G.R. No. 135049 - THE PEOPLE OF THE PHILIPPINES, VS. ARTURO OCOMEN Y ABRASALDO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the following information was filed by the Provincial Prosecutor on April 3, 1998: That sometime in February 1998, in the evening at Barangay Cabacaraan, San Manuel, Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused by means of force, violence and intimidation, did, then and there wilfully, unlawfully and feloneously (sic) tie the hands of Kristine Ocomen y Tolete, a minor, 15 years of age and accuseds own legitimate daughter and thereafter have sexual intercourse with her without the latters consent and against her will, to her damage and prejudice. CONTRARY to Art. 335, Revised Penal Code, as amended by R.A. 7059 (sic) and R.A. 8353. [4] The case was docketed as Criminal Case No. U-9581. On May 5, 1998, Kristine executed an affidavit of desistance before Provincial Prosecutor Restituto Dumlao, Jr., alleging that she had long forgiven the accused and, hence, she was no longer interested in his prosecution. She also manifested her desire for the dismissal of the case she filed against her father. [5] Nevertheless, on May 26, 1998, Arturo Ocomen was arraigned and pleaded not guilty to the accusation. Trial on the merits ensued. The prosecution presented Dr. Noel Obedoza of the Don Amadeo J. Perez, Sr. Memorial General Hospital in Urdaneta, Pangasinan. He testified that on March 3, 1998, he conducted a medical and physical examination on a rape victim, identified as Kristine Ocomen. [6] His examination showed that Kristines hymen was ruptured at 2, 6, 9 and 12 oclock positions. [7] The lacerations were already healed and could be about two (2) weeks old at the time of the examination. [8] The lacerations were caused by a hard foreign object, which could be an erect male organ. [9] However, he found no laceration or injuries on the upper part of the victims body. [10] The prosecution likewise presented SPO3 Avelino Sandi, Jr. of the Philippine National Police (PNP) San Miguel, Pangasinan, who testified that on March 3, 1998, he received a complaint from Panchito Salioa, Barangay Kagawad of Barangay Cabacaraan that Kristine Ocomen was raped by her father Arturo Ocomen. [11] He went to Cabacaraan, together with SPO3 Gregorio Antonio and Eduardo Banggi to investigate and arrest the accused. Arturo initially refused to go with the policemen but later on, he was prevailed upon to accompany them to the police station. [12] At the police station, he took the statements of Kristine as well as of Salioa and Moderna Tolete. [13] For a while, trial of the case could not be conducted because Kristine, who was summoned to testify, could not be located. On June 1, 1998, the trial court issued an order for her arrest for her failure to attend the hearing. [14] However, SPO1 Rodolfo Abat Estacio reported that Kristine could not be located. [15] The trial court ordered Police Senior Inspector Rodolfo Ramos Tadeo to explain why both Kristine and Panchito Salioa could not be located. In the same order, a represe