![]() ![]() 20 The police referred them to the municipal health center for medical examination. XXX’s mother then accompanied XXX to the barangay hall where they were directed to report the incident to the Sta. XXX’s mother armed herself with a knife for self-defense when she confronted Ricalde about the incident, but he remained silent. 16 He also told his mother that Ricalde played with his sexual organ. when XXX awoke as “he felt pain in his anus and stomach and something inserted in his anus.” 14 He saw that Ricalde “fondled his penis.” 15 When Ricalde returned to the sofa, XXX ran toward his mother’s room to tell her what happened. 12 He slept on the sofa while XXX slept on the living room floor. 11 cralawredĪfter dinner, XXX’s mother told Ricalde to spend the night at their house as it was late. 9 Ricalde, then 31 years old, 10 is a distant relative and textmate of XXX, then 10 years old. On January 30, 2002, XXX requested his mother to pick up Ricalde at McDonald’s Bel-Air, Sta. The facts as found by the lower courts follow. 6 The prosecution presented the victim (XXX), 7 his mother, and the medico-legal as witnesses, while the defense presented Ricalde as its sole witness. Ricalde pleaded not guilty during his arraignment on August 21, 2002. Rosa, Province of Laguna, Philippines, and within the jurisdiction of this Honorable Court, accused Richard Ricalde, prompted with lewd design, did then and there willfully, unlawfully and feloniously inserting his penis into the anus of XXX who was then ten (10) years of age against his will and consent, to his damage and prejudice. That on or about January 31, 2002, in the Municipality of Sta. The Provincial Prosecutor of Biñan, Laguna filed an Information charging Ricalde of rape through sexual assault: chanRoblesvirtualLawlibrary This is a Petition for Review 2 assailing the Court of Appeals’ AugDecision 3 affirming Ricalde’s conviction for rape through sexual assault and JanuResolution 4 denying reconsideration. ![]() Accused Richard Ricalde (Ricalde) was charged with rape as described under the second paragraph of Section 266-A of the Revised Penal Code, committed “y 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.” 1 cralawred ![]() Before us is a criminal case for rape through sexual assault committed against a 10-year-old boy. ![]()
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