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: