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. The Provincial Prosecutor of Biñan, Laguna filed an Information charging Ricalde of rape through sexual assault: That on or about January 31, 2002, in the Municipality of Sta. 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.‖ This is a Petition for Review assailing the Court of Appeals’ AugDecision affirming Ricalde’s conviction for rape through sexual assault and JanuResolution denying reconsideration. Before us is a criminal case for rape through sexual assault committed against a 10-year-old boy. D E C I S I O N LEONEN, J.: Even men can become victims of rape.
SECOND DIVISION RICHARD RICALDE, PETITIONER, VS.
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