E-Library - Information At Your Fingertips: Printer Friendly 3 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62543 was unlocked and the main door was left open.[16] He entered and found Jacqueline and Sheryl lying on the bed. When Sheryl left the room, accused-appellant laid down beside Jacqueline but vehemently denied mounting her and sucking her breasts.[17] When Jacqueline was awakened, she pushed accused-appellant away demanding to know how he was able to enter the room.[18] She then left the room and proceeded to the kitchen while continuously berating accused-appellant. "Mare, pasens'ya ka na't nabigyan ko ng masamang kahulugan iyong mga pinaggagawa mo sa akin" was all that accused-appellant could say.[19] Ismael T. Olano testified that on the night of the incident, he saw Jacqueline drinking and flirting with accused-appellant. Olano testified that Jacqueline took off her bra while dancing;[20] that he heard Jacqueline ask accused-appellant if he could make her happy;[21] that he saw Jacqueline pull accused-appellant's head towards her breasts;[22] and that before Jacqueline left, she told accused-appellant "pare sumunod ka ha."[23] Ruling of the Municipal Circuit Trial Court On November 28, 2011, the MCTC rendered a decision finding accused-appellant guilty of the crime charged. The dispositive portion of the decision reads: "WHEREFORE, premises considered, this Court finds the accused AVELINO ANGELES y OLANO @ 'ANDY', GUILTY beyond reasonable doubt of acts of lasciviousness penalized under Article 336 of the Revised Penal code and is sentenced to suffer to indeterminate prison [term from] six (6) months arresto mayor as minimum to four (4) years and two (2) months prision correccional as maximum. Accused is ordered to pay the offended party P25,000.00 as moral damages and P20,000.00 as civil indemnity. SO ORDERED."[24] Ruling of the Regional Trial Court Aggrieved, petitioner interposed an appeal to the RTC, assailing the MCTC's decision. Affirming the assailed decision, the RTC ruled that the previous flirting incidents cannot exonerate accused-appellant. The dispositive portion of its order reads: "WHEREFORE, based on the foregoing, the instant appeal is hereby DENIED for lack of merit. SO ORDERED."[25] Ruling of the Court of Appeals Seeking a reversal of the conviction, petitioner filed a Petition for Review before the 4/21/2020, 9:21 AM

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