G.R. No. 126096 - PEOPLE OF THE PHILIPPINES, VS. AMADO SANDRIAS JAVIER, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

accordingly on May 8, 1996. Complainant further declared that applying practically the same force and intimidation and about the same time (1:00 P.M.) and again while complainant's mother was out doing some laundry for neighbors, accused repeated the sexual assault on her on November 18, 1994 and December 19, 1994. Complainant testifying further declared that she has three older brothers and a sister. That she is the youngest and the only one who lived with her parents. Her three older brothers lived in Manila, Cotabato and the last one with her grandmother, Vda. De Librada Ratunil. Out of fear, she kept the incident to herself until she felt some unusual pain in her body and when she can no longer manage said situation, she finally broke her silence by going to her grandmother, Librada Vda. De Ratunil at 165 Capistrano Street, Cagayan de Oro City in the evening of March 15, 1995. She was asked by her grandmother about the author of her pregnancy, she answered that it was her father, the herein accused. Complainant on cross examination, admitted having a sweetheart and were engaged for one year already prior to the incident. Her sweetheart, whom she identified as Michael Apduhan pays her a visit at times but on Saturday afternoon only with her mother around. Consequently, there was no occasion that she met her sweetheart alone for either her mother is around in the house or went out with her sweetheart with her "barkada" during disco dances on the eve of fiestas. (pp. 24-26, Rollo.) Julia's grandmother, Librada Vda. De Ratunil, corroborated Julia's story and narrated that on March 15, 1995, Julia arrived at her house and upon knowing the things that happened to her granddaughter, she wrote Julia's mother, Emma, her daughter, and informed her of the matter. They decided to report the matter to the police authorities at the Bulua Police Station in Cagayan de Oro City where they executed the complaints (tsn, October 11, 1995, pp. 19-20). Dr. Tammy Uy of the National Bureau of Investigation, Region 10, examined the victim and made the following findings: GENITAL EXAMINATION Pubic hairs, fully grown, abundant. Labiae mejora and minor, both gaping. Fourchete, moderately lax. Vestibular mucusae, violaceous and with engorded veins. Hymen, tall, thick, fleshy, with old healed complete laceration at 9:00 o'clock position, and an old healed deep incomplete lacerations at 6:00 non-coaptable. Hymenal orifice, originally annular, admits a glass tube of 2.5 cms. Diameter with slight resistance. Vaginal walls, lax; rugosities obliterated. Uterus, enlarged with palpable fundus and with a fundic height of 12 cms. (between the umbilicus and sumphysis pubs). Cervix, soft, non-tender, enlarged, bluish-purpole. Light yellow muccoid cervical discharge is noted. CONCLUSION Genital findings present, compatible with sexual intercourse with man on or about 20 October 1994 as alleged and subsequently thereafter. Probable signs of pregnancy present, consistent with the early