Case Digest (G.R. No. L-50300)
Facts:
On May 31, 2001 at about five o'clock in the afternoon in Barangay Dimanayat, San Luis, Aurora, Jaime Brioso alias Talap-Talap approached four-year-old AAA, enticed her with candies, led her to a mango tree near his house, removed her short pants and panty, mashed her genitalia, inserted his finger into her vagina, then inserted his penis into her vagina, and threatened to kill her if she told anyone; AAA returned home frightened but did not immediately report the incident, and the next morning her mother, BBB, observed swelling of AAA's genitalia, cleaned her, questioned her and was told about the molestation, after which AAA and BBB reported the matter to a Barangay Kagawad, the Department of Social Welfare and Development, and the police, a medico-legal examination was conducted and an Information was filed charging accused with statutory rape under Article 266-A(1)(d) and rape through sexual assault under Article 266-A(2) of the Revised Penal Code; the Information initially ...