subjecting her to sexual abuse, and that the act complained of is prejudicial to the
physical and psychological development of the complainant-minor.[5]
During his arraignment, appellant entered a plea of not guilty.[6] Trial thereafter
ensued.
Version of the Prosecution
The prosecution's version of the incidents is as follows:
AAA, born on September 7, 2000, was then only six (6) years old when she was
raped and molested by the accused.
The victim and the accused [were] neighbors in Las Piñas City. Accused, a stay-in
construction worker in Baliwag, Bulacan, [was] also a friend of AAA's uncle who
would usually sleep over at the victim's house.
On February 24, 2007, at or about 12:00 a.m, AAA was awakened by the accused
when he removed her pajama and panty and placed himself on top of her. The
accused licked her vagina before inserting his penis into it She felt pain and cried.
Since the accused threatened her with harm if she [told] the incident to anybody,
she kept mum about it.
[O]n March 18, 2007, during the wee hours of the morning, or about 2:00 a.m.,
AAA was awakened by the shout of her uncle, CCC. There, she saw accused
standing at the corner of the house with her panty at the latter's feet. Realizing that
she was naked, she instantly wore her short pants and ran and embraced her
uncle. Thereafter, AAA, together with her grandparents and uncles, went to the
police to report what happened. The medico legal examination of the private organ
of AAA revealed no laceration in her hymen.[7]
Version of the Defense
Appellant raised the defenses of denial and alibi, viz.:
x x x On February 24, 2007, he was working as a construction worker at NFA,
Baliwag, Bulacan. He worked there from Monday to Saturday. [On said date,] he
was working until 5:00 o'clock in the afternoon in Bulacm1.
On March 18, 2007, he was at home resting. At around 8:00 o'clock in the evening
of that day, he went out to join his friends, Jonas Rabosa, Aron Rabosa, Jomari
Magondayao, Randy Ramirez, Erma Bergancia and Bongbong in a drinking spree in
front of the house of AAA's aunt, BBB, where AAA also lived. The drinking spree
lasted until 12:00 o'clock midnight when he started vomiting. They slept at BBB's
house. He, together with his friends, slept, side by side with each other in the living
room, but before he fell asleep he noticed that AAA was sleeping on the sofa.