G.R. No. 140733 - PEOPLE OF THE PHILIPPINES, VS. ARMANDO TAGUD, SR., ACCUSED-.DECISION - Supreme Court E-Library

Ruling

Accordingly, the appellant entered a plea of not guilty. On May 11, 1999, the first hearing date, appellant through counsel, moved in open court for leave to withdraw his former plea of not guilty and to be re-arraigned for the purpose of entering a plea of guilty. The court granted the motion. Appellant was re-arraigned on the amended Information in the Cebuano-Visayan dialect that he speaks and understands. The trial court asked appellant searching questions to determine the voluntariness and full comprehension of the consequences of his plea. Appellant informed the court that it was his own personal decision to withdraw his former plea of not guilty and enter a plea of guilty. [5] He likewise manifested in open court that he understood the consequences of his plea of guilt. [6] Thereafter, trial ensued to prove appellants guilt and the precise degree of his culpability. THE TRIAL Version of the Prosecution The prosecution presented four witnesses, namely: (1) the complainant, AAA; (2) the brother of AAA, CCC (CCC for brevity); (3) the common-law wife of appellant, Wenefreda; and (4) the Medico Legal Officer of the xxx Health Office, Dr. Leonardo Labanon. In the Peoples Brief, the Solicitor General summarized the prosecutions version of the incident, as follows: Appellant is the common-law husband of BBB with whom he has two children, AAA and CCC. AAA was born on May 24, 1981 in Butuan City. At the time AAA testified, she was seventeen years of age. (pp. 3-4, TSN, May 20, 1999; p. 20 TSN, June 24, 1999; Exhibits B and B-1). On April 24, 1998, AAA was employed as a house helper by Mrs. Areola at xxx (p. 5, TSN, Ibid). On May 23, 1998, at 7:00 p.m., more or less, AAA temporarily left her employers abode and went to their house in xxx because the next day was her birthday. When she arrived home, she saw her father, the appellant and her brother, CCC (CCC) (pp. 6-7, TSN, Ibid). Inside the house, appellant ordered AAA to lie on the floor face down. When AAA complied, appellant stepped on her back as she lay face down on their bamboo floor. Feeling intense pain, AAA pleaded with her father to stop. Appellant then forced AAA to lie on her back and ordered her to undress. AAA refused to remove her clothes. Appellant forcibly undressed AAA and stripped her of her dress, shorts and panty. Thereafter, appellant removed his shorts and brief. He then inserted his penis into AAAs sexual organ and made a pumping motion (pp. 10-11, TSN, Ibid). Petrified with pain, AAA told appellant Stop it Pa, but appellant continued with his bestial act. AAA felt a stinging sensation (hapdos and sakit). AAA heard her brother CCC plead with appellant to stop raping his sister. Appellant, however, ordered CCC to go downstairs and play. Fearful of the appellant, CCC obeyed (pp. 13-14, TSN, Ibid). When appellant stopped his push and pull motions, AAA noticed a white discharge coming from appellants penis. Appellant then casually put on his clothes and left (pp. 12