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Quimvel vs. People [DISSENTING OPINION , CAGUIOA, J.]

EDUARDO QUIMVEL Y BRAGA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES,

G.R. No. 214497 | 2017-04-18

DISSENTING OPINION 

CAGUIOA, J.:

The People's evidence show that: 7-year-old AAA lived with her father and siblings in a house close to her grandfather's; accused Quimvel worked for AAA's grandfather as caretaker of ducks and lived in the grandfather's house; one evening, AAA was left alone with her siblings when her father left the house to buy kerosene; on that night, Quimvel brought a vegetable viand to AAA's house; whereupon, AAA asked Quimvel to stay with her and her siblings because they were afraid; Quimvel acceded; AAA fell asleep and awakened to Quimvel's leg over her body and...