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On May 31, 2007, Jacqueline and her housemaid, Sheryl, came from a
'videoke session' and got home at around 11 o'clock in the evening. After
taking a bath, Jacqueline went to bed, with her body covered only with a
bath towel.[7] She was later on awakened when she felt something heavy
on top of her.[8] She also felt somebody licking and sucking her breasts;
and when she opened her eyes, she saw accused-appellant lying on top of
her.[9] She immediately pushed and kicked accused-appellant as she tried
to get out of the bed as fast as she could. She exclaimed "Putang ina mo
ka, hayop ka, paano ka nakapasok dito!"[10] She ran outside while
accused-appellant followed her repeatedly saying "Mare, pasensiya na,
pasensiya na, mali ako ng inakala sa iyo."[11] Jacqueline saw Sheryl
outside and asked her how accused-appellant was able to enter the
house. Sheryl claimed that she did not know how accused-appellant
managed to enter the house. Immediately thereafter, Jacqueline and
Sheryl went to the PNP station in Ternate, Cavite to report the incident
and to file a complaint against accused-appellant. A few hours later,
accused-appellant was arrested.
On cross-examination, Jacqueline revealed that prior to the incident or in the
afternoon of May 31, 2007, at around 2 o'clock in the afternoon, she and her friend
Zoray, along with Sheryl, went to accused-appellant's "kubo" for a karaoke session.
They were singing and drinking when accused-appellant joined them at around 7
o'clock in the evening. When accused-appellant was about to leave, Jacqueline;
requested him to stay longer, so the singing and drinking continued on. It was
around 10 o'clock in the evening when Jacqueline and her companions headed
home.
On the other hand, accused-appellant's version of the facts is as follows:
Accused-appellant and Jacqueline both stood as godparents of Sheryl's
child and from then on, they remained good friends. Accused appellant
claims that in the early evening of May 31, 2007, he went to the kubo
because someone told him that his kumareng Jack was waiting for him.
When he arrived, the people wee already dancing and singing. He was
sitting in front of Jacqueline before he transferred beside her upon her
request. Jacqueline was so drunk, she [12] Accused-appellant claimed that
after he answered the call of nature, Jacqueline led him behind a mango
tree. It was there when she pulled up her blouse and pulled accusedappellant's head towards her breasts. Accused-appellant admitted to
sucking her breasts.[13] When they returned to the kubo, Jacqueline fell
asleep on accused-appellant's lap. According to accused-appellant,
Jacqueline wanted him to accompany her home but he opted to stay in
the kubo to clean up.[14]
Maintaining that an invitation was extended to him, accused-appellant admitted that
he proceeded to Jacqueline's house after cleaning up.[15] According to him, the gate
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