G.R. No. 221443 - People vs. Ladra

Background of the parties and victim
The accused-appellant was Dominador Ladra.
The private complainant AAA was born on September 3, 1995, and was the eldest of five (5) siblings.
At the time material to the cases, AAA lived with her family in a remote area in Dumarait, Balingasag, Misamis Oriental.
It was alleged that Dominador Ladra was a relative of BBB, AAA’s mother, and was allowed to stay with the family out of pity.
Dominador Ladra allegedly ran errands and attended to the children when BBB was busy washing clothes and CCC, BBB’s husband, was tending their farm.

Alleged first sexual assault and threat
Sometime between 2000 to 2001, when AAA was around five (5) years old, AAA and her siblings were left at home with the accused-appellant.
After their meal, the accused-appellant ordered the children to sleep.
AAA testified that she was awakened when she felt the accused-appellant, already naked, on top of her.
The accused-appellant allegedly forced his penis into AAA’s vagina and made push and pull movements, causing her pain.
The accused-appellant allegedly threatened to kill AAA if she told anyone.
After the first assault, the accused-appellant allegedly repeatedly molested AAA, each time bringing a bolo with him.
The sexual abuse allegedly ceased in 2002, when the accused-appellant left their house.
AAA testified that the accused-appellant raped her “more than ten times.”

Alleged second incident in 2008
Years later, on the evening of April 16, 2008, when AAA was already twelve (12) years old, AAA saw the accused-appellant in their kitchen.
AAA testified that the accused-appellant squeezed her vagina and told her that they were going to visit his house.
Scared, AAA cried and told her cousin, DDD, about the incident.
AAA also told DDD about the first rape incident and subsequent ones.
Eventually, AAA told BBB about her traumatic experiences when she was five (5) years old.
BBB and AAA reported the incident to the barangay and had it recorded in the police blotter.

Medical examination and filing of charges
On April 19, 2008, Dr. Ma. Josefina Villanueva Taleon (Medical Officer III at the Northern Mindanao Medical Center) examined AAA.
Dr. Taleon found the presence of old healed lacerations in AAA’s genitalia at the three (3), eight (8), and ten (10) o’clock positions.
Dominador Ladra was charged with violation of Section 5 (b) of Republic Act No. 7610 in an Information alleging sexual abuse against a child aged five to six (5 to 6) years during...(Subscriber-Only)

Criminal liability for the offenses charged
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for Rape.
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for Unjust Vexation.
Whether the evidence supported a conviction for Acts of Lasciviousness instead...(Subscriber-Only)