G.R. No. 106233 - THE PEOPLE OF THE PHILIPPINES, VS. ROBINSON ESTRERA, ACCUSED-. D EC I S I O N - Supreme Court E-Library

Ruling

Accordingly, on May 16 she and her mother and elder sister took a motorbike and proceeded to the poblacion to report the rape to the police. [14] While they were on their way, accused-appellant saw them and went after them on his motorcycle and warned them that he would kill them if they filed a case against him. Undeterred the Mistulas proceeded to the municipal hall where complainant reported the matter to the mayor. [15] Complainant was examined by Dr. Leah S. Celestial, who later issued a medical certificate [16] indicating the following: = HEALED HYMENAL LACERATION AT 3 OCLOCK, 6 OCLOCK AND 9 OCLOCK POSITION = NO EVIDENCE OF ABRASION NOR HEMATOMA Dr. Celestial reiterated in court that she found no abrasion or hematoma. [17] Rosie Mistula, 16 years of age, corroborated her sisters testimony. She said that twice accused-appellant tried to force her to go with him, but on both occasions, she was able to run away. The first incident allegedly took place at around 10:00 p.m. on May 11, 1991, in Unidos, San Francisco, Cebu. She claimed she was on her way home with friends when accused-appellant came along, seized her right arm, and tried to pull her, telling her to Come here. But, Rosie said, she managed to break loose. She spent the night at the house of her cousin Rosalinda Pleños. The next morning, she said she told her mother about the incident. Then on May 15, 1991, while Rosie was at the coronation of the fiesta queen of San Isidro, accused-appellant tried to force her to go with him. Again, she was able to extricate herself, according to her, and she ran to the house of her aunt. Rosie claimed that in September 1990 her elder sister Laura Mistula had been raped by accused-appellant. [18] Complainants cousin, Rudileo Mistula, also testified. He claimed that accused-appellants wife, Alicia Gubalani Estrera, had gone to his house in Basak, Mandaue City on July 10, 1991 and offered to settle the case. Alicia thought that Rudileo was financially supporting complainant in filing the case. Rudileo said he told accused-appellants wife that an amicable settlement was out of the question because this was not the first time accused-appellant had committed misconduct and if nothing was done to put a stop to his mischief others would be encouraged to do the same. [19] Police Inspector Joshua Gillamac of Mabolo in Cebu City testified that their assistance was sought by the police of San Francisco because accused-appellant was believed to be hiding in Cebu City. Gillamac and the other policemen were able to obtain a picture of accused-appellant because he had a previous rape case. They traced accused-appellants whereabouts in Lorega, Sikatuna, Cebu City. Gillamac claimed that on June 5, 1991, when the police proceeded to the house indicated by their informant, they were told that accused-appellant had fled to the basketball court and was hiding there. They therefore proceeded to the basketball court where they found accused-appellant and arreste