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PEOPLE vs. Anselmo O. Butron

PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs. ANSELMO O. BUTRON alias "ANSING," accused-appellant.

G.R. No. 112986 | 1997-05-07

D E C I S I O N


PANGANIBAN, J.:

The appellant admits to having sexually molested the ten-year-old victim in this case, but claims that he merely used his fingers and is thus guilty only of acts of lasciviousness and not of rape.

The Court is not convinced, for there is proof beyond reasonable doubt that there was penetration of the victim's private organ.

This is an appeal from the Decision 1 dated July 6, 1993 of the Regional Trial Court, 10th Judicial Region, Branch 2, 2 Butuan City, in Criminal Case No. 5283, finding appellant guilty of rape.

On August 19, 1992, Jocelyn A. Bautista, assisted by her mother Caridad A. Bautista,...