Case Digest (G.R. No. 246231)
Facts:
In Allan De Vera y Ante v. People of the Philippines, petitioner Allan De Vera y Ante, a university employee, was charged before the Regional Trial Court (RTC), Branch 94, Quezon City, with Violation of Section 5(b) of Republic Act No. 7610 for lascivious conduct by fondling and masturbating in the presence of AAA, a 16-year-old student, on July 7, 2012 at the Filipino Department mini-library of XXX University in Quezon City. Upon arraignment, he pleaded not guilty. During trial, the minor victim testified she saw De Vera holding a binder with one hand and masturbating with the other while she was seated less than a meter away. De Vera denied the charge, claiming he was arranging library books and that his pants’ zipper broke, forcing him to adjust his trousers, that the library was open and well-lighted, and that a subsequent university disciplinary committee cleared him. The RTC found the victim’s testimony credible, convicted him under Section 5(b) of R.A. 7610, and sentenced...Case Digest (G.R. No. 246231)
Facts:
- Charge and Arraignment
- On July 7, 2012, petitioner Allan De Vera y Ante was charged under Section 5(b) of R.A. No. 7610 for lascivious conduct upon AAA, a 16-year-old student, by fondling and masturbating his penis in her presence inside the Filipino Department Mini-Library of XXX University.
- Upon arraignment, petitioner pleaded not guilty and trial on the merits commenced after pre-trial.
- Prosecution Version
- AAA testified she was asked by petitioner to take a diagnostic exam inside the Mini-Library. While seated and writing, she heard a tapping sound, looked over, and saw petitioner standing less than a meter away, holding a binder with his left hand and masturbating with his right.
- Terrified, she moved to the reception area to finish the exam, then reported the incident to her classmate, mother, and university security, leading to petitioner’s arrest and a formal complaint.
- Defense Version
- Petitioner denied any lascivious conduct, explaining he was arranging books in the Mini-Library with his zipper torn and held his pants up for practical reasons. He asserted the library was well-lit and frequented, and he merely held books.
- He claimed AAA volunteered to take the exam there, finished it in the reception area, and that security officers found no discharge upon inspecting his underwear. An ad hoc university committee cleared him administratively.
- RTC Decision
- The Regional Trial Court found petitioner guilty beyond reasonable doubt of violating Section 5(b) of R.A. No. 7610, ruling masturbation is lascivious conduct under the implementing rules.
- Petitioner was sentenced to 8 years and 1 day to 17 years, 4 months and 1 day imprisonment, plus civil indemnity (₱20,000), moral (₱30,000) and exemplary damages (₱2,000).
- CA Decision
- On appeal, the Court of Appeals held evidence insufficient for Section 5(b) but established all elements of Section 10(a) of R.A. No. 7610 (other acts prejudicial to child development).
- CA imposed an indeterminate sentence of 4 years, 9 months and 11 days to 6 years, 8 months and 1 day, with civil indemnity (₱10,000) and moral damages (₱20,000).
Issues:
- Whether the Court of Appeals erred in convicting petitioner under Section 10(a) of R.A. No. 7610.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)