Meanwhile, their mother DDD was cooking dinner in the kitchen separated only by a concrete wall
from the sala.10
AAA was then wearing short pants11 and was sitting on the floor with her legs spread apart while
watching television and playing with "text cards." BBB, on the other hand, was seated on a chair
beside CCC, some five steps away from AAA. Petitioner was seated on the sofa which was one foot
away from AAA.12
Petitioner then touched AAA's vagina.13 AAA reacted by swaying off his hand.14
BBB saw petitioner using his middle finger in touching AAA's vagina.15 Upon seeing this, BBB
said "Kuya Egay, bad iyan, wag mong kinikiliti ang pepe ni Ate."16 BBB then went to where DDD was
cooking and told her that petitioner is bad because he is tickling AAA's vagina.17 DDD then called
AAA, brought her inside the room and asked her if it were true that petitioner tickled her vagina. AAA
answered, "but I swayed his hand, Mama." DDD again asked AAA how many times have petitioner
tickled her vagina and AAA answered, "many times in [petitioner's] house" and that he also "let her
go on the bed, remove her panty, open her legs and lick her vagina."18
As such, DDD confronted petitioner and asked why he did that to AAA. Petitioner said that it was
because AAA's panty was wet and that he was sorry.19
The next day, or on April 28, 2004, DDD brought AAA to Camp Crame for medical examination but
because the doctor was not available, AAA was examined only on April 30, 2004.20
In defense, petitioner denied the accusations against him. Petitioner testified that he merely pacified
AAA and BBB who were quarreling over the text cards. When petitioner separated the children, BBB
then said, "bad yan, bad."21 After which, DDD talked to her two children in the kitchen and when she
came out, she asked petitioner if he touched AAA. Petitioner denied having touched AAA and
suggested that AAA be examined.22
The testimony of Melba Garcia, a Purok Leader, was also presented to the effect that she personally
knows petitioner and that the latter enjoys a good reputation. DDD, on the other hand, was the
subject of several complaints from the neighbors.23
The RTC found petitioner guilty as charged. The RTC gave full credit to AAA's and BBB's candid
testimonies that petitioner inserted his finger in the vagina of AAA.24 The RTC emphasized that BBB
graphically demonstrated the act committed by petitioner by moving his middle finger constantly. To
prove its point, the RTC cited the following excerpt from BBB's testimony:
COURT: I want to clarify. What was the finger doing?
WITNESS: Pinaano po sa ano ni Ate.
COURT: Ideretso muna. Pinaano ang ano.
WITNESS: Inilulusot po niya.
COURT: Sa ano?
WITNESS: Dito po.