THE second conviction of a marital rape case has been recorded in Davao City after a man was meted with life imprisonment for raping his wife.
In an order penned on July 15, Regional Trial Court (RTC) branch 12 Judge Pelagio Paguican sentenced Jose (real name withheld) to life imprisonment for raping his wife in 2004.
The court ordered the convict to pay his wife the sum of P75,000 as civil indemnity and P50,000 as moral damages.
Aside from the rape charge, Jose was also found guilty of two counts of violation of sections 5 (i) and 5 (a) of the Anti-Violence Against Women and their Children Act of 2004. The court ordered Jose to pay the complainant the amount of P20,000 as moral damages.
Court records showed that the couple was married on April 14, 2004.
Jose's wife claimed that at around 10 p.m. of December 21, 2004, she was about to sleep inside their room when her husband arrived. She saw him looking for something under their bed that disturbed her sleep.
She told her husband to stop but the latter kicked her thigh causing her to fall off the bed.
He pulled her hair, slapped her, hit her on different parts of the body, and twisted her hand. She fought back and scratched him on chest prompting him to stop.
She cried hard and shouted for help. He again mauled her by pulling her hair, and dragged her to bed. Jose scattered all her clothes on the floor.
While she was sitting and crying on the bed, her husband forced her to lay on bed.
She resisted but she was weak. Her husband then removed her clothes, positioned on top and forced her to have sex with him.
She then reported the incident to the Sta. Ana police station where she was advised to undergo a medical check-up.
She proceeded to the then Davao Medical Center and also referred to Women and Children's Protection Unit thus, the filing of case.
On December 24, 2004, she was examined by Dr. Conrado Pantaleon and Dr. Regina de la Paz.
She said Jose still forced her to have sex with him even during her menstrual days and when she is sick.
Meanwhile, Jose denied all the accusations against him. He claimed there were instances when his wife left him after arguing over an electric bill.
He said she even went to Cebu in the second week of August in 2004 and returned first week of October of the same year.
He said his wife left him again in November 2004.
He said he did not physically hurt his wife but photo evidence showed her wife with bruises and contusions after she was mauled on December 21, 2004.
Results of a medical certificate showed there was a positive sign of "complete transaction of the hymen".
The court finds the accused guilty beyond reasonable doubt on crimes of rape, and two counts of violation of RA 9262.
The conviction is the second in Davao City, said lawyer Josephine de Vera, counsel of the complainant. The first case of marital rape conviction was before the sala of RTC Branch 17 presiding Judge Renato Fuentes.
