Title
A minor and represented by YYY vs. XXX
Case
G.R. No. 261422
Decision Date
Nov 13, 2023
A minor's petition challenging her abuser's acquittal was granted by the Supreme Court, finding him guilty of lascivious conduct under RA 7610 despite lack of OSG conformity.
A

Case Digest (G.R. No. 221538)

Facts:

  • Parties and Procedural History
    • AAA261422, a 13-year-old minor represented by her aunt YYY261422, filed a petition for certiorari before the Court of Appeals.
    • Respondent XXX261422, common-law spouse of AAA261422’s mother, was accused of sexually abusing AAA261422 in three separate Informations.
  • Criminal Charges and Trial
    • Criminal Case No. 21-3964 and No. 21-3966: two counts of rape under Article 266-A, Revised Penal Code (as amended by RA 8353).
    • Criminal Case No. 21-3965: one count of acts of lasciviousness under RA 7610.
    • Prosecution presented AAA261422, YYY261422, and Dr. Ava O. Liwanag, who testified to three incidents of digital and manual sexual abuse and breast fondling; medico-legal exam showed hymenal laceration.
    • Defense presented XXX261422, CCC261422 (mother), and a neighbor, who denied the incidents and suggested a family‐driven conspiracy.
  • Lower Court Decisions and Appeals
    • RTC Branch XXX (June 18, 2019) acquitted XXX261422 for lack of credible evidence, citing possible concoction and the small room’s noise-bearing. Imposed civil damages of ₱150,000.00.
    • RTC denied reconsideration on procedural grounds (July 26, 2019).
    • Court of Appeals dismissed AAA261422’s Rule 65 petition (June 25, 2020) and denied reconsideration (December 22, 2020) for lack of Office of the Solicitor General (OSG) conformity.

Issues:

  • Standing and OSG Conformity
    • May a private complainant file a petition for certiorari under Rule 65 to assail an acquittal without securing the OSG’s conformity?
  • Substantive Merits
    • Did the RTC commit grave abuse of discretion amounting to lack of jurisdiction or denial of due process in acquitting XXX261422?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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