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EXTRACT 1 (G.R. No. 122339.

August 4, 1999)
Q: If you say rape, what was done to you?
A: He kissed me.
Q: What else?
A: In my lips, sir.
Q: What other?
A: No more, sir, other than kissing my lips.
Q: Have you observed a dog commit sexual intercourse, a male dog to
a female dog?
A: Yes, sir.
Q: Was the rape you are saying like that?
A: Yes, sir.
Q: Was this done to you?
A: Yes, maam.
Q: How?
A: He kissed me on my cheek and my lips.

EXTRACT 2 (G.R. No. 122339. August 4, 1999)

Q: When you left the house of Loben Daganta, what did you do
A: I ran, maam.
Q: And what happened after that?
A: The following day I told my sister.
xxx xxx


And what did you tell your sister?

I told her that Loben kissed me. (Hinalikhalikan ako.)
Aside from that did you mention anything to your sister?
That he kissed me on my cheek and on my lips.

Q: And no other thing?

A: No more, maam.

EXTRACT 3 (Criminal Case No. 05-101)

Q: At the time he was holding you against the wall, where you standing
A: Yes maam.
Q: In that standing position, where your feet free from any restraints?
A: Yes maam.
Q: Did you at least put up a fight and used your free feet to be freed
from the hands of father Garcia?
A: No Maam. He was overpowering me and I was really afraid, shocked
and scared at that moment.
Q: You mean to tell me that at the time you had the opportunity to
free yourself and you did not take it?
A: No Maam. At that moment I was in a state of shock that I was stunned
and my body was just numb.
Q: You also said in your direct that he pulled your undergarment by
using his free hand, how did he restrain you and at the same time
remove your underwear?
A: He used his right hand to get a grip of both of my hands and used his
left hands to remove my underwear.
Q: All this time you did not resist or shout?
A: No maam. As I said I was in the state of shock.
Q: How did he remove your underwear?
A: He used his left hand maam.
Q: you mean to tell me that while he was pinning you against the wall and
holding your hands up, he managed to bend and remove your
A: Yes maam.
Q: Do you wish this court to believe that at that position he can do
both things at the same time, the restraining and the removing of
the undergarments?

A: Yes Maam.
Q: How tall are you Miss Mejia?
A: about 5 tall maam.
Q: How tall do you think is Father Garcia?
A: I think about 5 7 maam.
Q: So the difference between your height and his is only about 7 inches
A: Yes maam.
Q: Isnt it impossible for a man not so tall to be able to pin you
against the wall, hold your hand up, and at same time bend and
remove your undergarments.
A: No maam. Father Garcia was able to do it. And as I keep on repeating
to you, at that moment, I was in a state of shock that my ability to
resist was weakened.

EXTRACT 4 (G.R. No. 124329. December 14, 1998)

The trial court found that there was sexual intercourse. That conclusion,
unfortunately, could have only been inferred from the fact that when Analyn
woke up she found accused-appellant on top of her wiping her private
parts. This is merely a sweeping generalization that cannot provide adequate
basis for the conclusion that there was indeed carnal knowledge and therefore
rape was perpetrated. While the intention of the prosecution might have been
to establish that what was wiped out was semen or fluid released in orgasm by
her father, neither Analyn nor any witness for that matter ever said so, much
less, that it was preceded by an intercourse. Besides, that it could have
possibly been the dnouement of self-indulgence by the father - who after
coming home from a drinking spree found in the lure of the night a young
body in his daughter lying before him, perhaps scantily clothed or bare at
least to the waist - is not remote, otherwise, it could have been infused serumlike into her genitalia with nothing more to wipe out. This is a missing link, a
vacuity, a vital element that is miserably lacking in the successful prosecution
of the case.

EXTRACT 5 (G.R. No. 118027. January 29, 2004)

Q: When he went to your house, do you remember of anything he
did to you?

A: He went upstairs, Mam, in our house.
Q: When he went upstairs in your house, what did he do if he did
Q: Objection Your Honor, already answered.
The witness may answer the question.
A: He caused me to lie down, Mam.
Enter into the record, Itinihaya po ako.
Q: When he caused you to lie down, did you lie down?
A: He caused me to lie down, Mam.
Q: When he caused you to lie down, what did he do?
A: He removed his brief, Mam.
Q: When he removed his underwear, what did you see?
A: He removed his underwear, Mam. Naghubo po si Cado.
Q: When he removed his underwear, what did he do if he did
A: His penis was shown, Mam.
Q: After his penis was shown, what did he do if he did anything?
A: Inikot po ako, Mam.
Q: Now, during that time when he put out his penis and fucked you,
do (sic) you have your panty?
A: I was wearing a yellow panty, Mam.
Q: Did he remove your panty?
A: Yes, Mam, which was pulled down until here.
(Witness pointing down to her feet)
Q: When he fucked you, did you feel any pain?
A: No, Mam.
Q: Did you know after he fucked you, what else happened, if any?
A: He again showed out his penis, Mam.
Q: Do (sic) you have any companion then in your house?
A: None, Mam.
Q: Why, where is (sic) your companion in your house?

A: They were loitering around Mam. Naglalayas po.

Q: Did this Cado Balatazo leave you after he fucked you?
The witness nods her head.

EXTRACT 6 (G.R. No. 109662 February 21, 1995)

ATTY. HERNANDEZ (Defense Counsel):
Q: You have testified during the last hearing that on September 21, 1990,
at about 5:00 o'clock in the afternoon, a certain "Poks" called for you,
is that correct?
A: Yes, Sir.
Q: But you will agree with me, Michelle, that in Casiguran, Sorsogon,
there are several persons whom you know being called "Poks", was
it not?
A: Yes, sir.
Q: And now you further stated Michelle that this "Poks", this person
whom you called "Poks", on September 21, 1990 at about 5:30 in the
afternoon have called for you and after that he got hold of you and
brought you to the poultry house, was it not?
A: Yes, sir.

Q: And after that, as you have testified before this honorable Court, you
said that "Poks", one of the "Poks" whom you know in Casiguran,
have knelt . . . I withdraw that. After the said "Poks" one of the
"Poks" whom you know in Casiguran, brought you to the poultry
house, he put up your skirt and he knelt down, was it not?
A: Yes, sir.
Q: And after that, you have stated that he put out his penis, pulled down
your panty and the same penis was allowed to touch your vagina,
was it not?
A: Yes, Sir.
Q: The said penis merely touched your vagina, was it not?
(No answer)
Your honor, we would like to make it of record that the witness, the way
we understand of her age, she is in grade two and grade two pupils
somehow are smart, comparing children of today with those of
yesterday. . .