Farmer to spend life in jail for raping son’s pregnant partner
posted 16-May-2019  ·  
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A San Andres farmer accused of raping his son’s pregnant live-in partner in 2017 has been meted life imprisonment without eligibility to parole by the Regional Trial Court last week.

In finding him guilty, RTC Branch 43 Presiding Judge Lelu P. Contreras also ordered Gavino Superal Jr. to pay the victim a total of P180,000 in civil indemnity, moral and exemplary damages.

Information filed before the Court stated that on Jan. 9, 2017 at around 9 A.M., while Teresa (not her real name) was lying on the bamboo floor inside the house of the parents of her live-in partner and attending to the baby of her partner’s sibling, Gavino entered the house and told her in a soft voice, “Magamit ako Bhe.”

She did not respond but just got up and sat down. When she did not answer, Gavino got angry and told her, “Gusto mo badilon ta ka?”

He then went out and returned carrying a firearm which he poked at Teresa. He held her left arm and forcibly laid her on the floor, ignoring her plea for him not to do it.

She later told investigators that she could to anything as she was afraid of the gun and that she had no strength due to her pregnancy. The house, just 4 by 3.5 meters, was also 100 meters away from the nearest house in barangay Catagbacan.

Her partner, Ramon (not his real name), was then attending classes at Cabcab National High School. He was just 16 and she was 19 when they started living together.

When Ramon came home for lunch, she did not tell him what happened. On Jan. 12, she managed to leave the house, going to her parents in Bagong Sirang.

But Gavino and his wife came the next morning and wanted her to come with them for a check-up. She refused. Ramon also came the next day and she told him what happened but instead he punched her on the jaw, prompting her sister to intervene.

It was then that she revealed to her sibling her ordeal at the hands of Superal, who she claimed had been sexually abusing her in 2015 every time Ramon was in school and when there were no other persons in the house.

After she gave birth on Jan. 22, 2017, they reported the matter to the police nine days later.

In his defense, Gavino, his wife, and daughter all denied the incident occurred, insisting that there were six persons with Teresa inside the house at the time of the alleged rape.

Gavino also denied owning a gun, but it was later learned in Court that a search warrant had been issued against him for illegal possession of firearms although nothing came of it as the subject was nowhere to be found at the time.

In resolving the case, the Court said it was not convinced by the defense witnesses’ statements and that Gavino’s mere denial could not overcome the positive testimony of the victim.

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