Title
Amployo y Ebalada vs. People
Case
G.R. No. 157718
Decision Date
Apr 26, 2005
Petitioner convicted under RA 7610 for repeated acts of lasciviousness against an 8-year-old, affirmed by courts with modified penalties, fines, and moral damages awarded.
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Case Digest (G.R. No. 157718)

Facts:

Background and Accusation
On 21 July 1997, Alvin Amployo y Ebalada (petitioner) was charged with violation of Section 5(b), Article III of Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act). The Information alleged that on or about 27 June 1997, and on prior dates, petitioner, with lewd design, committed acts of lasciviousness against Kristine Joy Mosquera, an eight-year-old minor, by touching her breast under threats and intimidation.

Incident Details
Kristine Joy was walking to school on the morning of 27 June 1997 when petitioner, her neighbor, emerged from hiding and touched her head, shoulder, and breast multiple times. Petitioner warned her not to report the incident. This was not the first occurrence; similar incidents had happened before, even when Kristine Joy was in Grade II.

Investigation and Psychological Report
Kristine Joy eventually confided in her grandmother, who informed her mother, Gnelida Mosquera. The matter was reported to the barangay, DSWD, and the police. A DSWD psychologist, Lucrecia Cruz, examined Kristine Joy and found her to be a victim of sexual abuse, displaying signs of insecurity, anger, anxiety, and depression.

Trial Court Decision
The Regional Trial Court of Olongapo City found petitioner guilty beyond reasonable doubt and sentenced him to 14 years, 8 months, and 1 day to 17 years of reclusion temporal.

Court of Appeals Decision
The Court of Appeals affirmed the conviction but modified the penalty to 12 years and 1 day to 15 years, 6 months, and 20 days of reclusion temporal.

Issue:

  1. Whether the Court of Appeals erred in convicting petitioner of acts of lasciviousness under Section 5(b) of RA 7610, given the factual circumstances.
  2. Whether petitioner’s acts constitute lascivious conduct punishable under Section 5(b) of RA 7610.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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