[16]
TSN dated December 8, 2006, p. 8.
Rollo, p. 12.
[18] CA rollo, p. 38.
[19] Id. at 40.
[20] TSN dated November 11, 2010, p. 7.
[21] Rollo, p. 6, Court of Appeals Decision.
[22] CA rollo, p. 39, Trial court Decision.
[23] Id. at 40.
[24] Id. at 39.
[25] REV. PEN. CODE, art. 266-A(1) partly provides:
Article 266-A. Rape; When And How Committed.—Rape is committed—
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
[17]
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority[.]
[26] Rep. Act No. 7610 (1992), sec. 5 as amended by Rep. Act No. 8353 (1997), provides:
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or
any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
....
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators
shall be prosecuted under [paragraph (d), Article 266-A of the Revised Penal Code, as amended by the Anti-Rape
Law of 1997] and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of
age shall be reclusion temporal in its medium period[.]
[27] CA rollo, p. 41, Trial court Decision.
[28] Id. at 42.
[29] Id.
[30]
Id. at 42-44 and TSN dated December 8, 2006, p. 8.
[31] CA rollo, p. 44.
[32] Id. at 45.
[33] Id.
[34] Id.
[35] Id. at 36-46. The Joint Decision was penned by Judge Richard D. Mordeno of Branch 22, Regional Trial Court,
Cagayan de Oro City.
[36] CA rollo, p. 46, Trial court Decision.
[37] Id. at 25. Appellant's Brief.
[38] Id. at 26.
[39] Id. at 29-30.
[40] Id. at 30-32.
[41] Id. at 32-33.
[42] Rollo, p. 9, Court of Appeals Decision.
[43] Id. at 12.
[44] Id. at 13.
[45]
Id. at 3-14.
[46] Id. at 13.
[47] Id. at 15-17.
[48] Id. at 21.
[49] Id. at 27-31. Manifestation and Motion (In Lieu of Supplemental Brief).
[50] Id. at 32-35. Manifestation with Motion.
[51] Id. at 36.
[52] CA rollo, pp. 57-76.
[53] Id. at 71.
[54] Id.
[55] Id.
[56] Id.