Decision G.R. No. 2356'62 2 The Proceedings Before the Trial Court The Charges Appellant XXX was indicted for two (2) counts of rape in Criminal Case Nos. 08-0581-2013 (rape of his daughter AAA) and 08-0631-2013 (rape of his daughter BBB), viz: Criminal Case No. 08-0581-2013 That on or about the 14th day of March, 2009 i n • • • • • - , Lipa City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, through force, threat, or intimidcft:ion, being the father of AAA and who was charged for the crime of Attempted Rape docketed under Criminal Case No. 02-0127-2013, motivated by lust and lewd designs and taking advantage of the vulnerability of said AAA, a fifteen (15) year old minor, without any justifiable cause, did then and there willfully, unlawfully, and feloniously have carnal knowledge with said minor, against her will and consent, which acts debased, degraded or demeaned her intrinsic worth and dignity as a human being. Contrary to law. 2 XXX Criminal Case No. 08-0631-2013 ------- That sometime in 2009 at Lipa City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, the biological father of BBB, without any justifiable cause with intent to abuse, arouse and gratify for sexual desire, through force, threat and intimidation or grave abuse of authority, did then and there willfully, unlawfully and feloniously have carnal knowledge of said BBB, a fourteen (14) years old minor, against her will and consent, which acts, debase, humiliate, degrade and demean the intrinsic worth and dignity of said BBB. The aggravating/qualifying circumstance of minority, the victim being under 18 years of age, and the offender being the biological father of the victim, attended the commission of the offense. Contrary to law. 3 Additionally, in Criminal Case No. 08-0630-2013, appellant was indicted for lascivious conduct on his daughter BBB, viz: Criminal Case No. 08-0630-2013 That sometime in 2009 at , Lipa City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being the father of BBB, without any justifiable cause, with intent 2 3 CA rollo, p. 47. Id. • I