(1) That the offender commits an act of sexual assault;
(2) That the act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another person's mouth or anal orifice; or
(b) By inserting any instrument or object into the genital or anal orifice of
another person;
(3) That the act of sexual assault is accomplished under any of the following
circumstances:
(a) By using force and intimidation;
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented.[36] (emphasis
supplied)
All the foregoing elements were met beyond reasonable doubt. Accused-appellant
inserted his finger into the vagina of BBB, a child under 12 years of age at the time
of the incident, viz:
[Fiscal Escudero]
You mentioned a while ago Madam Witness that there were two separate occasions
that you were raped by your Lolo Rolando Bagsic, when was the second time?
[BBB]
April 18, 2009 sir.
Q: What time was that?
A: 5:00 in the morning sir.
Q: On April 18, 2009 at around 5:00 in the morning, what were you doing then
Madam Witness?
A: I was sleeping sir.
xxxx