morning. Later still, while they were on their way to fetch water, AAA and BBB asked
the people around where they can find the municipal building. An old woman pointed to
them the place.
In the evening of December 21, 1993, AAA and BBB went straight to the municipal hall
where they met a policeman by the name of "Sabas".
They told Sabas the sexual advances made to them by Norberto. Norberto was
summoned to the police station where he personally confronted his accusers. When
Norberto's wife, Belinda, arrived at the police station, an argument ensued between
them.
On December 22, 1993, at around 2:20 o'clock in the morning, the police investigator
ordered the complainants to return at 6:00 o'clock in the morning. Norberto and
Belinda were still able to bring AAA and BBB home with them and worked for them until
December 30, 1994, after which they were sent back to Lingayen, Pangasinan.
On January 10, 1994, AAA and BBB went back to La Union and executed their
respective sworn statements against Norberto.
Version of the Defense
The petitioner denied the criminal acts imputed to him. His version was presented in
the assailed decision of the CA,7 as follows:
ChanRoblesVi rtualawl ib rary
In a bid to exculpate himself, accused-appellant presents a totally different version of
the story. The accused maintains that it was not possible for him to commit the crimes
hurled against him. On the date of the alleged incident, there were many people around
who were preparing for the "simbang gabi". Considering the location of the tents, which
were near the road and the municipal hall, he could not possibly do the dastardly acts
out in the open, not to mention the fact that once AAA and BBB would scream, the
policemen in the municipal hall could hear them. He believes that the reason why the
complainants filed these cases against him was solely for the purpose of extorting
money from him.
Judgment of the RTC
After the joint trial of the two criminal cases, the RTC rendered its judgment on April 6,
2000 finding the petitioner guilty beyond reasonable doubt of attempted rape in
Criminal Case No. 2388 and acts of lasciviousness in Criminal Case No. 2389,8 to wit:
ChanRoblesVirt ualawli bra ry
WHEREFORE, in the light of the foregoing, the Court hereby renders judgment declaring
the accused NORBERTO CRUZ Y BARTOLOME guilty beyond reasonable doubt of the
crimes of ATTEMPTED RAPE and ACTS OF LASCIVIOUSNESS as defined and penalized in
Article 335 in relation with (sic) Article 6, par. 3 and Article 336 of the Revised Penal
Code respectively.
With respect to the crime of ATTEMPTED RAPE, the Court hereby sentences the accused
to suffer an indeterminate penalty of imprisonment from FOUR (4) YEARS and TWO (2)
MONTHS PRISION CORRECCIONAL as Minimum to TEN (10) YEARS PRISION MAYOR as