Case Digest (G.R. No. 246231)
Facts:
In Allan de Vera y Ante v. People of the Philippines (G.R. No. 246231, October 9, 2023), petitioner Allan de Vera, then an office assistant at the Filipino Department of XXX University in Quezon City, was charged on July 7, 2012 under Section 5(6) of Republic Act No. 7610 for lascivious conduct. The Information alleged that while proctoring a diagnostic exam for AAA, a 16-year-old student, petitioner fondled his penis and masturbated beside her, thus prejudicing her development and debasing her dignity. AAA testified that she heard a tapping sound, turned, and saw petitioner’s right hand moving on his penis while he held a binder in his left. She fled, reported to campus security, and later underwent psychiatric evaluation, receiving a PTSD diagnosis. Petitioner denied the allegations, explaining that his jeans zipper broke and he merely arranged books in a well-lit, public mini-library. At trial, the Regional Trial Court found AAA’s testimony credible and convicted petitioner oCase Digest (G.R. No. 246231)
Facts:
- Antecedents
- Information filed in RTC Q-12-177236 (Branch 94, Quezon City) charged Allan de Vera y Ante (petitioner) with violation of Section 5(6) of RA 7610 (lascivious conduct with minor AAA, 16 years old); petitioner pleaded not guilty.
- RTC convicted (Aug 2, 2016): found masturbation in victim’s presence as lascivious conduct under Sec. 5(6) RA 7610; sentenced to prision mayor (8 years + 1 day to 17 years 4 months + 1 day), ordered civil indemnity (₱20,000), moral (₱30,000) and exemplary damages (₱2,000).
- CA (CA-G.R. CR No. 39723) modified conviction to Section 10(a) RA 7610 (other acts of child abuse), imposed indeterminate sentence (4 years 9 months + 11 days to 6 years 8 months + 1 day), damages reduced to ₱10,000 civil indemnity, ₱20,000 moral damages, 6% interest.
- SC (Jan 20, 2021) affirmed CA: held masturbation before minor is psychological abuse; denied petitioner’s certiorari petition.
- Prosecution Version
- AAA went to Filipino Department mini-library at XXX University on July 7, 2012 for diagnostic exam, proctored by petitioner.
- While seated, she heard tapping like “skin slapping skin,” looked left, saw petitioner holding a binder in left hand and masturbating his penis with right hand.
- AAA reported incident to campus security; mother BBB assisted in police interview and translation; AAA underwent psychiatric consults and was diagnosed with anxiety, then PTSD.
- Defense Version
- Petitioner denied lewd intent—claimed broken zipper concealed by pulling shirt; was arranging books in mini-library.
- Door remained open; area was well-lit and frequented by others; no one corroborated masturbation; security found no stains on clothing; internal disciplinary committee cleared him.
- Motion for Reconsideration
- Petitioner alleged material inconsistencies in AAA’s testimony; reliance on “mere say-so”; absence of child participation or lewd design; insufficient proof of trauma; lack of intent to demean; undue damages; mitigating circumstances.
- OSG opposed: inconsistencies trivial; broken zipper irrelevant; masturbation need not involve contact; evidence of PTSD and specific intent proven; voluntary surrender not shown; damages proper.
- SC Reconsideration Ruling
- Granted Motion for Reconsideration and Supplement.
- Reversed SC Decision (Jan 20, 2021) and CA Decision; acquitted petitioner for failure to prove guilt beyond reasonable doubt.
Issues:
- Did the prosecution prove beyond reasonable doubt that petitioner masturbated in AAA’s presence?
- Did petitioner’s act cause serious or severe psychological harm to AAA?
- Did petitioner act with specific intent to debase, degrade, or demean AAA’s intrinsic worth and dignity?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)