G.R. No. 172710 - PEOPLE OF THE PHILIPPINES, VS. ALBERTO BUBAN, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, she was raped four (4) times by the accused the first of which happened on October 12, 1995; the second on November 15, 1995; the third on January 29, 1996; and the fourth February 24, 1996. All the four incidents of rape happened inside the house of EEE because the accused and his wife GGG used to live with them in the house of EEE. She was only able to file the cases for rape, on March 20, 1996 because that was the time when EEE noticed that her stomach was getting bigger. Due to the persistent questioning of EEE, she finally told her that she was raped by Alberto Buban. EEE was very angry and got mad at Alberto Buban upon learning about it. She was the one who accompanied her to the police station in order to file the criminal complaint (TSN/AAA, dtd. August 27, 1997, pp. 2 to 9). The declaration of the aforesaid victim was corroborated by the testimony and the findings of Dr. Nerissa Tagum, medico-legal officer, who examined the offended party, AAA. She made the patient undergo an ultra sound testing in order to determine her gestation. During the examination of the patient on March 19, 1996 it was confirmed from the result thereof that she was five to six months pregnant. According to the doctor, the sexual intercourse which caused said pregnancy could have possibly occurred within the period from September 14, 1995 to October 1995. The witness likewise identified the medical certificate (Exhs. "A" to "A-2") she issued and affirmed the signature appearing therein to be hers (TSN/Dr. Tagum, dtd. February 12, 1997, pp. 3 to 6). EEE the aunt of AAA corroborated further her testimony when she testified that - she is the sister of the father of AAA whom she took into custody when she was about (5) years old after her father died. The first time she was informed that AAA was sexually molested by the accused Alberto Buban was sometime in the end of February, 1996, when she persistently questioned the victim after noticing that her stomach was bulging. The accused Alberto Buban is the husband of her daughter GGG who stayed with them for a year after their marriage. In the month of February, 1996 the accused and her daughter GGG were already living in a separate house but still visit her very often. Accused Alberto Buban usually passed by her house before reporting for work. She did not tell her daughter GGG about the rape incident although she came to learn about it later. She did not discuss the rape incident with her daughter GGG because the first time she attempted to tell her about it, the latter sided with the accused. In the months of October, 1995 and February, 1996, AAA was about 16 [should be 17] yrs old. From October 12, 1995 to January, 1996 she was able to observe that the stomach of the victim was growing bigger or bulging. At the time the pregnancy of the offended party became apparent, accused Alberto Buban and her daughter GGG were no longer living with them. They transferred to their house across the river in May of 199