FIRST DIVISION
February 5, 2018
G.R. No. 204061
EDMISAEL C. LUTAP, Petitioner
vs.
PEOPLE OF THE PHILIPPINES, Respondent
DECISION
TIJAM, J.:
Through this petition for review on certiorari1 under Rule 45, petitioner Edmisael C. Lutap seeks the
reversal of the Decision2 dated July 10, 2012 and Resolution3 dated October 25, 2012 of the Court of
Appeals (CA)4 in CA-G.R. CR No. 33630 finding petitioner guilty of attempted rape. The assailed CA
Decision modified the Decision dated August 23, 2010 of the Regional Trial Court (RTC)5 of Quezon
City, Branch 94 which, in turn, found petitioner guilty of rape by sexual assault as charged.
The Antecedents
Petitioner was charged in an Information the accusatory portion of which reads:
That on or about the 27th day of April 2004 in Quezon City, Philippines, the said accused by means
of force, threats and intimidation, did then and there willfully, unlawfully and feloniously commit acts
of sexual assault upon the person of [AAA],6 6 year[s] of age, a minor, by then and [there] inserting
his finger into complainant's genital organ against her will and without her consent, to the damage
and prejudice of said offended party.
CONTRARY TO LAW.7
Upon petitioner's plea of not guilty, pre-trial and trial on the merits ensued.8
The prosecution presented as witnesses private complainant AAA, her younger brother BBB, her
mother DDD and P/SUPT. Ruby Grace Sabino-Diangson. The evidence for the prosecution tends to
establish the following facts:
At the time of the incident, AAA was only six (6) years old having been born on. September 11,
1997.9 Petitioner, who was also known as "Egay", frequently visits the house of AAA’s family, being
the best friend of AAA's father. Around 6:30 o'clock in the evening of April 27, 2004, AAA and her
younger siblings, BBB and CCC, were watching television in their sala, together with petitioner.