The assault upon BBB was repeated on 18 April 2009 at about five o'clock in the
morning. At that time, BBB and her two female siblings had to sleep in accusedappellant's house because their mother was at the hospital attending to AAA. While
in bed, BBB was awakened by a finger being inserted into her vagina. When she
opened her eyes, BBB saw accused-appellant. Sensing that BBB was already
awake, accused-appellant left.[10]
About a month earlier or on 15 March 2009, AAA and her siblings stayed with
accused-appellant and their maternal grandmother because their parents had to
attend the wake of a deceased relative. At around four o'clock in the morning, AAA
was awakened by somebody, whom she identified to be accused-appellant because
of his rough hand and odor, fiddling her nipple. The incident lasted for about two
minutes. Accused-appellant stopped when he realized that AAA's siblings were
already awake.[11]
Thereafter, AAA and her siblings rose from bed and prepared breakfast. AAA did not
tell anyone about the incident out of fear. It was only when BBB revealed the
sexual acts committed against her by accused-appellant that AAA also mustered the
courage to speak out.[12]
During the presentation of the prosecution's evidence, however, an Affidavit of
Desistance,[13] dated 15 May 2012, was executed by AAA, BBB, and CCC.
Version of the Defense
The defense presented the maternal grandmother of AAA and BBB as its sole
witness. She testified that accused-appellant became her common-law partner in
February 2010, about a year after the death of her husband. Her family resented
her relationship with accused-appellant because she was no longer able to support
them and their disagreement resulted in the filing of the rape cases against
accused-appellant.[14]
The RTC Ruling
In its decision, dated 30 January 2013, the RTC acquitted accused appellant for
violation of Section 5 (b) of R.A. No. 7610 for failure of the prosecution to
sufficiently establish the identity of the perpetrator. It observed that AAA admitted
that she was not able to see the face of the person who assaulted her but that she
concluded that said person was accused-appellant on the basis of the assailant's
rough hand and odor. The RTC reasoned that AAA's mere general statement that
the person who touched her breasts had the same rough hand and odor as the
accused appellant was not conclusive proof of the latter's identity as the culprit