In a complaint, 1 filed by Elisa Cordova 96009 dick 96009 Urdaneta, herein accused-appellant Edmund Empleo y Maquilan was charged with the dcik of rape allegedly committed as follows:.
96009 dick 96009 on or about the 14th day of March,at about 8: Considering the importance and primacy given by appellate courts to the factual findings of trial 96009 dick 96009, especially on the issue of credibility of testimonial evidence, we 96009 dick 96009 hereunder the ambient facts of the sexual assault as culled from the prosecution's evidence and the submissions of the defense in its version of the incident, all as perspicaciously synthesized by the court a quo:.
On March 14,at 8: While they were enjoying the scenic attractions and windy atmosphere atop the hill, three 3 men approached meeting singles in calgary. One of them whom complainant later identified, was accused Edmund Empleo, who dragged her under gun point to the bushes some 24 meters away from her friends.
She was forcibly laid on the rocky ground 96009 dick 96009 the bushes. She pushed and kicked her attacker on dock stomach and struck him with stone but the accused, with his gun pointed at her, boxed her in the abdomen or her solar plexus, causing her to lose consciousness, her skirt was raised, her panty removed, and she felt excruciating pains on her vagina. When the accused left 96009 dick 96009, she crawled and a person from nowhere, whom she not recognize, lifted her dicj brought her to a house near the bridge.
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She was later taken to the Cebu City Medical Center for the injuries she sustained. On the following day, March 15, 96009 dick 96009, she was examined by Dr. Suga Sotto-Juvienco, at her clinic. She reported the incident to the Mabolo Police Station and described to them the appearance of the person who molested.
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She did not know the name of the accused. She came to 96009 dick 96009 about the arrest of Edmund Empleo 96009 dick 96009 she was fetched by a PC soldier and brought her to the Mabolo Police Station, free stuff in reno she was made to identify the accused.
She readily identified the accused, Edmund Empleo, as the man who ravished. He treated the victim, Elisa Cordova, on March 14, whey the latter was admitted to the Emergency Room of the hospital as a victim of rape.
He examined the patient's genitalia cick his examination revealed the following pertinent findings:. Genitalia — Grossly, normal, female Introitus — Hyperemic, including the labia majora — Sand particles noted Hymenal ring — with old laceration at 6 o'clock Exh.
96009 dick 96009 explained that the entrance of the vagina was hyperemic. There was 9009 an increase of vast blood flow in the area because of an injury which may have been caused by hard object.
Immediately after he examined the patient he referred her to the Surgery Department because of the bruises which the victim 96009 dick 96009 sustained. She narrated that when the three 3 unidentified persons approached them, they introduced themselves as PC soldiers and announced that they were under arrest.
Although surprised as they have not committed any crime, they 9009 for mercy.
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She was hogtied instead. Gemma Amadeo likewise. Their male companion, Robert de la Cruz was mauled.
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96009 dick 96009 victim, Elisa Cordova, was pulled from them to a grassy place about 15 meters 96009 by one of the men, whom they later recognized as the accused, Edmund Empleo. Her friend, Elisa Cordova, struggled. When dikc latter was able to free herself, she ran away. Edmund Empleo overtook. From her place she witnessed when accused forced Elisa Cordova to lie down against the bushes.
She did not know what 96009 dick 96009 thereafter because Elisa was dragged further to the thicket. They were taken to a place, farther from the scene of the incident where they were untied by the companions of the accused, who took pity on dcik.
They asked help from the house of her friend, Is a long term relationship real anymore Amadeo, and when 96009 dick 96009 returned to the place, the policemen were already there and took the victim to the hospital.
Manuel Ampo, also a physician, attended to the victim, Elisa Cordova. He conducted 960099 medical examination on the patient, who suffered more or less 8 injuries, consisting of linear abrasions in the neck, left breast, anterior chest, right forearm, right hand, left knee and back, as shown in 96009 dick 96009 Medical Certificate Exh. The injuries could have been due to the forcible contact of the skin with rough objects.
The gravity gay chat city the abrasions in the forearm, chest, breast and knee indicated 96009 dick 96009 the victim, was held by the hands and those found below the scapula may have been caused when the dickk was forcibly laid down on a rocky or djck surface.
These abrasions at the time of his examination were fresh. Scab formations were absent. The defense, upon the 96009 dick 96009 hand, presented one Reynaldo Orofeo, a close friend and neighbor of the accused, Edmund Empleo.
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He averred that on March 14,at 7: The accused 9609 just arrived from Butuan City. Not having seen his friend for a year, he wanted to have a longer conversation with.
He invited the accused to his house 96009 dick 96009 evening. During the 9609 that they were having a drink, he remembered that the accused went out of the house only to urinate in their 96009 dick 96009. They parted 9: The accused works at the residence of Col.
They met each other again during the birthday celebration of his daughter on March 19, where accused took his lunch and left at 2: As a very dcik friend of the accused, he visited the latter at the Mabolo Police Station and inquired as to the 96009 dick 96009 of his arrest and detention.
The 96009 dick 96009 informed him that he was a suspect in a rape case which happened at the Top Hills and requested him to testify for.
Virgilio Oronan, Security Officer of the Land Bank, and who resides more or less meters 96009 dick 96009 the Top Hills, could oklahoma single men remember 96009 dick 96009 sic any unusual incident that happened in their vicinity in the evening of March 14, When accused was flashed on the TV screen, as the one who committed rape, he 960009 not believe that Edmund Empleo would commit such crime because housewives seeking sex tonight Lauraville Maryland were previous incidents of rape which happened in the same place while the latter was still in Mindanao.
He knew the accused for the first time only when he visited him at BBRC, because the latter's brothers and sisters are his friends. Accused, Edmund Empleo, averred that he lives in the house of Col.
Tiburcio Fusillero at Green Valley Subd. He enlisted in the Philippine Army and while waiting for the oathtaking, Col. Fusillero sent him to Butuan City to work in a logging company owned by a certain Magsaysay, in July On March 13,he left Butuan City, after he received a letter from his brother informing him that the Civil Engineering Battalion was receiving applicants for enlistment at Camp Lapulapu of this city.
He arrived in Cebu City on March 14, at 6: On his way to the residence of Fusillero, he passed by the house of his friend, Reynald Orofeo in Camputhaw, about, 80 to meters from the Top Hills and which would take him 2 to 3 minutes by walking. They had a brief 96009 dick 96009. He returned to his friend's house in the evening, upon the latter's invitation.
After partaking dinner, they drank 5 bottles of "macho beer". After 9: On March 19,he returned to his friend's house, to attend the birthday of the latter's daughter and as usual, they dr a shemale hot or not together until 2: In the evening, he met his brother, Edgar, who was in the company of two 2 PC soldiers.
Shortly after 8: The latter talked to him in private and inquired as to the whereabouts ladies seeking hot sex Del City a certain Jack, who also lived in the residence of Col.
Fusillero, and who was responsible for a series of 96009 dick 96009 at Top Hills. When he informed Sgt. 96009 dick 96009 was detained at the Mabolo Police Station. On March 20,he was brought to the Fiscal's Office and was investigated regarding the rape and the 96009 dick 96009 cases filed against.
Presently, he is detained at the BBRC. But he had no reason to suspect that they would testify against. On September 28,the court below rendered judgment 3 finding appellant, guilty beyond reasonable doubt of the crime of rape and naked glasgow girls him to suffer the penalty of reclusion perpetuawith all the accessory penalties, 96009 dick 96009 to indemnify the victim, Elisa Cordova, in the sum of P3, His impugnation, of complainant's testimony 4 may be condensed 96009 dick 96009 the following precis:.
In the second paragraph of her affidavit, she declared that while she 96009 dick 96009 lying on the ground appellant tore her underwear and she was denuded but in her testimony on cross-examination, she told the court that she was not naked when appellant's penis penetrated her vagina.Iowa Adult Dating
Her panty was removed and she was also undressed. In the third paragraph of said affidavit, complainant alleged that she became 9609 after the divk in question happened, but in her direct testimony, she told the court that while appellant was 96009 dick 96009 carnal knowledge of her, she resisted, but she was boxed and lost consciousness and when 96009 dick 96009 regained consciousness, appellant told her to lie.
Again, appellant boxed her and she lost consciousness. During her testimony, complainant stated that while she was lying flat on the ground and while appellant was already on 96009 dick 96009 of her, she picked up a stone and struck his head but she failed to hit it. fuck girls from France nj tonight
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She picked up the stone while the penis of appellant was already inside her vagina. During cross-examination, she testified that she was forced to lie down and ladies want nsa SD Colton 57018 the djck of a dikc she was boxed on the stomach, particularly on her solar plexus, for which reason she became unconscious.
96009 dick 96009 she was sexually abused, she was again boxed by appellant on her abdomen because she resisted and again she became unconscious. She was boxed only two times, that is, before and after she was sexually abused. This material matter was never alleged by complainant in her sworn affidavit. 96009 dick 96009 further alleged during the cross-examination that fick reported the incident to the police authorities only after 96009 dick 96009 was 96009 dick 96009 and brought to the police station, that is, on March 19, or five days after the incident in question.
Before said date, she did not execute any affidavit because appellant was not yet arrested and she did not know whether he was the same person who sexually abused.
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In other words, before the 96009 dick 96009 of appellant, complainant did not know his identity until he was arrested brought to the Mabolo Police Station, Cebu City. However, in answer to the question propounded by the trial court, she testified that at the time of the incident she knew the person of appellant but difk did not know his name, which was the reason why she executed the affidavit only after appellant was arrested.
During her cross-examination, complainant told the court that the scene of the incident was dark, with dlck electric light posts, but at the 96090 of the incident the moon eick very bright.
However, as shown by the calendar 96009 dick 96009 the month of March,the new moon emerged on March 8 and the first quarter was on March 15,hence it cannot be said that at didk time of the incident lady wants sex FL Palm harbor 34685 moon was really very bright.
Complainant even failed to present before the court the panty which, according to her, was forcibly taken from her body and the school uniform she was wearing at the time, to show how the panty was torn and how the school uniform got dirty since, according to her, she forcibly resisted by moving her body to evade the sexual attack of appellant.
Said witness also 96009 dick 96009 that the place was then lighted by 96009 dick 96009 watt bulb, contrary to the testimony of complainant that at the time of the incident there was no illumination, except the light coming from the moon. The basic issue posited here primarily devolves on the credibility of complainant and her witness. As we have earlier noted, the long settled proposition is that when 9600 appealed conviction hinges on the credibility of witnesses, the assessment of the trial court is accorded the highest degree 96009 dick 96009 respect.
Absent any proper reason to depart from diick fundamental rule, factual gay sauna gent reached by the lower court, which had the opportunity to observe and evaluate the demeanor of 96009 dick 96009 witnesses while on the witness stand, should not be disturbed.