G.R. No. 135862 - THE PEOPLE OF THE PHILIPPINES, VS. RAFAEL PRINCIPE Y MOLINA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the prosecution presented five witnesses, namely: Lerma Morales, [4] Frederick Agrigado, [5] Miguel Bernabe, [6] Alfredo Apan, [7] and Danilo Ipurong. [8] Their testimonies established the following facts: Accused-appellant, an elementary graduate and then 19 years old, had a drinking spree with eight friends at the birthday party of Freddie Saragpon, held in the latters house on Perigola Street, Valdefuente, Cabanatuan City on August 9, 1998, starting 9:00 a.m. At about 4:00 p.m., accused-appellant went to buy some pulutan at the Best-Line Eatery located along the national highway. Accused-appellant had only maroon shorts on and was wearing slippers. As it was raining, he brought an umbrella with him. On the way, he passed by the victim, 6-year old Arlene Ipurong, who asked if she could share his umbrella. Arlene was his niece, her paternal grandmother being the sister of accused-appellants mother. Accused-appellant carried Arlene on his back and went to Best-Line Eatery to buy the pulutan . [9] They were seen by witness Alfredo Apan as they passed by the church between 3:00 to 4:00 p.m. Apan was in the church attending an activity of the Singles for Christ. [10] At the restaurant, accused-appellant was served by witness Lerma Morales. Lerma noticed the child with him, whom accused-appellant introduced as his niece. After getting the pulutan , accused-appellant took the hand of Arlene, and the two went in the direction of an abandoned house, approximately 10 meters from the restaurant. [11] Accused-appellant took Arlene to the abandoned house, which was owned by a certain Jet Magno. There, accused-appellant ordered Arlene to undress. Although Arlene complied, she told him that she was going to tell somebody about it. This angered accused-appellant, who picked up a big rock and hit the child with it three times on the forehead. When Arlene fell unconscious, accused-appellant pulled down his shorts to his knees and raped her. Accused-appellant then brought her to the toilet and dumped her into the bowl. [12] At about 5:30 p.m., accused-appellant went back to Saragpons house. He was still without any shirt on. He was wet from the rain and was no longer wearing his slippers. As accused-appellant was gone for about one and a half hours, some of his drinking buddies got tired of waiting for him and already fell asleep. After giving the pulutan to his friends, accused-appellant left. [13] In the meantime, at about 5:00 p.m. of the same day, Arlenes father, Danilo Ipurong, a tricycle driver, arrived home from work and, realizing that her daughter was not in their house, started searching for her. He came upon a group playing "tong-its but Arlene was not there. [14] Danilo continued his search, now joined by several people, including Alfredo Apan. Then Apan saw accused-appellant and asked him, Hindi ba ikaw ang may dala-dala noong bata sa balikat mo nang pagitan ng 3-4 ng hapon na iyon? (Wasnt it you who was carrying