THIRD DIVISION
[ G.R. No. 218404, December 13, 2017 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V.
ROLANDO BAGSIC Y VALENZUELA, ACCUSED-APPELLANT.
DECISION
MARTIRES, J.:
This is an appeal from the Decision,[1] dated 30 June 2014, of the Court of Appeals
(CA) in CA-G.R. CR.-H.C. No. 06043 which affirmed with modification the Joint
Decision,[2] dated 30 January 2013, of the Regional Trial Court, Branch 38, San Jose
City (RTC), in Criminal Case Nos. 1515-09-SJC and 1516-09-SJC finding Rolando
Bagsic y Valenzuela (accused-appellant) guilty of rape by sexual assault and of
statutory rape.
The Facts
On 21 July 2009, three Informations were filed before the RTC charging accusedappellant with one (1) count of statutory rape, one (1) count of rape by sexual
assault, and one (1) count of violation of Section 5 (b) of Republic Act No. 7610
(R.A. No. 7610).
In Criminal Case No. 1514-09-SJC, the information states:
That on or about March 15, 2009, in the City of San Jose, Republic of the
Philippines, and within the jurisdiction of this Honorable Court, the said accused, did
then and there wilfully, unlawfully, feloniously and with lewd design, commit
lascivious conduct on the person of (AAA), a 12 year-old minor by mashing the
latter's breast, against her will, which acts debase, degrade and demean the dignity
of the latter and impair her normal growth and development and to her damage
and prejudice.
CONTRARY TO LAW.[3]
In Criminal Case No. 1515-09-SJC, the information states: