was a Barangay Tanod who derived income from selling vegetables. AAA and her
siblings, BBB and CCC, were then staying with YYY in Palapas, Ligao City.
On the other hand, Quimvel, at that time, was the caretaker of the ducks of AAA's
grandfather. He lived with AAA's grandparents whose house was just a few meters
away from YYY's house.
At around 8 o'clock in the evening of [July 18,] 2007, YYY went out of the house to
buy kerosene since there was no electricity. While YYY was away, Quimvel arrived
bringing a vegetable viand from AAA's grandfather. AAA requested Quimvel to stay
with them as she and her siblings were afraid. He agreed and accompanied them.
AAA and her siblings then went to sleep. However, she was awakened when she felt
Quimvel's right leg on top of her body. She likewise sensed Quimvel inserting his
right hand inside her panty. In a trice, she felt Quimvel caressing her private part.
She removed his hand.
Quimvel was about to leave when YYY arrived. She asked him what he was doing in
his house. Quimvel replied that he was just accompanying the children. After he
left, YYY and his children went back to sleep.
On [July 29,] 2007, XXX arrived from Batangas. Later in the evening while XXX was
lying down with her children, she asked them what they were doing while she was
away. BBB told her that Quimvel touched her Ate. When XXX asked AAA what
Quimvel did to her, she recounted that Quimvel laid down beside her and touched
her vagina.
Upon hearing this, XXX and YYY went to the Office of the Barangay Tanod and
thereafter to the police station to report the incident. Afterwards, they brought AAA
to a doctor for medical examination.
As expected, Quimvel denied the imputation hurled against him. He maintained that
he brought the ducks of AAA's grandmother to the river at 7 o'clock in the morning,
fetched it and brought it back at AAA's grandmother's place at 4 o'clock in the
afternoon of [July 18,] 2007. After that, he rested. He said that he never went to
AAA's house that evening. When YYY confronted and accused him of touching AAA,
he was totally surprised. Even if he denied committing the crime, he was still
detained at the Barangay Hall. He was then brought to the police station for
interrogation. Eventually, he was allowed to go home. He did not return to the
house of AAA's grandmother to avoid any untoward incidents.
Ruling of the Trial Court
Lending credence to AAA's straightforward and categorical testimony, the Regional