FIRST DIVISION
[ G.R. No. 219863, March 06, 2018 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
RICHARD RAMIREZ Y TULUNGHARI, ACCUSED-APPELLANT.
DECISION
DEL CASTILLO, J.:
Assailed in this appeal is the October 30, 2014 Decision[1] of the Court of Appeals
(CA) in CA-G.R. CR-HC No. 05176 which affirmed the February 3, 2011 Decision[2]
of the Regional Trial Court (RTC), Branch 254, Las Piñas City, finding appellant
Richard Ramirez y Tulunghari guilty beyond reasonable doubt of the crimes of rape
and acts of lasciviousness.
The Antecedent Facts
Appellant was charged with the crime of rape in two separate Informations which
read:
Criminal Case No. 07-05889
That sometime on or about February 24, 2007, in the City of Las Piñas, Philippines,
and within the jurisdiction of this Honorable Court, the above-named accused, did
then and there willfully, unlawfully and feloniously have carnal knowledge [of] one
["AAA"],[3] a six (6) year old minor, through force, or intimidation, and against her
will and consent, thereby subjecting her to sexual abuse and that the act
complained of is prejudicial to the physical and psychological development of the
complainant-minor.[4]
Criminal Case No. 07-0284
That on or about the 18th day of March 2007, in the City of Las Piñas, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused, with
lewd design, did then and there willfully, unlawfully and feloniously have carnal
knowledge of one ["AAA"], six (6) year[s] old and below 7 years of age, minor,
through force and intimidation against her will and consent by licking the vagina
and thereafter inserting his penis into the vagina of said ["AAA"], thereby