The ruling of the CA finding accused-appellant guilty of the crime of acts of
lasciviousness is based on the testimonies of the two classmates of the victim, AAA,
who saw accused-appellant fondle the latter's vagina.
Witness, Michael, clearly narrated the details of the fondling incident and positively
identified accused-appellant as the perpetrator. In a simple, spontaneous, and
straightforward manner, Michael testified as follows:
PROS. PATARAS ON DIRECT EXAMINATION:
Q You are a Grade I pupil?
A
Yes sir.
Q
In what school?
A
In Paykek.
Q
And as a Grade I pupil, you know that telling a lie is not good?
A
Yes sir.
Q
What you tell is only the truth?
A
Yes sir.
Q
Do you [know] a person by the name of [AAA]?
A
Yes sir.
Q
Why do you know her?
A
(No answer)
COURT:
Make the question simple.
Q
[AAA] was your classmate?
A
Yes sir.
Q
[AAA] was your classmate while you were also in kindergarten?
A
Yes sir.
Q
She is also your neighbor?
A
Yes sir.
Q
And she is also your playmate?
A
Yes sir.