79.) People vs Fontanillas.docx - People vs Fontanillas GR...

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People vs Fontanillas, GR No. 184177, December 15, 2010 FACTS: On December 8, 2001, while AAA was sleeping in their house with her brother, she was awakened by the arrival of their father, Andres Fontillas, whom she heard coughing. She stood up and helped appellant enter their house because he was drunk. After a while, she was roused by appellant who was then taking off her short pants. She cried but he warned her not to make any noise. After removing his own pants, appellant pressed down both her hands and feet and covered her mouth with his hands. She kept quiet because she was afraid of him. Then he performed the unlawful act. When accused left, she went to report the incident to her Aunt [CCC] who lived nearby. Her Aunt[CCC], then, did not allow her to go back to their house. DDD (AAA’s uncle) brought her to the police station where she executed a sworn statement. After the investigation, complainant was brought to the Home for Girls where she still presently resides. The accused admitted that he had a drinking spree with friends on that night and that he got
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