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2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault by inserting his penis into another
person's mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person.
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cralawred
Indeed, two instances of rape were proven at the trial. First, it was established that
accused-appellant inserted his penis into the private part of his victim, AAA. Second,
through the testimony of AAA, it was proven that accused-appellant also inserted his
finger in AAA's private part, Pertinent portions of the said testimony read as follows:
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chanRoblesvirtual Lawlib rary
PROS. Casar
You said that you are afraid of Talaptalap. Why are you afraid of him?
A (No answer from the witness)
THE COURT:
Put it on record that the child is crying.
PROS. Casar
Please tell us why are you afraid of Talaptalap? Is it because he did something to you?
A Yes, sir.
PROS. Casar
What did he do to you?
THE COURT:
Put it on record that the child is still crying.
PROS. Casar
What did he do to you?
A (No answer from the witness)
THE COURT:
You ask her direct questions, fiscal.
PROS. Casar
Did he "hipo" your "pekpek"?
A Yes, sir.
PROS. Casar
Will you please demonstrate to us how did he make "hipo" with your "pekpek?"
A (No answer from the witness).
PROS. Casar
Did Talaptalap lower your parity and short before he made "hipo" you?
A Yes, sir.