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Pete Hollmer

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The only elements of statutory rape are: 1 that the offender had carnal knowledge of a woman; and 2 that such woman is under twelve 12 years of age. Moral damages may be automatically awarded in rape cases without need of proof of mental and physical suffering. Exemplary damages are called for, by way of public example, and to protect the young from sexual abuse.

The information charged accused-appellant with only one count of rape, for the one that occurred on 10 September In the course of our review of the records, however, it came to our attention that the subject rape was probably not the first and only time that AAA had been raped. AAA's testimony bears this out:. Court The court observed that the witness is slow in comprehension. She has difficulty in answering questions.

Anyway ask her another question. Was there an instance that the penis of the accused was inserted inside your vagina? On September 10, in the morning, was there an instance that the sex organ of the accused was inserted to your vagina? We relate the above testimony to that of AAA's father, BBB, who testified: first, that he had been wondering how AAA "always" had money; second, that on 9 September AAA had an aggregate amount of thirty pesos in her possession; and, third, that AAA had told him that accused-appellant had been giving her money.

The pertinent direct testimony reads:. What time was that in the morning when you came to know that your daughter, AAA, has plenty of money? At that time on September 9, at about in the morning, how did you come to know that your daughter has plenty of money? Because she was asking money from me to buy halo-halo but I told her that I have no money so, she went upstairs and then she got her own money.

At that time you said you were at your yard where did your daughter allegedly got the money? How much money your daughter have at that time after she went back from getting money inside your house? It was already answered, on September 9. You already asked him what happened. Another question, Fiscal. The following day, September 10, , I asked my son if he gave money to AAA and then my son told me that he did not give any money to her. What time was that on September 10, when you asked your sons if they were giving money to AAA?

What did you do when you were informed by your sons that they were not giving money to AAA? That was it, I asked my daughter who was giving her the money because my sons told me that they were not giving money to her. She told me that it was Abe who was giving her the money. Am I correct that during the direct examination when you were asked on September 9, you answered that you were at your house in Brgy. Rizal, Quinapondan, E. Am [I] also correct that you came to know and you were surprised when your daughter has plenty of money on the said date? Taken together, these testimonies, given during trial, invoke the belief that accused-appellant could have raped AAA more than once, on occasions earlier than 10 September These tell-tale testimonies should have raised the red flag for the prosecution to investigate the probability that AAA could have been raped on dates other than that determined in the information.

Such belief, engendered unavoidably but only in passing, deepened upon our scrutiny of the physical records of this case, the entire folders of which were elevated to this Court as a matter of course, and invited our attention to the transcript of the stenographic notes taken down during the inquest which were included in the trial court records of the case. During the inquest, on 27 September , the transcript shows that, upon the query of an investigating Municipal Circuit Trial Court MCTC judge, 31 AAA narrated that accused had raped her several times long before that fateful day in September.

Was that the only incident on September 10, during the town fiesta in Quinapondan when Gavino Pagamucan raped you?

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It was a very long time when I was fetching water he drag me to the grassy area and raped me. You mentioned that you were raped for several times already and during those instances, do you still recall if this Gavino Pagamucan always give you money? When this Gavino Pagamucan did this to you, did you not have any idea of telling your father or other relatives? I did not because he kept on telling me that if ever I will tell my father he will kill me with a knife.

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Everytime that this Gavino Pagamucan raped you, did you notice whether he was in possession of a deadly weapon or a knife? Yes, he was always armed with a knife. Thereafter, the investigating judge issued an Order of even date, 33 finding sufficient probable cause for the issuance of a warrant of arrest against accused-appellant, and directed him to submit a counter-affidavit for the preliminary investigation.

In the resolution 34 which the same MCTC judge issued after the conduct of preliminary investigation, she duly noted that AAA had narrated under oath, during inquest, that accused-appellant had raped her for several times before 10 September , although she could no longer recall the exact dates of these rapes. Surely, the transcript of the inquest and the above orders and resolutions pertaining to this case were part of the records at hand when the case was filed with the RTC.

While these may not have been utilized in the assessment for the conviction of accused-appellant, our careful review of AAA and her father's testimonies showed that AAA had been raped by accused-appellant not just once, as specified in the information, but several times. Further, during our review of all the records elevated to the Court, the question arose in our mind as to why only one count of rape was filed against accused-appellant, despite the glaring testimony of the victim and in spite of the MCTC Judge's observation that the victim could have been raped many times.

We see fit to remind the prosecution of its mandate to conscientiously investigate and prosecute every aspect of a case. Here, we take the prosecution to task for egregiously missing the opportunity to fully serve the ends of justice. Penned by Associate Justice Gabriel T. Ingles, and concurred in by Associate Justices Pampio A.

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A Togahan's Tale (Togahan, #1) by Pete Hollmer

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