E-Library - Information At Your Fingertips: Printer Friendly 1 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62543 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: 4/21/2020, 9:21 AM

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