G.R. No. 190349 - PEOPLE OF THE PHILIPPINES, VS. FRANCASIO DELFIN, ACCUSED-.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, AAA was examined and the results thereof as stated in the medical certificate [6] issued by Dr. Gabriel P. Edano (Dr. Edano) on July 5, 2001 are as follows: MEDICAL CERTIFICATE NAME: AAA AGE: 11 years old ADDRESS: x x x, Naval, Biliran Nature of incident: Allegedly raped by unknown person. Time of incident: Around 10:00-11:00 p.m. Date of incident: May 27, 2001 Place of incident: Commercial building, near Land Bank Naval Branch. Findings: (+) lacerated hymen at 6:00 oclock position. (+) Corrugated hymen. Introitus: Nulliparous = Admits one finger with slight pain. Vaginal smear result: Negative for the presence of spermatozoa. Thereafter, AAAs family reported the incident to the Department of Social Welfare and Development. Consequently, complaints were filed against appellant. Version of the Defense Five witnesses, including the appellant, testified for the defense. Maximo Ombing (Ombing), a neighbor and friend of appellant, testified that on May 27, 2001, he was at appellants house from 7:00 in the evening until 12:00 midnight watching television. He further stated that appellant was with him the whole time and did not leave the house. Ending Matugas, the owner of the store where AAA allegedly watched television the night she was raped, claimed that it was not true that AAA stayed at her store to watch movies that night. Aside from the fact that she does not allow children to watch television in her store late at night, said store was closed at that time as she was then on her way to Cebu. Eduardo Borrinaga, the Chief Tanod of Barangay P. Inocentes Garcia, stated that on June 30, 2001, he was at the billiard hall having a drinking spree from 2:00 p.m. until 3:00 a.m. of the following day. However, he neither saw appellant nor any parked vehicle outside the billiard hall. Appellant, for his part, denied the rape charges against him. With regard to the first rape incident, he claimed that he was at home watching television with Ombing up to 12 midnight. Thereafter, he went to sleep. And as he did not leave the house that night, it was impossible for him to have raped AAA. As to the second rape incident, appellant averred that he was again at home on the night of June 30, 2001. Appellant contended that AAAs allegations against him were fabricated. He surmised that AAAs aunt, CCC, instigated the filing of the charges since he once reported to a police officer that CCC was involved in illegal drug activities after he saw her and her live-in partner Violeto Oral (Violeto) alias Akid packing shabu . To bolster his claim, appellant presented the testimony of Police Superintendent Victoriano R. Naces (P/Supt. Naces), who declared in open court that appellant indeed reported to him such incident during the first week of May, 2001. Because of appellants report, a surveillance on CCC, Violeto and two other persons was conducted where it was confirmed that they were indeed involved in illegal drug activities. Howev