G.R. No. 144590 - PEOPLE OF THE PHILIPPINES, VS. ROMEO F. PARADEZA, ACCUSED-.R E S O L U T I O N - Supreme Court E-Library

Ruling

accordingly tried. The prosecutions evidence established that: Early in the evening of August 13, 1998, complaining witness was at their house in Macarang, Palauig, Zambales with her younger brother Joseph , who was then watching TV. [5] The victim was about to go out of their house when appellant, who was about to enter, grabbed her. [6] Appellant then brought her back inside the house and laid her on a bamboo bed. [7] He undressed her and removed her underwear. He took out a knife, which he placed on top of the banguera . [8] The victim became very frightened as a result. [9] Appellant then fondled her breasts. He undressed himself, went on top of private complainant, and inserted ( tinusok ) [10] his phallus ( buto ) inside her vagina. [11] She felt pain as a result and noticed blood flow from her private part. [12] Appellant covered her mouth with his hands and told her not to tell his wife, Vivian. [13] Appellant then twisted her arms. After satiating his lust, appellant used her clothing to wipe her pudendum. Appellant dressed her. After putting his clothes on, he went home. Private complainant told her grandmother and her mother, Carmelita Gayas , about the incident. Carmelita later brought the victim to Dr. Nicanor Egalla, Municipal Health Officer of Palauig, Zambales for a medico-legal examination. Dr. Egalla found the victim to be mentally retarded. [14] His examination of her private parts disclosed Healed laceration of the hymen at 3:00, 6:00, and 9:00 oclock positions [15] and a fresh laceration at 6:00 oclock position of the victims vulva. [16] Dr. Egalla declared that the genital injuries suffered by private complainant were consistent with sexual intercourse. [17] The victim was also referred by the Department of Social Welfare and Development (DSWD) to Estrella B. de Sesto, a professional psychologist and guidance counselor of Columban College, Olongapo City, for a psychological examination. Ms. de Sesto found that while the victim had a chronological age of 26 years, her mental ability was that of a 6-or 7-year-old child. [18] Appellant raised the defense of denial and alibi. He averred that at the time of the incident he was out at sea the whole night with his wife catching bangus fry. [19] Appellant declared that he then sold his catch to his neighbor, one Noel Apsay, after which he went to sleep. [20] He also claimed that the reason why he was charged with rape was due to his refusal to heed the demand of the victims grandmother that he vacate the place where he was residing. [21] He also declared that private complainant was not a credible witness, as she was widely known in their neighborhood to be a flirt. [22] He did admit knowing that the victim had a mental disability. [23] On rebuttal, the prosecution presented Albert Araña, barangay captain of Macarang, Palauig, Zambales , who declared that he had known the victim for eight (8) years or so and refuted appellants allegation that she was a woman of lo