It appears that in late 1978, the accused Juan David met Adelaida Masupil (maternal aunt of the private complainant Ma. Theresa Aguilar). They both worked in the office of an architect. Jun was a married man. But Adelaida did not know this. Parenthetically, when she testified, the court observed that Adelaida is naive and impressionable.
Six months after they were acquainted, Jun became Adelaida's boyfriend. After Valentine's day, 1979 they eloped. After the elopement, Jun confessed that he was a married man. She was angry, but he was able to mollify her. They went to live at the house of Jun's mother in Bacolor, Pampanga. They lived there for about a year.
In December 1980, Adelaida's sister, Toribia Aguilar, invited them to live in her house at 35 Scout Castor Street, Toribia was going on business to Japan and Korea. She wanted her sister to take care of the children while their mother was abroad. They accepted the invitation and moved in.
After they transferred to Toribia's house, Jun worked as a draftsman for another architect. Mainly, he did his work at home, particularly in his second floor bedroom. Here, he kept his tools and implements, including a long knife to cut paper with (Exhibits "F" and "l 6"). Adelaida said she frequently saw him cutting drafting paper, (Exhibit "V") He usually reported to office only on a Friday or Saturday.
Adelaida stayed at home with him. She kept an eye on the children. But eventually, they were able to hire a trustworthy babysitter. So, in March 1982, Adelaida accepted employment in the office of her sister Toribia. This office was opened only the month before. Toribia was engaged in entertainment promotions. Specifically, they took prospective Japanese employers on a survey of Manila nightclub entertainers and hired some of them for entertainment work in Japan. Sometimes the sisters worked until late at night, because of the nature of the job.
Initially, Adelaida's family were lukewarm to Jun because they knew he was a married man. But for Adelaida's sake, they learned to accept the relationship. The two couples lived harmoniously in the Aguilars' house. Toribia said that he treated Jun as a brother and trusted him. She felt secure when she was abroad, because he and Adelaida were at home to take care of the children. At first, he was very kind to the children and always brought something home for them.
But gradually, Adelaida noted that Jun's attitude changed, particularly with respect to Theresa. Adelaida said that for about three times, she saw Jun touch Theresa's vagina. "Pinipisil-pisil niya na parang nanggigigil." At that time, Theresa was about four years old. When she saw the incident for the first time, Adelaida chose to ignore it, but suspicion raced in her mind.
The second time, she advised Theresa that if Jun did the act again, Theresa must tell Jun to stop, because Theresa's father would get angry if he knew. Later, Adelaida accosted Jun himself. He denied that she saw anything immoral, and claimed that he was merely playing with the children.
Further, Adelaida testified that Jun used to engage in playful banter with the maid Luz. The latter would sometimes cry out to Adelaida: "Ate Dea, eto is Jun, o." The tone of Luz's voice also aroused Adelaida's suspicion, but she kept it to herself because she did not actually see Jun doing anything to Luz.
One time, when Adelaida was working on a temporary basis, she went home at 7:30 p.m. She saw Jun and Theresa watching TV with the lights off. Adelaida was surprised and asked why the lights were off. Jun said that there was a brownout. This could not have been true, because the TV was on. Jun and the child Theresa were sitting side by side on the sofa.
Luz said that Jun had a mean streak. When the children misbehaved, he maltreated them and denied them lunch. But Luz was afraid to precipitate a quarrel between the parents and Jun. Also, Luz was afraid Toribia might think she was not taking good care of the children.
Luz believed that when Jun threatened to kill the children, he was perfectly capable of doing so.
Jun usually went around the house wearing only a pair of short pants. He put on a shirt only at mealtime.
In the household, Luz was not treated as an ordinary maid. Her deceased mother used to work as a temporary maid of the Aguilar family. When her mother reported to the Aguilar household, Luz tagged along. Her mother died in 1 January 1981. She entrusted Luzto the care of the Aguilar couple. Luz moved in with the couple. She left for a short while, but when Toribia returned from abroad, Luz also returned to the household, toward the end of 1981.
The Aguilar couple treated Luz like a member of the family. She assumed various household duties, including babysitting the three girls.
Luz testified that Jun raped her four times in the summer of 1982. The first time took place at about the first week of April, at about 2:00 p.m. Only the children were at home. The man of the house, Antonio Aguilar, was in Japan. He is a professional singer.
Jun shouted for her. She went up to his bedroom on the second floor. He said that he was sending her on an errand. But when she reached the room, Jun locked the door. He showed her photos of naked women which he took out from a plastic bag with the logo of National Bookstore.
Jun forced her to read the literature that occupied the pornographic photos, but she refused. He spread out the photos on the bed and once more, forced her to read. She continued to refuse and tried to leave the room.
Jun grew angry and forced her to lie down on the bed by holding her on both arms. With his left hand, he pinned her two arms down on the bed beyond her head. With his right hand, he held a knife about 8 inches long and threatened to kill her. He kissed her on the face and put the knife down on the floor, may be about two meters away. She is not sure of the distance.
Luz was wearing a blouse and skirt. Jun placed his right hand inside her skirt. He touched her two breasts. He forcibly removed her panty.
Jun released her, stood up and removed his shorts. She tried to run away, but he boxed her. He lowered himself on top of her. Because he was stronger, he was able to force his sex organ inside hers. She felt pain. He moved on top of her for sometime, may be for an hour.
Luz felt that her vagina was bleeding. She passed her hand on her buttocks and saw blood. She tried to remove his penis because she was in pain, but he pumped faster.
After this first incident, she confided what happened to the houseboy Danilo. But it was not until after the fourth incident that Danilo in turn told Toribia. Luz did not complain to Toribia, because Luz was afraid that Jun would carry out his threat to kill her. Toribia noticed that she had been crying, and asked her why. She answered that she had a headache. This was because Jun was present and staring her down.
Furthermore, Luz believed that even if she told Toribia, the latter would not believe her. Luz thought that in a confrontation, the family would instead take Jun's version to be true because after all, he was Adelaida's husband.
Luz believed the death threat because Jun customarily went around the house holding the knife. Apparently, this did not strike the rest of the household as unusual, because they knew he used the knife to cut paper with.
When she was with other members of the household, Jun would always stare her down. He was able to intimidate her this way. Luz described Jun's demeanor in Tagalog as "nanlilisik ang mata."
The second rape, took place about the second week of April, at about 4:00 p.m. Only the children were at home. Luz was fixing clothes in the maid's room on the ground floor. Suddenly, Jun entered the room and asked what she was doing. She demanded to know what brought him. He replied that he just wanted to see what was going on. She asked him to leave.
Instead of leaving, he locked the door. She threatened to scream. If she did, Jun said, he would kill all the children. Although he was not then holding the knife, Luz felt afraid and believed his threat.
He ordered her to stand up. He held her and laid her down on the bed. He prevented her from getting up. She resisted but to no avail, because he was stronger. He placed his hand across her mouth to prevent her from shouting. It did not occur to her to bite his hand. He raped her for the second time.
After he finished, he repeated his threat. If she reported what happened, he would kill Toribia and the children.
She did not report this incident because she was ashamed.
The third rape took place at about the third week of May in the afternoon. Only the children were in the house. Both Luz and Jun were downstairs. He ordered her to fetch a drawing from his upstairs bedroom. She hesitated. He shouted at her. So, she went up. Unknown to her, he followed.
He locked the door and forced himself on her. She refused. He picked up the knife that was lying on his table. He forced her down on the bed and forcibly penetrated her. Luz recounted that for about half an hour, he moved on top of her. Finally, he ejaculated a white sticky substance. After he was finished, he stood up. He warned her not to tell anybody. She felt afraid.
The fourth rape took place at about the fourth week of May, at about 1:00 p.m. She was in the children's bedroom. The four children were sleeping in their bed. She was keeping them company and was sleeping in a separate bed. The bedroom door was locked.
Apparently, Jun entered the bedroom by passing thru the adjoining bathroom. He lay down beside her and started kissing her. She awoke He placed his hand across her mouth. He brandished the knife and warned her not to make a sound. He lay on top of her for about half an hour.
She fought back. Although she was afraid because of the knife, she pushed him. The two of them fell on the bed, but none of the children awoke He raped her for the fourth time.
After he left, she did not wake up the children because she wanted to shield them from knowledge of such an ugly thing. She was unable to sleep for the rest of the night.
She did not notice when Toribia and her husband arrived. She saw Toribia the next morning, but she did not report the matter because she was afraid.
She was in turmoil. She decided to report what happened to Toribia. But she had to wait for the proper time. She missed her menstruation. Then, she learned that Theresa reported to her mother that Jun had molested the former. This emboldened her.
Sometime in May, Theresa who was six years old was playing downstairs, Jun called her from his second floor bedroom. So, she dutifully complied. When she entered the room, he did not say anything. He made her lie down and took off her panty. He took off his shorts and briefs. She saw that his penis was exposed. He put his penis on her vagina. Theresa felt pain.
The second rape also took place in Jun's room. Her sister Aurea, 5, was in the same room. Jun ordered them both to go to sleep. She saw that Aurea was very sleepy and instantly obeyed. She also closed her eyes.
He took off her skirt and panty. Then, he took off his shorts and briefs. He inserted his finger inside her vagina. Both acts produced pain for her. She did not shout because if she did, then, Jun would know that she was not sleeping.
Her parents arrived, maybe at 9:00 p.m. She did not tell them what happened, because Jun was at home and she was afraid of him.
On 30 May 1982, a Sunday, Jun and Adelaida went out to church. Theresa told her mother what happened.
Adelaida and Jun went to Pampanga to fetch some of Adelaida's things. They did not return right away. The family speculated that Jun forced Adelaida to stay with him in Pampanga. Maybe he was holding her hostage.
While the family discussed this speculation, Toribia noticed that Luz was all ears. Toribia felt that Luz should not be privy to such a private discussion. So, Toribia ordered Luz to go upstairs. Luz did not obey and remained where she was. Toribia got angry. Suddenly, Luz burst into tears. This was when Luz revealed that Jun raped her.
When Adelaida and Jun returned home, they found the household strangely quiet. They told Adelaida that they had learned that Jun had raped Theresa and Luz. Thereupon, Adelaida asked Jun to leave. He cried while he packed, and left that same night.
After Theresa's disclosure, Toribia immediately informed her husband. He called a lawyer. On the lawyer's suggestion, they brought Theresa to the Capitol Medical Center. They told the doctor that their daughter was complaining of itchiness in the vagina.
However, as the doctor was conducting the examination, they decided to reveal that their daughter had actually complained that she had been raped. After hearing this, the doctor refused to give a medical certificate and suggested that they should go to Camp Crame or to the NBI. Toribia hesitated to take the doctor's advise, because she was afraid that a medical examination would traumatize her daughter.
On 1 July 1981 (should be 1982), Toribia took the two girls to the PC crime laboratory. The medico legal officer issued Luz clinical history report (Exhibit "J"). He also made a clinical history report on Theresa (Exhibit "H").
The chief of the PC-CIS sent a letter-request to the head of the crime laboratory for medical examination (Exhibit "G"). Lt. Col. Gregorio BLANCO onducted an examination on Theresa and submitted his medico legal report (Exhibit "I"). The report states that he found no external signs of recent application of any form of trauma. The smears were negative for spermatozoa. He found that physically, Theresa was still a virgin.
But he found the vulvar area to be congested and reddish. This condition may have been caused by an attempt to forcibly insert the penis. The penis may have penetrated the labia majora and labia menora, but not the hymen.
Col. Blanco also examined Luz and filed his medico-legal report (Exhibit "K") There were no external signs of recent application of any form of trauma. He found healed lacerations. The smears were negative for spermatozoa. He found that physically, Luz was no longer a virgin.
The lacerations indicated that there was more than one act of sexual intercourse. Since the lacerations were healed, the intercourse could have taken place two months before the examination. If so, this explains why there are no contusions or trauma.
On 2 July 1982, Toribia took the two girls to the PC-CIS. Investigator Vicente took the statements of Luz (Exhibit 'E'); Theresa (Exhibit "N" and Toribia (Exhibit "O').
Because of the trauma of the rapes, Theresa failed to pass Grade I and had to repeat it. Previously, she passed nursery, preparatory, and kindergarden without repeating any of them. Theresa is also bound to repeat Grade 2. (Rollo, pp- 28-35)
