Decision 3 G.R. No. 235662 t to abuse, arouse and gratify his sexual desire, did then and there willfully, unlawfully and feloniously commit lascivious conduct upon said BBB, a fourteen (14) year old minor, by touching her private parts, kissing her lips and breast and trying to insert his penis into her vagina, which acts debase, humiliate, degrade and demean the intrinsic worth and dignity of said BBB. Contrary to law. 4 The three (3) cases were consolidated before the Regional Trial Court, Branch 13, Lipa City. On arraignment, appellant pleaded not guilty to all three (3) charges. 5 The cases were, thereafter, jointly tried. The Prosecution's Evidence Complainants AAA and BBB are appellant's daughters with MMM. AAA was born on August 12,. 1993,6 and BBB, on February 7, 1996. 7 Appellant was a tricycle driver while their mother, MMM, was an Overseas Filipino Worker. 8 AAA testified that on March 14, 2009, she was alone with appellant in their home. He brought her to a room, laid her down on the bed, and undressed her. Appellant took off his shorts and inserted his penis into her vagina. She felt pain and blood came out of her vagina and she could not do anything. After sexually ravishing her, appellant told her to put on her dress while he also put on his shorts. Appellant also promised to give her money. 9 AAA further recounted that appellant sexually abused her many times more but she could not remember the dates. In some instances, her younger sister BBB was even in the room. She kept her silence for three (3) years because her mother MMM did not believe her. Eventually, she left their house and told her aunt what appellant had done to her. Her aunt rescued her. 10 While intensely crying, BBB testified that sometime in 2009, she and appellant were left alone in their house. Appellant asked her if she wanted money then suddenly pulled down her shorts and panty and raised her t-shirt, exposing her breasts. She resisted but appellant did not stop touching and kissing her private parts. He then took off his t-shirt, shorts, and brief. As he was about to insert his penis into her vagina, CCC, her younger brother arrived. Appellant hurriedly dressed and told her to do the same. 11 4 Id. 5 Id. at 48. RTC Record (Folder 1), p. 10. 7 RTC Record (Folder 2), p. 132. 8 CA rollo, p. 48. 9 Id. at 49. 10 Id. 11 Id. 6 t

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