Q: Where is the farm located, what barangay?
A: In Zone 7, Sto. Nino 3rd sir.
Q: Are you referring to Sto. Nino 3rd San Jose City?
A: Yes sir.
Q: Madam Witness what are you wearing in your upper body?
A: I was wearing my upper clothes with sleeves sir.
Q: What happened to your clothes with sleeves after Rolando Bagsic take your
shorts and panty off from you?
A: He lifted it up sir.
Q: So what happened Madam Witness when Rolando Bagsic removed your shorts
and panty and lifted your upper garments?
A: He also took off his short and underwear sir.
Q: So what happened when Rolando Bagsic take his short pants and brief off?
A: He was forcibly inserting his penis in my private part sir. (Pinipilit po niyang
ilusot yung ari niya sa ari ko)
Fiscal Escudero: May I please request your honor that the vernacular term as
answered by the witness be put on record?
Court: Put that on record.
Fiscal Escudero: Was he successful in inserting his private part to your vagina
Madam Witness?
A: Only partial sir. (The vernacular term used by the witness is "konti lang po")
Q: How would you explain that "konti lang po" or only partial Madam Witness?
A: Only the head of his penis sir.[33]
To reiterate, the Medico-Legal Report lends credence to BBB's testimony. When the
testimony of a rape victim is consistent with the medical findings, there is sufficient
basis to conclude that there has been carnal knowledge.[34] Further, at the time of
the incident, it was sufficiently proven that BBB was under 12 years of age as
indicated in her Certificate of Live Birth.[35]
Accused-appellant is guilty of rape
by sexual assault.
The following are the elements of rape by sexual assault: