This case has been cited 1 times or more.
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2004-02-05 |
VITUG, J. |
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| "x x x [C]omplainant's identification of the appellant was not based solely on the latter's physical defect, but by his voice as well, when he warned complainant, `Flor, keep quiet.' Although complainant did not see appellant's face during the sexual act because the house was dark, nevertheless, no error could have been committed by the complainant in identifying the voice of the accused, inasmuch as complainant and appellant were neighbors."[13] The young victim, narrating her ordeal, declared before the trial court: "Q - You said that you were able to wake up in that late evening and you saw Pedro Intong on top of you, was Pedro Intong having his pants on when he was on top of you? "A - He has no more pants. "Q - How about you when you were awakened and you saw Pedro Intong on top of you and you can hardly breathe, where was your dress? "A - He raised up my dress. "Q - You said that your dress was raised up to your waist and Pedro Intong had no more pants and on top of you what did he do next to you? "A - He kissed me at my cheeks. "Q - Aside from kissing your cheeks what did Pedro Intong do to the lower part of your body especially your vagina? "A - He made a push and pull motions. "Q - You said that Pedro Intong had no more pants and made a push and pull motions, did you notice the organ or penis and eggs of Pedro Intong touching your vagina? "A - Yes. "Q - It was evening Genalyn, in fact you were sleeping and then you were awakened, how were you able to identify that it was Pedro Intong when it was evening? "A - Because I am familiar with his voice and at the time he kissed me he told me to respond in kissing. "Q - Am I right Genalyn that the roofing of your house is dilapidated and the roofing is covered with cellophane? "A - Yes. "Q - There was lightning during that time? "A - Yes. "Q - When there was lightning you were able to see Pedro Intong? "A - Yes. "Q - On top of you? "A - Yes. "Q - Doing the push and pull motions? "A - Yes. "x x x x x x x x x "Q - After accused Pedro Intong made push and pull movements on top of you and your skirt was raised up to your waist and Pedro Intong had no more pants, where did Pedro Intong bring you next? "A - He brought me to the kitchen. "Q - In the same house? "A - Yes. "Q - How did Pedro Intong bring you to the kitchen, dragging you or carrying you? "A - He carried me. "Q - How far was the kitchen where he brought you from the room where you were sleeping when accused was on top of you? "A - The kitchen is just below the portion of where we were sleeping. "Q - How many steps was the kitchen from the room where you were sleeping? "A - One (1) step. "Q - You said Pedro Intong carried you to the kitchen which was one step only from the bedroom on the top, what did Pedro Intong do to you when you reached the kitchen? "A - He dropped me then he mounted on top of me. "Q - You were dropped on the floor and accused Pedro Intong mounted on top of you? "A - Yes. "Q - After Pedro Intong mounted on top of you, what did he do next? | |||||