Q: So while you were sleeping, how were you awaken? A: Because something hard was thrusting my private part sir. Q: Are you able to identify what is that hard object that is thrusting your private part? A: Yes sir. Q: Can you tell the Honorable Court what was that object that caused you to be awaken because it being thrusted to your private part? A: His hand sir. Q: Hand of whom? A: Hand of Lolo Bagsic sir. Q: How were you able to know that it is the hand of your Lolo Bagsic? A: Because I was already awaken in that time and I saw his face sir. xxxx Q: So kindly tell us how is he able to thrust his hand to your private part? A: Because my panty was moved sideward. (Yung panty ko ay nakatagilid) Q: If this is the hand of your Lolo Bagsic what part of the hand he used to thrust your private part? A: This sir. (The witness is pointing to the right index finger) Q: So you are referring to a finger not a hand Madam Witness? A: Yes sir. Q: Was he able to insert his finger to your vagina? A: Yes sir.[37] In sum, the Court finds no convincing reason to disturb the findings of the trial court as affirmed by the appellate court. Proper penalty for rape by sexual assault Accused-appellant's conviction for rape by sexual assault is affirmed, but the penalty imposed by the lower court is modified to the penalty under Article III, Section 5(b) of R.A. No. 7610: SEC. 5. Child Prostitution and Other Sexual Abuse.— Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or