Case Digest (G.R. No. 143755-58)
Facts:
Accused-appellant Eduardo Pajarillo was charged with four counts of rape for alleged sexual assaults against Anne Rachel Pajarillo, whom the spouses Eduardo and Resurreccion treated as their adopted daughter though no legal adoption existed. The alleged incidents were committed in 1993 and on November 5, 10, and 26, 1995, all in Davao City; Anne Rachel claimed force and intimidation during each episode, with the first based on her inability to clearly see her assailant due to darkness but claiming identification by smell. She reported the assaults to her English teacher on November 27, 1995; a medical examination found old healed hymenal wounds with incomplete laceration indicating only superficial penile penetration, and the Regional Trial Court, Branch 15, of Davao City later convicted Eduardo.Eduardo raised denial and alibi, presenting witnesses who testified that on the relevant evenings the household and neighbors watched basketball telecasts and that Anne Rachel was ofte
Case Digest (G.R. No. 143755-58)
Facts:
- Background and family setting
- Anne Rachel Pajarillo was abandoned by her natural parents when she was barely six months old.
- Eduardo Pajarillo and Resurreccion Pajarillo became her only real parents.
- Anne Rachel was uncertain about the exact date of her birth.
- Eduardo and Resurreccion disagreed on the year of Anne Rachel’s taking in: Resurreccion recalled as early as 1979, while Eduardo placed it sometime in 1981.
- Eduardo and Resurreccion allowed Anne Rachel to use the Pajarillo family name.
- Although Anne Rachel was not legally adopted, she appeared to all appearances to be the daughter of the Pajarillos.
- Eduardo and Resurreccion had nine sons.
- Two sons shared residence with them in a small two-storey house at Ponciano Street, Davao City.
- Eduardo Pajarillo, Jr. occupied the first floor with his family.
- Ruel slept on the lone bedroom of the second floor.
- A third child, Boy, sometimes visited but mostly lived in Kidapawan where he was employed.
- Anne Rachel slept on the second floor with Resurreccion and the grandchildren, namely Junjun, Jin-jin, Eden, Yogi and Ryan.
- First reported sexual assault and subsequent disappearances from the household
- On 27 November 1995, Anne Rachel left the house for school and never returned.
- That day, she tearfully narrated her ordeal to her teacher, Mrs. Rose Baja.
- Anne Rachel pointed to Eduardo Pajarillo as having raped her sometime in 1993 when she was in the third grade.
- Anne Rachel described that Eduardo was drunk, forced himself on her, removed her panty, held her two hands, spread her legs, and touched her vagina with the tip of his penis.
- Despite pitch-dark surroundings, Anne Rachel stated she was still certain it was Eduardo because she “could recognize his smell.”
- Three alleged rape incidents in November 1995
- Anne Rachel stated that the sexual abuse was repeated when she reached fourth grade and subsequently fifth grade.
- She alleged more recent instances occurred on three separate dates in 1995: 5 November, 10 November, and 26 November.
- 5 November 1995
- Anne Rachel claimed she was at home at night.
- She alleged Eduardo, as usual, was drunk and made lustful advances on her.
- 10 November 1995
- Anne Rachel alleged the outrage was committed again.
- She ran away from home and sought refuge in a friend’s house.
- Eduardo soon came to fetch her.
- 26 November 1995
- Anne Rachel recalled that on the evening of 26 November 1995, Eduardo was drinking “Tanduay” while watching basketball on television in the sala with his son Ruel and some friends.
- Resurreccion was not yet home because she was selling barbecue.
- After others were engaged, Eduardo went to the bedroom.
- Anne Rachel alleged Eduardo undressed her and unceremoniously inserted his organ into her vagina.
- After the game ended at about 9:30 p.m., viewers dispersed and she transferred to the sala.
- On re-direct examination, Anne Rachel changed her account and stated that on that day, Eduardo did not rape her but merely mashed her breasts, embraced her, and touched her vagina.
- 27 November 1995 morning events
- Anne Rachel stated that the following morning, 27 November 2001, she woke up to find Eduardo preparing breakfast.
- She indicated that everything looked like any typical morning.
- She did not partake of breakfast with Eduardo and the children.
- She hurried to school and told her classmates about the troubles.
- Teacher testimony and medical findings
- Mrs. Rose Baja testified that on 27 November 1995, she noticed Anne Rachel stayed after class.
- Anne Rachel hesitantly told her she had a problem and did not want to go home.
- When pressed for details, Anne Rachel confided: “My stepfather, whom I call lolo, raped me.”
- Baja accompanied Anne Rachel to the “CYRS.”
- Dr. Danilo P. Ledesma examined Anne Rachel.
- The doctor found old and healed wounds on the hymen.
- When examining the vaginal orifice, the doctor concluded penile penetration was merely superficial because the whole width of the wall of the hymen had not been lacerated.
- The doctor found an incomplete laceration affecting only the superficial layer of the tissue.
- Criminal complaints and charging allegations
- On 03 August 1996, Anne Rachel filed four separate criminal complaints against Eduardo.
- The complaints concerned alleged sexual assaults in 1993 and on 5 November 1995, 10 November 1995, and 26 November 1995.
- The complaints charged rape under Article 335, par. 1 of the Revised Penal Code, as amended by Republic Act No. 7659.
- Each complaint alleged that the accused, by means of force and intimidation, had carnal knowledge with Anne Rachel, who was under 18 years of age, against her will, within the jurisdiction of the court.
- Defense evidence: denial and alibi with witnesses watching television
- The accused raised denial and alibi.
- He presented witnesses: William Abuda, Archel Aniega, Junnebelyn Pajarillo, and Resurreccion Pajarillo.
- The defense witnesses testified that, on the dates and hours when the sexual assaults allegedly occurred, the Pajarillo residence was full of people, including neighbors, watching basketball on television.
- The witnesses also testified that Anne Rachel was a “naughty” girl.
- 5 November 1995 testimony
- William Abuda and Archel Aniega stated they stayed in the accused’s house almost everyday during the basketball season.
- On the day of the second alleged rape, Abuda left at about 10:00 to 10:30 in the evening.
- Aniega decided to remain to watch a boxing match.
- Junnebelyn was still watching television.
- Resurreccion was awake and continued fixing things around the house.
- 10 November 1995 testimony
- Abuda and Aniega testified they were at the residence by 5:30 in the afternoon for the basketball telecast.
- They stated the viewers included Abraham, Aniega’s younger brother, the accused, the accused’s wife, their son Ruel, and the grandchildren.
- Abuda and Aniega left at 10:00 that evening.
- The accused was already asleep with his grandchildren.
- 26 November 1995 testimony
- Abuda and Aniega were again at the residence watching television with the accused, his wife, and grandchildren.
- Abuda left at 10:00 in the evening, while Aniega stayed behind.
- Aniega testified that when he left, the accused and his wife were already asleep.
- Aniega did not notice Anne Rachel that night.
- Aniega testified he saw Anne Rachel earlier at 3:00 in the afternoon, with his house along the road.
- Junnebelyn’s corroboration and additional details
- Junnebelyn corroborated Abuda and Aniega.
- She testified she slept in the same room with Anne Rachel, Eduardo’s wife, her two small male cousins, and one younger sister, with Junnebelyn and Anne Rachel next to each other.
- She stated that during the evenings of 5, 10 and 26 November 1995, she watched basketball with her father, neighbors, and grandparents.
- She testified that Anne Rachel was almost always not home and usually left the house at 7:00 in the evening.
- She stated Anne Rachel at times asked her to deliver love letters to her boyfriend.
- She recounted that once she caught Anne Rachel and her boyfriend holding hands and embracing each other.
- She said she reported the incident to her grandparents, after which Anne Rachel resented it and left the house, but later Junnebelyn, her younger sister, and their grandfather fetched Anne Rachel.
- Resurreccion Pajarillo’s testimony
- Resurreccion testified that Anne Rachel was the daughter of Nestor Libre.
- She stated Libre separated from the child’s mother and decided to leave Anne Rachel, then nine-month old, to the Pajarillos.
- She testified that Anne Rachel was slow in comprehension, and she transferred her from Kapitan Tomas Elementary school in first grade to Padena Gil based on a teacher’s recommendation that she was “simple-minded.” ...(Subscriber-Only)