absent any showing why and how such could distinctly be attributable to accusedappellant. The trial court, however, found accused-appellant guilty of statutory rape and of rape by sexual assault. It noted that BBB, even at such a young age, was able to withstand the lengthy cross-examination. The RTC held that the affidavit of desistance was not sufficient to reverse BBB's earlier testimony clearly narrating how accused-appellant had sexually molested her on two occasions. It added that the allegation that the cases were concocted by CCC to force a separation between accused-appellant and her mother should not be given weight because no parent would be so depraved to use her own daughter for such trivial purpose. Finally, the RTC ruled that it was conclusively established that in 2007 and on 18 April 2009, BBB was under 12 years of age as evidenced by her birth certificate and by the defense's admission during the pre-trial conference that she was barely eight years old on 18 April 2009. It concluded that BBB's straightforward testimony duly proved that accused appellant had carnal knowledge of her in 2007 and had assaulted her by inserting his finger into her vagina on 18 April2009. The fallo reads: WHEREFORE, his guilt for the offense charged in Criminal Case No. 1514-2009-SJC not having been established beyond reasonable doubt, the accused Rolando Bagsic is ACQUITTED. Said accused, however, is hereby found guilty of rape defined and penalized under Art. 266-A in relation to Art. 266-B of the Revised Penal Code in Criminal Cases No. 1515-2009-SJC and No. 1516-2009-SJC and is accordingly sentenced as follows: a. In Criminal Case No. 1515-2009-SJC, to suffer an indeterminate penalty of imprisonment ranging from four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum, for rape through sexual assault; b. In Criminal Case No. 1516-2009-SJC, to suffer the penalty of reclusion perpetua, for statutory rape, and such accessory penalties provided for by law. The accused is likewise found liable to pay BBB the following: a. Indemnity In Crim. Case No. 1515-2009-SJC In Crim. Case No. 1516-2009-SJC P30,000.00 P50,000.00