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Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. Nos. 143468-71 January 24, 2003
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
FREDDIE LIZADA @ FREDIE LIZADA, accused-appellant.
CALLEJO, SR., J.:
This is an automatic review of the Decision
1
of the Regional Trial Court of Manila, Branch 54,
finding accused-appellant Freddie Lizada guilty beyond reasonable doubt of four (4) counts of
qualified rape and meting on him the death penalty for each count.
I. The Charges
Accused-appellant
2
was charged with four (4) counts of qualified rape under four separate
Informations. The accusatory portion of each of the four Informations reads:
"That sometime in August 1998 in the City of Manila, Philippines, the said accused,
with lewd designs, did then and there willfully, unlawfully and feloniously, by means
of force, violence and intimidation upon the person of one ANALIA ORILLOSA y AGOO,
by then and there embracing her, kissing and touching her private parts, thereafter
removing her skirt and panty, placing himself on top of her and trying to insert his
penis into her vagina and succeeded in having carnal knowledge with the said ANALIA
ORILLOSA y AGOO, against her will and consent.
Contrary to law.
xxx xxx xxx
That on or about November 5, 1998, in the City of Manila, Philippines, the said
accused, with lewd designs, did then and there willfully, unlawfully and feloniously, by
means of force, violence and intimidation upon the person of one ANALIA ORILLOSA Y
AGOO, by then and there embracing her, kissing and touching her private parts,
thereafter removing her skirt and panty, placing himself on top of her and trying to
insert his penis into her vagina and succeeded in having carnal knowledge with the
said ANALIA ORILLOSA Y AGOO, against her will and consent.
Contrary to law.
xxx xxx xxx
That on or about October 22, 1998, in the City of Manila, Philippines, the said
accused, with lewd designs, did then and there willfully, unlawfully and feloniously, by
means of force, violence and intimidation upon the person of one ANALIA ORILLOSA Y
AGOO, by then and there embracing her, kissing and touching her private parts,
thereafter removing her skirt and panty, placing himself on top of her and trying to
insert his penis into her vagina and succeeded in having carnal knowledge with the
said ANALIA ORILLOSA Y AGOO, against her will and consent.
Contrary to law.
xxx xxx xxx
That on or about September 15, 1998, in the City of Manila, Philippines, the said
accused, with lewd designs, did then and there willfully, unlawfully and feloniously, by
means of force, violence and intimidation upon the person of one ANALIA ORILLOSA Y
AGOO, by then and there embracing her, kissing and touching her private parts,
thereafter removing her skirt and panty, placing himself on top of her and trying to
insert his penis into her vagina and succeeded in having carnal knowledge with the
said ANALIA ORILLOSA Y AGOO, against her will and consent.
Contrary to law."
3
The four (4) Informations were docketed as Criminal Cases Nos. 99-171390, 99-171391, 99-
171392 and 99-171393, respectively.
Accused-appellant was arraigned on April 15, 1999, assisted by counsel de parte and entered a
plea of not guilty to each of the charges.
4
A joint trial then ensued.
II. Evidence of the Prosecution
5
Ricardo Orillosa and his wife, Rose Orillosa, natives of San Isidro, Bohol, had three (3) children,
namely: Analia, who was born on December 18, 1985;
6
Jepsy, who was 11 years old, and Rossel,
who was nine years old. However, the couple decided to part ways and live separately. Rose
left Bohol and settled in Manila with her young children. She worked as a waitress to make both
ends meet.
In 1994, Rose met accused-appellant. They decided to live together as husband and wife at No.
1252 Jose Abad Santos Street, Moriones, Tondo, Manila. In 1996, Rose resigned from her job as
a waitress. She secured a loan, bought a truck and used it for her business.
In the meantime, Rose secured a loan anew and used the proceeds thereof to put up a video
shop in her house. She sold Avon products from house to house to augment her income.
Whenever she was out of their house, Rossel and Analia took turns in tending the video shop
and attending to customers.

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Sometime in 1996, Analia was in her room when accused-appellant entered. He laid on top of
her, removed her T-shirt and underwear. He then inserted his finger in her vagina. He removed
his finger and inserted his penis in her vagina. Momentarily, she felt a sticky substance coming
out from his penis. She also felt pain in her sex organ. Satiated, accused-appellant dismounted
but threatened to kill her if she divulged to anyone what he did to her. Accused-appellant then
returned to his room. The incident lasted less than one hour. Petrified by the threats on her life,
Analia kept to herself what happened to her.
7
Sometime in August 1997, accused-appellant entered again the room of Analia, placed himself
on top of her and held her legs and arms. He then inserted his finger into her sex organ
("fininger niya ako"). Satiated, accused-appellant left the room. During the period from 1996 to
1998, accused-appellant sexually abused private complainant two times a week.
On November 5, 1998, at about 3:00 p.m., Analia was in the sala of their house studying her
assignments. Accused-appellant was also in the sala. Rossel tended the video shop while his
mother was away. Analia went into her room and lay down in bed. She did not lock the door of
the room because her brother might enter any time. She wanted to sleep but found it difficult
to do so. Accused-appellant went to his room next to the room of Analia. He, however, entered
the room of Analia. He was wearing a pair of short pants and was naked from waist up. Analia
did not mind accused-appellant entering her room because she knew that her brother, Rossel
was around. However, accused-appellant sat on the side of her bed, placed himself on top of
her, held her hands and legs and fondled her breasts. She struggled to extricate herself.
Accused-appellant removed her panty and touched her sex organ. Accused-appellant inserted
his finger into her vagina, extricated it and then inserted his penis into her vagina. Accused-
appellant ejaculated. Analia felt pain in her sex organ. Momentarily, Rossel passed by the room
of Analia after drinking water from the refrigerator, and peeped through the door. He saw
accused-appellant on top of Analia. Accused-appellant saw Rossel and dismounted. Accused-
appellant berated Rossel and ordered him to go to his room and sleep. Rossel did. Accused-
appellant then left the room. Analia likewise left the room, went out of the house and stayed
outside for one hour. Rose arrived home at 6:00 p.m. However, Analia did not divulge to her
mother what accused-appellant had just done to her.
On November 9, 1998, at about 3:00 p.m., Rose left the house. Accused-appellant was in the
sala of the house watching television. Analia tended the video shop. However, accused-
appellant told Analia to go to the sala. She refused, as nobody would tend the video shop. This
infuriated accused-appellant who threatened to slap and kick her.
Analia ignored the invectives and threats of accused-appellant and stayed in the video shop.
When Rose returned, a heated argument ensued between accused-appellant and Analia. Rose
sided with her paramour and hit Analia. This prompted Analia to shout. "Ayoko na, ayoko na."
Shortly thereafter, Rose and Analia left the house on board the motorcycle driven by her
mother in going to Don Bosco Street, Moriones, Tondo, Manila, to retrieve some tapes which
had not yet been returned. When Rose inquired from her daughter what she meant by her
statement, "ayoko na, ayoko na," she told her mother that accused-appellant had been
touching the sensitive parts of her body and that he had been on top of her. Rose was shocked
and incensed. The two proceeded to Kagawad Danilo Santos to have accused-appellant placed
under arrest. On November 10, 1998, the two proceeded to the Western Police District where
Analia gave her Affidavit-Complaint to PO1 Carmelita Nocum in the presence of SPO2 Fe H.
Avindante. She related to the police investigator that accused-appellant had touched her
breasts and arms in August, 1998, September 15, 1998, October 22, 1998 and on November 5,
1998, at 3:00 p.m. Analia then submitted herself to genitalia examination by Dr. Armie Umil, a
medico-legal officer of the NBI. The medico-legal officer interviewed Analia, told him that she
was raped in May, 1997 at 3:00 p.m. and November 5, 1998 at 3:00 p.m.
8
Dr. Umil prepared and signed a report on "Living Case No. MO-98-1265" which contained her
findings during her examination on Analia, thus:
"xxx xxx xxx
Fairly nourished, conscious, coherent, cooperative, ambulatory subject. Breasts,
developed, hemispherical, firm. , brown, 3.0 cms. in diameter. Nipples brown,
protruding, 0.7 cms. in diameter.
No extragenital physical injuries noted.
GENITAL EXAMINATION:
Pubic hair, fully grown, moderate. Labia majora and minora, coaptated. Fourchette,
tense. Vetibular mucosa, pinkish. Hymen, tall, thick, intact. Hymenal orifice measures,
1.5 cms. in diameter. Vaginal walls, tight. Rugosities, prominent.
CONCLUSIONS:
1). No evident sign of extragenital physical injuries noted on the body of the subject
at the time of examination.
2). Hymen, intact and its orifice small (1.5 cms. in diameter) as to preclude complete
penetration by an average-sized adult Filipino male organ in full erection without
producing any genital injury."
9
Subsequently, Analia told her mother that "mabuti na lang iyong panghihipo lang ang
sinabi ko." When Rose inquired from her daughter what she meant by her statement,
Analia revealed to her mother that accused-appellant had sexually abused her. On
December 15, 1998, Analia executed a "Dagdag na Salaysay ng Paghahabla" and
charged accused-appellant with rape.
10
III. The Defenses and Evidence of Accused-Appellant
Accused-appellant testified in his defense. He declared that after a month of courtship, he and
Rose agreed in 1994 to live together as husband and wife. He was then a utility worker with the
Navotas Branch of the Philippine Banking Corporation. Rose, on the other hand, was a waitress
at the Golden Bird beer house at Rizal Avenue, Manila.

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Republic of the Philippines SUPREME COURT Manila EN BANC G.R. Nos. 143468-71            January 24, 2003 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,  vs. FREDDIE LIZADA @ FREDIE LIZADA, accused-appellant. CALLEJO, SR., J.: This is an automatic review of the Decision1 of the Regional Trial Court of Manila, Branch 54, finding accused-appellant Freddie Lizada guilty beyond reasonable doubt of four (4) counts of qualified rape and meting on him the death penalty for each count. I. The Charges Accused-appellant2 was charged with four (4) counts of qualified rape under four separate Informations. The accusatory portion of each of the four Informations reads: "That sometime in August 1998 in the City of Manila, Philippines, the said accused, with lewd designs, did then and there willfully, unlawfully and feloniously, by means of force, violence and intimidation upon the person of one ANALIA ORILLOSA y AGOO, by then and there embracing her, kissing and touching her private parts, thereafter removing her skirt and panty, placing himself on top of her and trying to insert his penis into her vagina and succeeded in having carnal knowledge with the said ANALIA ORILLOSA y AGOO, against her will and consent. Contrary to law. xxx           xxx           xxx That on or about November 5, 1998, in the City of Manila, Philippines, the said accused, with lewd designs, did then and there willfully, unlawfully and feloniously, by means of force, violence and intim ...
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