That on or about and since December 30, 2012, on several occasions, at more or

less 8:00 oclock in the evening along the seashore of xxx,Gingoog City,
Philippines and within the jurisdiction of this Honorable Court, the above-
named accused, did then and there willfully, unlawfull and feloniously force and
intimdate AAA, 15 years old, minor, and then forcibly committed sexual
intercourse by forcibly inserting his penis to the vagina of the said minor for
several occasions, against her will. With the qualifying/aggravation circumstance
that the victim is under eighteen (18) years of age and the offender/accused is
the father of the victim.

Contrary to and in violation of Article 266-A, paragraph 1, of the Revised

Penal Code, in relation to R.A. 7610.

Accused-appellant was arraigned on February 5, 2013 and pleaded

not guilty. Preliminary conference was held on March 4, 2013 and the pre-
trial conference on May 7, 2013.

The prosecution presented --- as its lone witness. Documentary

evidence presented were the Affidavit of Complaint of the private offended
party and her birth certificate as Exhibits A and B respectively.

The defense also presented accused-appellant --- as its witness. No

documentary evidence was submitted.

Another case was also file against the accused-appellant before the
Prosecutors Office for allegedly committing the crime of Acts of
Lasciviousness docketed in the Honorable Court as Crim. Case No. 2013-
5131. The private complainant of the case was ---, the twin sister of --. But
the accused-appellant was ACQUITTED in the Acts of Lasciviousness case.

EVIDENCE OF THE PROSECUTION

----- was born on July 6, 1997 to his parents ----. She has a twin sister
named ---l. The twin sisters grew up under their foster mother , ----, but
were returned to their biological parents when they were eleven (11) years
old after they were caught stealing something from their foster mother.
They stayed with their biological parents in --- were --- went to school.1

On November 27, 2011, when --- was asleep, accused-appellant

carried her downstairs to his bed. He held her hands and kissed her on the
lips, neck and down to her abdomen. He then undressed himself and
undressed her after. Accused-appellant then positioned on top of her,
kissed and inserted his penis into her vagina. ---- felt pain .

On December 30, 2012 in the evening, private offended party was again
ravaged by the accused-appellant which took place along the seashore of
-----, a known fishing village where accused-appellant usually docks his
boat. That evening, J--- was brought by accused-appellant to the shore and
she did not resist knowing that he always carries with him a knife

1 TSN, August 13, 2013, pp 3-5

whenever he goes fishing. She was then made to lie down on the sand.
With her back on the ground, ac