Bato man convicted of raping partner’s daughter
Bato, Catanduanes  ·  
posted 29-Oct-2019  ·  
748 views  ·   0 comments  ·  

A resident of Bato town has been found guilty of sexually abusing his stepdaughter when she was just of minor age while her mother was working as a house helper in Bulacan in 2015.

The Regional Trial Court convicted Sandy Balanban Timajo of the crime of two counts of rape and one count of violation of Section 5 of Republic Act 7610, otherwise known as the Women and Children’s Protection Act.

For the two rape charges, RTC Branch 43 Presiding Judge Lelu P. Contreras ordered him to suffer the penalty of reclusion perpetua on the two counts without eligibility for parole and to pay the victim the total sum of P300,000 as civil indemnity, moral damages and exemplary damages.

For the child abuse rap, Timajo was sentenced to suffer imprisonment ranging from 10 years, two months and 21 days as minimum to 17 years, four months and one day as maximum, and to pay the victim P150,000 in additional damages.

The case was archived when the accused remained at large after the caes were filed but were revived when Timajo was arrested in barangay Casile, Biñan City, Laguna, on Nov. 12, 2018.

In the decision rendered Oct. 9, 2019, the Court said it was not convinced of Timajo’s claim that the reason why he was accused of committing sexual abuses against the victim, AAA, was because he slapped her tice on separate occasions: when she threw a stone at her sister and when he caught her having a drinking session with her friends.

It added that AAA’s statement was very credible, supported by her aunt’s testimony about her rescue and subsequent trip to her mother via ferry and bus for which the aunt provided money.

“Sandy’s denial could not prevail over AAA’s positive testimony,” Judge Contreras said, adding that the sexual abuses were done with intimidation and that while Timajo was not technically her stepfather, she grew up with him calling him “Tatay.”

In her testimony, AAA averred that she was been sexually abused many times, almost every night, by her “Tatay” while her mother was working in Malolos, Bulacan, with the first incident in February 2015.

The last occurred on Aug. 15, 2015 inside their house in Talisay while she was sleeping beside her four siblings, the two youngest of whom was Timajo’s children with her mother.

Sometime during the night, the accused came beside her, transferred her two siblings to the side and lay down beside her. Holding both her hands up, he lowered her shorts and panty and proceeded to rape her.

She told the Court she did not do anything as she was afraid, the accused having threatened to kill her before.

AAA testified that she could not tell her mother of the incidents because her “Tatay” always accompanied her and then destroyed her cellphone while she was trying to call her mother.

Her aunt learned of the incidents when AAA asked her what would happen if a woman had delayed menstruation. When she answered the girl, the latter cried and uttered, “si Tatay.”

The aunt, whose husband is Sandy’s brother, borrowed money and then accompanied her to Virac port when she gave her a bus ticket and pocket money for her trip to Manila, as well as a cellular phone so the girl could call her mother once arrived.

After learning of her daughter’s ordeal, her mother decided to go back to Catanduanes where they proceeded to the police station to file the complaint.

In his defense, Timajo alleged that he had slept after arriving late in the evening from his work making copra on Aug. 12, 2015. He also claimed that in February 2015 he was hospitalized for two weeks.

Issued a subpoena, the records officer of the Bato Maternity and Children’s Hospital affirmed that there was no record of his alleged hospitalization in February 2015.

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