CONTRARY TO LAW.3 Criminal Case No. 2389 Acts of Lasciviousness That on or about the 21st day of December 1993, at about 3:00 o'clock in the morning, along the Bangar-Luna Road, Barangay Central West No. 2, Municipality of Bangar, Province of La Union, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, did then and there willfully, unlawfully and feloniously touch the vagina of [BBB]4 against the latter's will and with no other purpose but to satisfy his lascivious desire to the damage and prejudice of said offended party. CONTRARY TO LAW.5 Version of the Prosecution The CA summarized the version of the Prosecution as follows:6 xxx [Petitioner] Norberto Bartolome and [his wife] Belinda Cruz were engaged in the selling of plastic wares and glass wares in different municipalities around the country. On December 20, 1993, Norberto and Belinda employed AAA and BBB to help them in selling their wares in Bangar, La Union which was then celebrating its fiesta. From Libsong East, Lingayen, Pangasinan to Bangar, La Union, AAA and BBB boarded a passenger jeepney owned by Norberto. The young girls were accompanied by Norberto, Belinda, Ruben Rodriguez (driver) and a sales boy by the name of "Jess". Upon reaching Bangar, La Union, at around 8:00 in the evening of December 20, 1993, they parked in front of Maroon enterprises. They brought out all the goods and wares for display. Two tents were fixed in order that they will have a place to sleep. Belinda and the driver proceeded to Manila in order to get more goods to be sold. On December 21, 1993, at around 1:00 o'clock in the morning, AAA and BBB went to sleep. Less than an hour later, AAA was awakened when she felt that somebody was on top of her. Norberto was mashing her breast and touching her private part. AAA realized that she was divested of her clothing and that she was totally naked. Norberto ordered her not to scream or she'll be killed. AAA tried to push Norberto away and pleaded to have pity on her but her pleas fell on deaf ears. She fought back and kicked Norberto twice. Norberto was not able to pursue his lustful desires. Norberto offered her money and told her not to tell the incident to her mother otherwise, she will be killed. AAA went out of the tent to seek help from Jess (the house boy) but she failed to wake him up. Thirty minutes later, when AAA returned to their tent, she saw Norberto touching the private parts of BBB. AAA saw her companion awake but her hands were shaking. When she finally entered the tent, Norberto left and went outside. Later that day, AAA and BBB narrated to Jess the incident that took place that early