Province of Camarines Sur, Philippines and within the jurisdiction of the Honorable Court, the said accused, with grave abuse of confidence being the father of the private offended party, by means of force and intimidation did, then and there, with lewd designs, willfully, unlawfully and feloniously succeed in having sexual intercourse with "BBB," his 13-year-old daughter who is a minor, against her will and without her consent to her damage and prejudice in such amount as may be awarded by the Court. ACTS CONTRARY TO LAW. In Criminal Case No. RTC-2003-0296: That sometime on March 30, 2003, at about 8:00 o'clock in the evening in the Municipality of Camaligan, Province of Camarines Sur, Philippines and within the jurisdiction of the Honorable Court, the said accused, with grave abuse of confidence being the father of the private offended party, by means of force and intimidation did, then and there, with lewd designs, willfully, unlawfully and feloniously succeed in having intercourse with "BBB," his 16-year-old daughter who is a minor, against her will and without her consent to her damage and prejudice in such amount as may be awarded by the Honorable Court. ACTS CONTRARY TO LAW.[6] Before appellant was arraigned, a motion to quash was filed on the ground that the Informations charged more than one offense. The prosecution opted to amend the Informations by deleting the phrase "and for several similar occasions thereafter," which the court granted. On March 25, 2004, appellant, assisted by counsel, was arraigned and pleaded not guilty to all rape charges. During pre-trial, the parties stipulated on the identities of the parties, the fact that the birth certificate[7] shows that BBB is the daughter of appellant and a minor at the time of the alleged rape incidents. Joint trial of the cases followed. In Criminal Case No. RTC-2003-0294, the incident of rape through sexual assault happened in April 1998 when BBB was only 11 years old. While sleeping with her mother and appellant in the sala of their house, BBB was awakened by someone rubbing her back. BBB did not recognize appellant at first because it was dark until he threatened her with a knife and told her not to make any noise. Appellant then forcibly removed BBB's shorts and panty, and inserted his finger into her genital, causing her to feel pain. Appellant also lifted BBB's shirt, held her breasts and molested her for an hour, during which she only cried.