Case Digest (G.R. No. 157718)
Facts:
Alvin Amployo y Ebalada v. People of the Philippines, G.R. No. 157718, April 26, 2005, Supreme Court Second Division, Chico‑Nazario, J., writing for the Court.Petitioner Alvin Amployo y Ebalada (also known as Tikboy) was charged by Information dated July 21, 1997 with violation of Section 5(b), Article III of Republic Act No. 7610 for allegedly committing acts of lascivious conduct upon Kristine Joy Mosquera, an eight‑year‑old girl, on or about June 27, 1997 in Subic, Zambales. Upon arraignment petitioner pleaded not guilty. Trial ensued in the Regional Trial Court (RTC) of Olongapo City, Branch 72, presided by Judge Eliodoro G. Ubiadas. The prosecution presented the complainant Kristine Joy, her mother Gnelida Mosquera, and DSWD psychologist Lucrecia Cruz; petitioner’s demurrer to evidence was denied and he thereafter waived presentation of evidence.
The RTC found the petitioner guilty on September 22, 1999 and sentenced him to reclusion temporal in its medium period (14 years, 8 months and 1 day to 17 years) for Child Abuse under Section 5(b), Article III of RA 7610. The Court of Appeals (CA), in a decision penned by Associate Justice Oswaldo D. Agcaoili (with Cruz and Tolentino, JJ., concurring), affirmed the conviction but on motion for reconsideration modified the penalty to reclusion temporal of 12 years and one day to 15 years, six months and twenty days. Petitioner filed a petition for review on certiorari with the Supreme Court challenging (1) sufficiency of evidence to prove lewd design and thus acts of lasciviousness under Article 336 of the Revised Penal Code (RPC) and (...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in convicting petitioner of acts of lasciviousness under Article 336, RPC (i.e., was lewd design proved beyond reasonable doubt)?
- Do the proven acts constitute child sexual abuse under Section 5(b), Article III of RA 7610, or are they punishable only ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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