SECOND DIVISION [ G.R. No. 229861, July 02, 2018 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCISCO EJERCITO, ACCUSED-APPELLANT. DECISION PERLAS-BERNABE, J.: Assailed in this ordinary appeal[1] is the Decision[2] dated October 28, 2016 of the Court of Appeals (CA) in CA-G.R. CEB CR. HC. No. 01656, which affirmed the Decision[3] dated April 8, 2013 of the Regional Trial Court of xxxxxxxxxxx,[4] Branch 60 (RTC) in Crim. Case No. CEB-BRL-1300 finding accused-appellant Francisco Ejercito (Ejercito) guilty beyond reasonable doubt of the crime of Rape defined and penalized under Article 266-A, in relation to Article 266-B, of the Revised Penal Code (RPC), as amended by Republic Act No. (RA) 8353,[5] otherwise known as "The Anti-Rape Law of 1997." The Facts This case stemmed from an Information[6] filed before the RTC charging Ejercito of the aforesaid crime, the accusatory portion of which reads: That on or about the 10th day of October, 2001 at past 7:00 o'clock in the evening, at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with [AAA], a minor, who is only fifteen (15) years old at the time of the commission of the offense against her will and consent and which act demeans the intrinsic worth and dignity of said minor as a human being. CONTRARY TO LAW.[7] The prosecution alleged that at around six (6) o'clock in the evening of October 10, 2001, AAA, then a fifteen (15) year old high school student, was cleaning the chicken cage at the back of their house located in xxxxxxxxxxxxxxxxx when suddenly, she saw Ejercito pointing a gun at her saying, "Ato ato lang ni. Sabta lang ko. Ayaw gyud saba para dili madamay imo pamilya." AAA pleaded, "Tang,

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