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EN BANC.
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tion against him. He claims that ABCs frequent spats with his
brother motivated her to file the rape cases against him. It is
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on Violence
enactments
protect the
of RA 7610
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sions in such cases from the Web Page, the OSG proposes
that the Court instead replace the material information,
such as the name of the childvictim, in its decisions.
The DSWD imparted the same sentiment. It submits
that the court records of child abuse cases should be
treated with strict confidentiality not only throughout the
court proceedings, but even after the promulgation of the
decision in order to protect the right to privacy of the child
and her family and to preclude instances where undue
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Sec. 40, Rule on Violence Against Women and their Children Sec. 63,
Rule XI, Rules and Regulations Implementing Republic Act No. 9262,
Otherwise Known as the AntiViolence Against Women and their
Children Act of 2004.
9
CA Rollo, p. 25.
10
The real name of the victims mother is withheld to protect her and
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Supra note 9.
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428
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20
Id., at p. 10.
21
430
drink water, she was called by her father, told to close the
door and windows and to turn off the lights. She obeyed but
did not turn off the lights. Her father then placed
himself
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on top of her and told her to masturbate him.
AAA further testified that she was23not enrolled in school
because her mother had been abroad.
It should be mentioned that in her Sinumpaang
Salaysay dated November 14, 1998, AAA stated that her
father had raped her seven (7) times since her mother left
for abroad. She said that she distinctly remembered having
been raped by her father on November 8, 1998, her friends
birthday August 16, 1998 during the fiesta and on
November 13, 1998, the day before her statement was
taken. However, she said no
longer remembered the exact
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dates of the other incidents.
Dr. Manalo, who conducted the physical examination of
AAA, testified that AAA had no injury on her genitalia
that her hymen is quite large and distensible possibly
because of penile penetration and that she recovered a
strand of pubic hair inside AAAs vaginal vault which could
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Id., at p. 7.
431
431
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The trial court did not admit the affidavit of the arresting officer.
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432
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The idea that that hair was purposely placed inside [AAA]s
vagina would be absurdity. Thus, when [AAA] pointed to her
father as the person who molested her, this Court can only believe
because no daughter in [AAA]s age would accuse her own father
of any wrongdoing, if it is not for the fact that
he had wronged
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her, and that hair (pubic or not) is accuseds.
433
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and coherent whole.
The fact therefore
that
the
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People v. Magbanua, G.R. No. 133004, May 20, 2004, 428 SCRA 617.
434
434
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_______________
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People v. Ancheta, G.R. No. 143935, June 4, 2004, 431 SCRA 42.
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People v. Boromeo, G.R. No. 150501, June 3, 2004, 430 SCRA 533
People v. Limio, G.R. Nos. 14880406, May 27, 2004, 439 Phil. 440 429
SCRA 597 (2004) People v. Lomerio, 383 Phil. 434 326 SCRA 530 (2000).
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People v. Pruna, 429 SCRA 597 People v. Borja, 335 Phil. 48, 57 267
SCRA 370, 379 (1997) citing People v. dela Cruz, G.R. No. 105720,
December 8, 1995, 251 SCRA 77.
435
435
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People v. Salome, G.R. No. 169077, August 31, 2006, 500 SCRA 659
People v. Quiachon, G.R. No. 170236, August 31, 2006, 500 SCRA 704.
436
436
of
Court
of
Appeals
affirmed
with
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SCRA 604.
437
437
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