Decision -2- G.R. No. 234841 In an Information dated August 28, 2013, Manuel Barallas Ramilo was charged of violation of Article 266-A, paragraph 2, of the Revised Penal Code (RPC), the accusatory portions of which read: That on or about the 27 th day of August 2013, in the City of Marikina, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and by means of force, threat and intimidation and/or with grave abuse of parental authority did then and there willfully, unlawfully, knowingly and feloniously commit sexual abuse and lascivious conduct upon her daughter MDR MINOR-VICTIM INQ-13H-00553, a twelve (12) year old minor at the time of the commission of the offense, by then and there lying beside her then embracing her and inserting his fingers inside her vagina thereby causing serious danger to the normal growth and development of the child MDR MINOR-VICTIM INQ-13H-00553, to her damage and prejudice. The crime is attended with the aggravating circumstance of relationship. CONTRARY TO LA W. 4 During arraignment, Manuel, assisted by counsel, pleaded not guilty to the charge. During pre-trial, the parties agreed to adopt the Report on the Preliminary Conference, for the purpose of the pre-trial conference. Subsequently, trial on the merits ensued. The prosecution presented six witnesses - private complainant AAA; 5 private complainant's sister, BBB; the school principal of Malanday Elementary School, Lino de Guzman; the medico-legal officer, Dr. Ma. Felicidad Mercedes Aulida; and investigating officers POI Bernard Pah-E and POI Christian Bonifacio. AAA testified that she was born on February 5, 2001, as evidenced by her Certificate of Live Birth. 6 Her father, Manuel, was a painter while her mother, CCC, was a manicurist. She recalled that on August 27, 2013, she slept beside Manuel and her one (1) year old sister, and woke up at around 6:00 a.m. the next day. At that time, CCC was already busy downstairs. AAA was about to go downstairs with her sister when Manuel held her wrist. She knew that he was going to molest her again like what he had been doing in the past. According to AAA, she uttered to Manuel, "isusumbong Id. at 32-33. The identity of the victim or any information to establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and for Other Purposes", Republic Act No. 9262, "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore, and for Other Purposes"; Section 40 of A.M. No. 04-10-11-SC, known as the "Rule on Violence Against Women and Their Children," effective November 5, 2004; People v. Cabalquinto, 533 Phil. 703, 709 (2006); and Amended Administrative Circular No. 83-20 I 5 dated September 5, 2017, Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances. 6 Rollo, p. 73. (/ y /'7\/