Decision G.R. No. 235662 4 BBB added that appellant would usually move from his room into theirs while they were asleep. Appellant would usually lie beside them and touch her and AAA's private parts. Eventually, he would have carnal knowledge of her even though AAA and CCC were in the same room. She knew that appellant also raped AAA. Appellant would wake her up by holding her hands while raping AAA. They could not do anything because they were so scared of appellant. 12 The prosecution and the defense stipulated that AAA and BBB are appellant's legitimate children. 13 • The Defense's Evidence Appellant denied the charges. He claimed he was at work during those times when he allegedly raped and sexually molested his daughters. His daughters were very mad at him because he had another woman. His wife was also mad at him so she asked their daughters to concoct the charges against him. 14 The Trial Court's Ruling By Decision 15 dated June 21, 2016, the trial court found appellant guilty of two (2) counts of rape and one (I) count of lascivious conduct. The trial court gave full faith and credence to the respective testimonies of AAA and BBB on how each of them was sexually ravished by their own father. BBB was also credited for giving credible and positive testimony on how appellant performed lascivious conduct on her sometime in 2009. In light of the positive and categorical testimonies of these children, the trial court rejected appellant's unsubstantiated defense of alibi. The trial court decreed: WHEREFORE, in view of all the foregoing and the prosecution having established to a moral certainty the guilt of the accused XXX, the Court hereby finds said accused GUILTY beyond reasonable doubt as principal, for two (2) counts of Rape under Article 266-A of the Revised Penal Code and for Lascivious Conduct under Section 5 (b) of Republic Act No. 7610 otherwise known as the "Special Protection of Children against Abuse, Exploitation, and Discrimination Act" and hereby sentences him as follows: 1. In Criminal Case No. 08-0581-2013 to suffer the penalty of Reclusion Perpetua without eligibility of parole and to pay the minor victim AAA the sum of Seventy Five Thousand Pesos (Php 75,000.00) as civil indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as 12 Id. at 49-50. Id. at 50. 14 Id. 15 Id at 46-56. 13 • ~

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