Facts of the Case

These are the facts of the case based on the statements of the victim, Nathalie Gonzales: 1. That last June 4, 2 1! she "ent home after her class as a hi#h school First $ear student to her residence at %ta. Teresa Norte, %an &i#uel, 'loilo "ith the accused German (elos )e$es a fello" from the same baran#a$* 2. That the$ rode a +ee,ne$, Jaro-C,u, #oin# to .n#/a Terminal in from of Christ the 0in# and thereafter ali#hted from the said 1.J and rode another +ee,ne$, %ta. 2arbara-3i-"a$, and ali#hted from the latter u,on reachin# 2an##a (ama of %ta. 2arbara and thereafter rode a tric$cle, Cada#ma$an Tric$cle, and ali#hted at a ,lace called 2an##a 0ano at Cada#ma$an %ur, %ta. 2arbara and "al/ed thereafter to"ards 2r#$. %ta. Teresa, %an &i#uel* !. The victim "as a"are of the ,resence of the accused and of him follo"in# her and did not mind it because she "as familiar "ith him, althou#h he is livin# in the area for onl$ four $ears, and because his house "as at the same direction as her and he "ould usuall$ ,ass b$ her house since her elementar$ $ears at %ta. Teresa 4lementar$ %chool* 4. .,on reachin# the secluded area of %itio &una$ of %ta. Teresa, the accused suddenl$ #rabbed the victim b$ "ra,,in# his ri#ht arm around her nec/ and held a /nife a#ainst her left side and said, 53indi /a ma#-sin##it /un# hindi mo #usto n#a ma,ata$. (ali lan# man ini.6 7(on8t scream if $ou don8t "ant to be /illed. This "on8t ta/e lon#.9* :. The victim bein# a minor "as en#ulfed b$ fear and follo"ed his demand and /e,t her mouth shut and did not stru##led "hen he brou#ht her to an area dense "ith trees and shrubs and there he commanded her, not lettin# #o of her, to continue shuttin# her mouth and not stru##lin# as he slo"l$ unbuttoned her blouse and ta/in# off her s/irt and seein# the develo,ed breasts and volu,tuous bod$ of the victim #ot im,atient and ,ulled her bra and her bloomers and her under"ear and forced her to lie do"n* ;. The accused, "hile ,innin# the victim and holdin# the /nife a#ainst her throat, thereafter forced the victim to unbuc/le his belt, unbutton his ,ants and unzi, the si,,er of his ,ants sa$in#, 5'/a" naman. 3u/sa an# sinturon /o, bu/si an# ,antalon /o ,ara ma/ita mo an# da/u /o n#a buto /a# ,ara maanad /a.6 <. Then and there the accused made the victim s,read her le#s and thi#hs so as to ma/e the ,enetration easier to "hich the victim, out of fear of death, follo"ed then the accused inserted his ,enis to the victim8s va#ina*

=. %ince the victim "as a vir#in she felt the ,ain and "ould have screamed "ere it not for the accused coverin# her mouth "ith his ,alm "ithout lettin# #o of the /nife and ,innin# her to the #round "ith his sheer "ei#ht* >. ?t this ,oint the accused be#an movin# his hi,s u, and do"n to "hich the victim stru##led because of the ,ain of "hat the accused is doin# to "hich the accused said, 5Na#a$ bato. &adula lan# inan# sa/it. 1uta, vir#in /a ,a #ali. %ubon# lan# a/o /atila" vir#in ba. Namit.6 7(on8t fi#ht it. That ,ain "ill "ear out. %hit, $ou8re still a vir#in. This is the first time '8m #oin# to have a vir#in. 't8s #ood9* 1 . The accused satisf$in# himself "ith the carnal /no"led#e of the victim said, 5Natil"an /o #id man i/a" ba. %a ,ila /a beses n#a na#a-ba/o$ a/o n#a i/a" an# #ina,anumdum /o ,ero "ala #id a/o ma#-e/s,ectar n#a amu /a sini /anamit itoton. %a li"at naman, ah. (a" bitin ,a a/o ma#-itot sa imo, #usto /o ,a tani #allin# basi ma#tin#ala an# m#a #ini/anan mo n#a "ala /a ,a. 3indi /a #id manu#id /un# hindi mo #usto n#a ,at$on /o i/a" /a# /an# ,amil$a mo.6 7'8ve had $ou at last. '8ve masturbated man$ times "ith $ou in m$ mind but ' did not e@,ect that $ou8d be this #reat to be fuc/edAviolated. Bet8s do this a#ain. ' am not satisfied fuc/in#Aviolatin# $ou, ' "ould8ve continued but $our ,arent mi#ht become sus,icious as to "h$ $ou are late. (on8t tell an$one if $ou don8t "ant me to /ill $ou and $our famil$.9 11. Chen the accused left the victim, "ith tears and "ith difficult$ of standin# strai#ht, tried to fi@ed her com,osure and "ent home "ithout tellin# an$one* 12. The follo"in# mornin# her mother sa" some scars on her bod$ and her torn bra and as/ed her about it to "hich the victim re,lied in tears and sobbin# tellin# her mother the acts done to her b$ the accused* 1!. .,on hearin# the ordeal of her dau#hter, the mother brou#ht the victim to the ,olice station to file a blotter and to as/ for ,olice assistance to "hich the ,olice res,onded and a,,rehended the accused "ho "as still at his home and about to leave for "or/.