In convicting accused-appellant, the RTC gave full credence to the testimonies of the prosecution witnesses finding them to be straightforward, categorical, convincing and bearing the hallmark of truth. The trial court concluded that the failure of the accused-appellant to dispute or refute the accusation of rape, coupled with the chain of unbroken circumstantial evidence, leads to no other conclusion than that accused-appellant raped AAA. Accused-appellant appealed[8] his case with the CA contending that the testimonies of AAA's mother and the police officer who took the statement of the mother are not circumstantial evidence but, in fact, are hearsay evidence because what the mother testified to in open court are the things that her daughter, AAA, told her regarding her supposed rape. In the same manner, the testimony of the police officer was essentially based on the allegations relayed to her by the mother of AAA. Accused-appellant also contended that the testimonies of AAA's classmates, Michael and Jomie, that they saw accused-appellant fondle AAA's vagina, is not sufficient to establish the allegation that accused-appellant raped AAA. As to the testimony of the psychologist, the same is hearsay because if was based on the narration given to her by AAA. Accused-appellant also questions the failure of the prosecution to present the result of the medical examination conducted on AAA, considering the admission of AAA's mother that the child, in fact, underwent such examination. Lastly, accused-appellant attacks the decision of the prosecution not to present the victim as a witness, considering that the psychologist testified that, given a friendly and non-threatening environment, the child-victim could testify in court. Accused-appellant proceeded to conclude that the circumstantial evidence presented by the prosecution is not sufficient to reach the conclusion that he raped AAA. On August 29, 2014, the CA promulgated its Decision holding that "the combination of all the circumstances presented by the prosecution does not produce a conviction beyond reasonable doubt against [accused-appellant] for the crime of rape."[9] The CA found that the evidence of the prosecution failed to establish that [accusedappellant] had carnal knowledge of AAA."[10] What the classmates of AAA saw was that accused-appellant fondled her vagina. The CA also held that the admission of AAA to her mother that accused-appellant sexually abused her may not be considered as part of the res gestae because such was not spontaneously and voluntarily made. The CA, nonetheless, held that accused-appellant may be convicted of the crime of acts of lasciviousness as the said crime is included in the crime of rape, and the elements of which were sufficiently established during trial. Thus, the CA disposed as follows:

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