Case Digest (G.R. No. 246231)
Facts:
Allan De Vera y Ante v. People, G.R. No. 246231, October 09, 2023, Special Third Division, Inting, J., Resolution. Petitioner Allan de Vera y Ante (petitioner) was criminally charged by information with violating Section 5(6) of Republic Act No. 7610 (RA 7610) for allegedly fondling and masturbating his penis in the presence of AAA, a 16‑year‑old college student, on July 7, 2012 at XXX University. Petitioner pleaded not guilty; pretrial and trial ensued in Branch 94, Regional Trial Court (RTC), Quezon City (Criminal Case No. Q‑12‑177236).At trial the prosecution presented AAA as the lone eyewitness, her mother BBB, and psychiatrist Dr. Angela Aida W. Halili‑Jao who diagnosed AAA with PTSD. The RTC credited AAA’s testimony and found petitioner guilty of lascivious conduct under Section 5(6) of RA 7610; it sentenced him to eight years and one day to 17 years, four months and one day and awarded civil and moral damages. Petitioner appealed to the Court of Appeals (CA, CA‑G.R. CR No. 39723), which modified the conviction to an offense under Section 10(a) of RA 7610 (other acts of child abuse), imposed an indeterminate sentence, and reduced damages.
Petitioner filed a Petition for Review on Certiorari under Rule 45 to the Court, which in a Decision dated January 20, 2021 (penalized in the Third Division, authored by Justice Delos Santos) denied the petition and affirmed the CA, holding that petitioner’s act constituted lascivious conduct and psychological abuse. Petitioner then filed a Motion for Reconsideration and a Supplement to Motion for Reconsideration before the Court, contesting credibility findings, sufficiency of evidence of masturbation, lewd design, psychological harm, causal link to PT...(Subscriber-Only)
Issues:
- May the Court re‑examine and reverse factual findings in a petition for review on certiorari arising from a criminal conviction?
- Should petitioner be acquitted of violating Section 10(a) of RA 7610 for allegedly masturbating in the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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