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797 Phil. 241
THIRD DIVISION
[ G.R. No. 212562, October 12, 2016 ]
AVELINO ANGELES Y OLANO, PETITIONER, VS. PEOPLE OF THE
PHILIPPINES, RESPONDENT.
DECISION
PEREZ, J.:
On appeal by certiorari is the February 28, 2014 Decision[1] of the Court of Appeals
(CA) in CA-G.R. CR No. 35394 affirming the July 24, 2012 Order[2] of the Regional
Trial Court (RTC), Branch 15, Naic Cavite, which in turn affirmed the November 28,
2011 Decision[3] of the 1st Municipal Circuit Trial Court (MCTC) in Maragondon,
Cavite, in Criminal Case No. T-07-023, finding accused-appellant Avelino Angeles y
Olano guilty beyond reasonable doubt of Acts of Lasciviousness penalized under
Article 336 of the Revised Penal Code.
In an Information[4] dated June 1, 2007, the Cavite Provincial Prosecutor's Office
charged accused-appellant with the crime of Acts of Lasciviousness. The accusatory
portion of the Information reads:
"That on or about the 31st day of May 2007, in the Municipality of
Ternate, Province of Cavite, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, actuated by lust, did, then
and there, willfully, unlawfully and feloniously commit acts of
lasciviousness upon one JACQUELINE CRUZ y RIAZ, by lying on top of
her and sucking her breast, against her will and consent, to her damage
and prejudice.
CONTRARY TO LAW."
Upon being arraigned, accused-appellant entered a plea of NOT GUILTY to the crime
charged.[5] At the pre-trial of the cases, the following stipulations were admitted by
the court: (1) the identity of accused-appellant as the same person charged in the
instant case; and (2) the jurisdiction of the court over his person and over the
subject matter of the case.[6] Trial on the merits ensued thereafter.
The Facts
The private complainant's version of the facts as summarized by the CA, is as
follows:
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