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was unlocked and the main door was left open.[16] He entered and found Jacqueline
and Sheryl lying on the bed. When Sheryl left the room, accused-appellant laid down
beside Jacqueline but vehemently denied mounting her and sucking her breasts.[17]
When Jacqueline was awakened, she pushed accused-appellant away demanding to
know how he was able to enter the room.[18] She then left the room and proceeded
to the kitchen while continuously berating accused-appellant. "Mare, pasens'ya ka
na't nabigyan ko ng masamang kahulugan iyong mga pinaggagawa mo sa akin" was
all that accused-appellant could say.[19]
Ismael T. Olano testified that on the night of the incident, he saw Jacqueline drinking
and flirting with accused-appellant. Olano testified that Jacqueline took off her bra
while dancing;[20] that he heard Jacqueline ask accused-appellant if he could make
her happy;[21] that he saw Jacqueline pull accused-appellant's head towards her
breasts;[22] and that before Jacqueline left, she told accused-appellant "pare
sumunod ka ha."[23]
Ruling of the Municipal Circuit Trial Court
On November 28, 2011, the MCTC rendered a decision finding accused-appellant
guilty of the crime charged. The dispositive portion of the decision reads:
"WHEREFORE, premises considered, this Court finds the accused AVELINO
ANGELES y OLANO @ 'ANDY', GUILTY beyond reasonable doubt of acts of
lasciviousness penalized under Article 336 of the Revised Penal code and
is sentenced to suffer to indeterminate prison [term from] six (6) months
arresto mayor as minimum to four (4) years and two (2) months prision
correccional as maximum.
Accused is ordered to pay the offended party P25,000.00 as moral
damages and P20,000.00 as civil indemnity.
SO ORDERED."[24]
Ruling of the Regional Trial Court
Aggrieved, petitioner interposed an appeal to the RTC, assailing the MCTC's decision.
Affirming the assailed decision, the RTC ruled that the previous flirting incidents
cannot exonerate accused-appellant. The dispositive portion of its order reads:
"WHEREFORE, based on the foregoing, the instant appeal is hereby
DENIED for lack of merit.
SO ORDERED."[25]
Ruling of the Court of Appeals
Seeking a reversal of the conviction, petitioner filed a Petition for Review before the
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