. They alighted somewhere in Barangay Pinyahan, Quezon City and walked to the house of the accused. As soon as they entered the house, accused brought BBB inside a room and let the latter play with a computer. Thereafter, accused let AAA go to another room. Accused instructed AAA to lie down on the bed and go to sleep. When AAA was about to go to sleep, accused entered the room and told her that he will just get something. Accused then locked the door and approached AAA. He proceeded to undress AAA by removing her blouse, short pants and panty. Accused likewise removed his clothes. Accused held AAA's hands and inserted his penis into her vagina. Thereafter, accused inserted his finger into the vagina of AAA. Accused threatened AAA that if she will shout, he will let his dog bite her and BBB. Accused likewise told AAA he will kill her and BBB and they will not be able to get out of his house alive. Not contented with what he has done, accused dragged AAA and brought her inside the comfort room. Accused let AAA sat down and spread her legs (ibinukaka). Accused again inserted his finger into the vagina of AAA. Thereafter, accused let AAA lie down and inserted his penis into her vagina. AAA pleaded with the accused to let her and BBB go home. Accused asked AAA if she has an older sister. When AAA answered in the affirmative, accused told her to bring to him her older sister so that he will allow AAA and BBB to go home. As soon as accused opened the door of the comfort room, AAA ran to where BBB was. BBB was shocked when he saw accused and AAA naked. AAA and BBB ran towards the door but the same was locked. AAA pleaded with accused to let them leave. Accused told AAA to dress up and reminded her to bring her older sister to him. Accused gave AAA and BBB P15.00 for their fare. AAA and BBB went to the back of a Chowking Restaurant where AAA removed her bloodied panty and threw it away.