That on or about April 18, 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 and feloniously has inserted his finger into the vagina
(sexual assault) of the offended party, (BBB), a minor, who is eight (8) years of
age, to her damage and prejudice.
CONTRARY TO LAW.[4]
In Criminal Case No. 1516-09-SJC, the information states:
That sometime in 2007, 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 and feloniously has sexual intercourse or carnal knowledge with
the offended party, (BBB), a minor, who is eight (8) years of age, to her damage
and prejudice.
CONTRARY TO LAW.[5]
Accused-appellant pleaded not guilty to the crimes charged.
Version of the Prosecution
The prosecution presented AAA, BBB, and their mother CCC as witnesses. Their
combined testimony tended to establish the following:
AAA and BBB were born on 2 August 1996 and 18 June 2000, respectively. They
called accused-appellant "Lolo" as he was the common-law husband of their
maternal grandmother.[6]
Sometime in 2007, while BBB was playing with her sisters, accused-appellant called
her and brought her to a hut in a field located at Zone 7, Sto. Nino 3rd, San Jose
City, Nueva Ecija. Inside the hut, accused-appellant told BBB to lie down, lifted her
shirt, and removed her shorts and underwear. Accused-appellant then removed his
lower garments and had carnal knowledge of BBB, but he was unable to make a full
penetration.[7]
BBB cried and pushed accused-appellant away. She did not shout for help for fear
that accused-appellant would hurt her. Whenever someone came by the field,
accused-appellant desisted from assaulting her.[8]
For several times, thereafter, whenever accused-appellant urinated, he made BBB
watch him and hold his penis.[9]