Q: And then what did he do?
A: He inserted his finger into my vagina.
Q: When he inserted his finger into your vagina, what did you feel?
A: I felt pain.
Q: Because you felt pain, what was your reaction?
A: I was crying at that time.
Q: Did you not try to shout because it is painful?
A: No ma'am, because I was afraid that he could kill me.
xxxx
Q: You said that aside from inserting his finger into your vagina, what else did he
do to you?
A: He lifted my t-shirt and he is holding my breast.
Q: On that day of April 1998, how old are you?
A: 11 years old.[25]
With respect to Criminal Cases Nos. RTC-2003-0295 and RTC-2003-0296, the
prosecution was, likewise, able to prove beyond reasonable doubt all the elements
of qualified rape as defined under paragraph 1, Art. 266-A[26] and penalized under
paragraph 1, Art. 266-B[27] of the RPC, as amended, namely: (1) sexual congress;
(2) with a woman; (3) done by force and without consent; (4) the victim is under
18 years of age at the time of the rape; (5) the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the third civil
degree, or the common-law spouse of the parent of the victim.[28]
Through the categorical and consistent testimony of BBB, the prosecution
established that appellant, her father, threatened to kill and undressed her, then
inserted his penis in her vagina for about an hour, sometime in the summer of 1999
and on March 30, 2003, to wit:
Q: You said that you remember something in the year 1999 about what time is that
when said incident happened?
A: The incident that happened in the year 1999 happened at about 2:00 o'clock in
the afternoon.
Q: Can you tell us, what was the month if you can remember?
A: I think it was in the month of March.