The accused, Reynaldo Marcelo, a traffic enforcer in Port Area, Manila, and a resident of Libis Baesa, was also ordered to pay the victim P125,000 for civil and moral damages.
In his decision, Judge Silvestro Bello of Branch 128, found sufficient grounds to convict the accused of two counts of rape. The victim was the daughter of Marcelo’s common-law wife.
Court records showed that the accused raped the victim on March 28 and Sept. 27, 1998 while her mother was out of the house. The first incident took place while the victim was sleeping with her two brothers inside their room. Marcelo woke her up and forced her to go with him to the living room.
The accused then proceeded to sexually abuse the victim and later threatened her with a knife if she told anyone about the incident. The victim’s mother was at the hospital at the time giving birth.
Six months later, Marcelo again took advantage of the victim when her mother was out fetching water. After raping her, the mother walked in and was surprised to see Marcelo and her daughter stripped of their clothes.
This prompted her to report the incident the following day to the police and formally lodged a complaint against Marcelo after the victim admitted she was raped.
In his defense, the accused denied ever raping the girl, saying he was nowhere near the house at the time of the incidents.
Marcelo claimed he was at his brother’s funeral during the first sexual attack, and that he was out at work during the second incident.
But Judge Bello gave credence to the prosecution, as the victim positively identified Marcelo as her rapist. The court added that the victim’s testimony was "full of certainty, and could not have been fabricated."