Q: Where is the farm located, what barangay? A: In Zone 7, Sto. Nino 3rd sir. Q: Are you referring to Sto. Nino 3rd San Jose City? A: Yes sir. Q: Madam Witness what are you wearing in your upper body? A: I was wearing my upper clothes with sleeves sir. Q: What happened to your clothes with sleeves after Rolando Bagsic take your shorts and panty off from you? A: He lifted it up sir. Q: So what happened Madam Witness when Rolando Bagsic removed your shorts and panty and lifted your upper garments? A: He also took off his short and underwear sir. Q: So what happened when Rolando Bagsic take his short pants and brief off? A: He was forcibly inserting his penis in my private part sir. (Pinipilit po niyang ilusot yung ari niya sa ari ko) Fiscal Escudero: May I please request your honor that the vernacular term as answered by the witness be put on record? Court: Put that on record. Fiscal Escudero: Was he successful in inserting his private part to your vagina Madam Witness? A: Only partial sir. (The vernacular term used by the witness is "konti lang po") Q: How would you explain that "konti lang po" or only partial Madam Witness? A: Only the head of his penis sir.[33] To reiterate, the Medico-Legal Report lends credence to BBB's testimony. When the testimony of a rape victim is consistent with the medical findings, there is sufficient basis to conclude that there has been carnal knowledge.[34] Further, at the time of the incident, it was sufficiently proven that BBB was under 12 years of age as indicated in her Certificate of Live Birth.[35] Accused-appellant is guilty of rape by sexual assault. The following are the elements of rape by sexual assault:

Select target paragraph3