Download 8. People vs Watiwat - Rape PDF

Title8. People vs Watiwat - Rape
TagsCriminal Justice Crime & Justice Crimes Ethical Principles Legal Guardian
File Size154.0 KB
Total Pages11
Document Text Contents
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third civil degree, against her will and without her consent, to the damage and prejudice
of the Offended Party.

“CONTRARY TO ART. 335 OF THE RPC, AS AMENDED BY R.A. 7659.” [3]

Upon being arraigned, with the assistance of his counsel, appellant pleaded not
guilty to the charge. Thereafter, trial ensued.

Evidence for the prosecution shows that Marites Watiwat, complaining witness, was
born on April 7, 1986, as shown by her Certificate of Live Birth, [4] to her mentally
deranged mother, Adoracion Areglado. Since her father was already dead, appellant
caused its registration and had “Watiwat” recorded as her surname. [5] Marites grew with
the belief that he was her uncle, being the husband of her mother’s sister, Ineseria.

When Marites was one month old, she lived with appellant and his family in Bato,
Bansud, Oriental Mindoro. When she reached the age of three, her grandfather
Cipriano Areglado took her under his custody in Batangas where she studied. She
returned to appellant’s house when she was already in Grade III.

In March 1996, while Marites was sleeping in the house of appellant, he brought her
to another room and undressed her. He then took off his clothes, placed himself on top
of her and forcibly inserted his penis into her genitals. She felt pain. She could only
beg and mutter “huwag.” Her plea, however, was unheeded. Appellant succumbed to
his lustful desires and completely penetrated her private part, making a pumping
motion. The incident was repeated several times. He stopped molesting her only in
November 1996 when her grandfather Cipriano brought her to Hilaria Amparo’s house
at Villapag-asa, Bansud.[6] Hilaria is Marites’ grandaunt, being Cipriano’s sister.

Hilaria observed that Marites seemed to be always lost in her thoughts and would
constantly complain of pains in her stomach and head. On July 7, 1997, or after more
than one (1) year from the incident, she finally revealed her harrowing experience to
Hilaria who immediately brought her to Dr. Preciosa Soller for examination. [7] She issued
a Medico-Legal Report[8] with the following findings:

“1. Breasts not developed.
2. Perineum – No pubic hair

– Labia majora not developed
– skin in labial area congested.

3. Hymen – complete old healed lacerations at 6
o’clock, 9 o’clock, 11 o’clock and 12
o’clock.

– Incomplete old healed laceration at 5
o’clock and 3 o’clock

REMARKS: Physical virginity lost”

Thereafter, Hilaria reported the matter to the police.

Eventually, an Information for rape was filed against appellant.

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identity of appellant as the malefactor were sufficiently and convincingly established by
the prosecution through her straightforward narration, thus:

“Q. Why did you file the case against your Kakang Muling or Mauricio Watiwat?

A. Because I was raped, sir.

Q. Do you still remember the date and month when you were raped by this Kakang
Muling or Mauricio Watiwat?

A. It was in March, 1996, sir.

Q. In that particular month of March, 1996, how old were you if you still remember?

A. I was less than 10 years old, sir.

Q. Tell us how you were raped by your Kakang Muling or Mauricio Watiwat?

A. I was then living in his house and while I was sleeping beside with other children, I
was carried by the accused to the other room, sir.

Q. After you were lifted and carried to the other room, what else was done by your Ka
Muling?

A. He took off my shorts and panty, sir.

Q. After your shorts and panty were removed by the accused, what else did he do if
any?

A. He undressed himself and put himself on top of me, sir. (Naghubo po siya at
pagkatapos ay pumatong sa akin.)

FISCAL (Continuing):

Q. After he placed himself on top of you, what else did he do?

A. He insisted in inserting his penis inside me. (Pilit po niyang ipinasok ang kanyang
ari sa akin.)

Q. When he forcibly tried to insert his penis to your body, what did you feel?

A. I was hurt, sir.

Q. And because you were hurt, what, if any, did you plea or say to your uncle?

A. I told him, huwag, but he continued to insert his penis in my private part, sir.

Q. Will you please tell the Court if your uncle Muling was successful in completely
inserting his penis towards your sexual organ?

A. Yes, sir.

Q. What else did your uncle Muling do after he was able to insert his penis to your
sexual organ?

A. (No answer)

Note: After a few seconds… she answered: ‘Siya po ay nagkakayod.’ (He made a
pumping motion.)”[15]

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[21] People vs. Ardon , G.R. Nos. 137753-56, March 16, 2001, 354 SCRA 609.

[22] People vs. Danao, G.R. No. 116058, February 1, 1996, 253 SCRA 146.

[23] People vs. Paragua, G.R. No. 96923, May 24, 1996, 257 SCRA 118.

[24] People vs. Dacoba , G.R. Nos. 121995-96, April 20, 1998, 289 SCRA 265; People vs. Pano, G.R. Nos.
100460-61, June 5, 1996, 257 SCRA 274; People vs. Panlilio, G.R. Nos. 113519-20, March 29,
1996, 255 SCRA 503.

[25] Tecson vs. Sandiganbayan , G.R. No. 123045, November 16, 1999, 318 SCRA 80.

[26] G.R. No. 120093, November 6, 1997, 281 SCRA 463.

[27] People vs. Romero , G.R. Nos. 137037-38, August 5, 2002.

[28] Art. 225, The Family Code of the Philippines, as amended.

[29] Regalado, Florenz B., Remedial Law Compendium, Vol. II, Seventh Revised Edition, at 106.

[30] People vs. Alcoreza , G.R. Nos. 135452-53, October 5, 2001, 366 SCRA 655.

[31] People vs. De Villa , G.R. No. 124639, February 1, 2001, 351 SCRA 25.
[32] People vs. Baway , G.R. No. 130406, January 22, 2001, 350 SCRA 29; People vs. Banela , G.R. No.

124973, January 18, 1999, 301 SCRA 84.

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