Upon arrival thereat, petitioner instructed her to take a seat while he went to the
bathroom for a few minutes. AAA noticed that except for the two of them, no one
else was in the house. Thereafter, he emerged from the bathroom and asked her if
she was really determined to become a CAT officer, to which she replied yes.[11]
Petitioner then told her that he had a crush on her, that he wanted her to become
his mistress, and that he will give her all her needs.[12] Then, he pulled her to his
lap and asked her to kiss him. Thinking it was part of the initiation rites, AAA kissed
his right cheek. Thereafter, petitioner asked her to sit on the sofa and proceeded to
kiss her on the lips, leading her to cry. Petitioner then instructed her to lie down on
the sofa, lifted her shirt and underwear, and sucked her right breast for about two
minutes.[13] AAA was frightened and could not complain. Petitioner was about to
unzip her pants when she pleaded for him not to do so as she had her menstrual
period then.[14] At this point, petitioner stood up and went back to the bathroom.
When he re-emerged, he told her to stop crying and not to report the incident if she
truly wanted to become a CAT officer.[15] Although AAA told her friend about the
incident, she decided not to tell her family.[16] Instead, she told her parents that she
wanted to rest, quit school, and spend some time with her sisters in Manila.[17] After
a year in Manila, she went back to Dumalag, Capiz and enrolled in fourth year high
school.[18]
Sometime in July 2008, several female CAT officers in DCNHS revealed that
petitioner had molested them and filed cases against him in court.[19] Prompted by
her mother's inquiry if petitioner had also molested her, AAA finally disclosed the
details of the incident to her and the reason why she did not do so sooner.[20]
Consequently, a complaint[21] charging petitioner with acts of lasciviousness,
defined and penalized under Article 336 of the RPC, as amended, in relation to
Republic Act (RA) No. 7610, was filed on October 6, 2008, the accusatory portion of
which reads:
"That on or about 1:00 o'clock in the afternoon of 21 April 2007, in Brgy. Poblacion,
Municipality of Dumalag, Province of Capiz, Philippines, and within the jurisdiction
of this Honorable Court, the above named accused, with lewd designs, did then and
there willfully, unlawfully and feloniously kiss the lips and suck the breasts of one
[AAA], a female and minor of 16 years old without her consent and against her will,
and which acts of the former likewise constitute other child abuse.
By reason of the unlawful acts of the accused, the victim is entitled for damages
pursuant to the provision of the New Civil Code.
CONTRARY TO LAW."[22]