Facts:

The case involves Avelino Angeles y Olano as the petitioner and the People of the Philippines as the respondent. The events pertinent to the case transpired on May 31, 2007, in Ternate, Cavite. The Cavite Provincial Prosecutor's Office filed an Information against Angeles for the crime of Acts of Lasciviousness under Article 336 of the Revised Penal Code. This was due to allegations made by Jacqueline Cruz y Riaz. According to the Information dated June 1, 2007, Angeles was charged with performing indecent acts against Cruz without her consent, specifically by lying on top of her and sucking her breast.

Upon arraignment, Angeles pleaded not guilty. During pre-trial, the only stipulations agreed upon were the identity of the accused and the court's jurisdiction. The case proceeded to trial where both parties presented their versions of events. Cruz explained that after returning home from a videoke session around 11 PM, she went to bed only covered by a towel. She was awa

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Facts:

Background of the Case

• The case involved petitioner Avelino Angeles y Olano, charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code.
• The accusation stemmed from an incident that occurred on May 31, 2007 in the Municipality of Ternate, Cavite, where it was alleged that the accused, acting on lustful impulses, committed acts of lasciviousness upon Jacqueline Cruz y Riaz.

Chronology of the Events

• Pre-Incident Activities
• On the afternoon of May 31, 2007, Jacqueline, her friend Zoray, and the housemaid Sheryl attended a karaoke session at the accused’s “kubo.”
• The gathering involved singing, drinking, and socializing that continued into the early evening.
• Accused-appellant’s presence in the group was initially via invitation after arriving around 7:00 p.m. and later being requested by Jacqueline to remain longer.
• The Incident in the Bedroom
• After the gathering, Jacqueline returned home around 11:00 p.m., having taken a bath and donned only a bath towel.
• While in bed, she was awoken by a heavy presence, feeling someone licking and sucking her breasts.
• Upon opening her eyes, she saw the accused lying on top of her.
• In an immediate reaction, she pushed and kicked him while exclaiming profanities and accusing him.
• The accused, following her while repeatedly apologizing with phrases like “Mare, pasensiya na, pasensiya na, mali ako ng inakala sa iyo,” was involved in a pursuit as she attempted to escape.
• Subsequent Actions
• Jacqueline enquired with Sheryl about how the accused had entered the house; Sheryl indicated uncertainty.
• Both Jacqueline and Sheryl then proceeded to the police station to file a formal complaint.
• The accused was apprehended a few hours later based on the complaint and corroborative circumstances.

Conflicting Versions of Events

• Testimony of the Purported Victim (Jacqueline Cruz)
• Jacqueline recounted that she was asleep when she was disturbed by the sensation of the accused on her body.
• Her account stressed that she did not consent to the alleged lewd acts, emphasizing the non-consensual entry and subsequent physical repulsion.
• Accused-Appellant’s Version of the Events
• The accused admitted to entering the room but denied mounting Jacqueline and sucking her breasts.
• He claimed that earlier in the evening, after engaging in a friendly interaction during the karaoke session, Jacqueline had led him discreetly to a secluded area behind a mango tree where partial sexual contact (sucking of breasts) allegedly occurred.
• When returning to the house, he maintained that the door and gate being left open contributed to his entering without force, and upon Jacqueline’s abrupt reaction, he explained his behavior as a misunderstanding of an invitation.
• Testimony of a Third Witness
• Ismael T. Olano testified that he observed Jacqueline’s flirtatious behavior, her removal of her bra while dancing, and interactions that indicated some mutuality—such as Jacqueline pulling the accused’s head toward her breasts.
• This testimony was used to suggest that there might have been an invitation or at least ambiguous consent preceding the event.
• The Belated Affidavits
• Sheryl A. Alvarez, the housemaid, executed an initial Sinumpaang Salaysay outlining events consistent with the complainant’s narrative, describing the accused’s entry and presence in Jacqueline’s room.
• A second, belatedly executed affidavit by Sheryl, dated June 4, 2014, provided additional details that indicated another person was present during the incident and suggested that the entry might have been consensual, or that Jacqueline’s invitation had been extended.
• Due to its belated execution and failure to be marked during pre-trial proceedings, the second affidavit was not given substantial evidentiary weight by the Court.

Judicial Proceedings Prior to the Supreme Court

• Municipal Circuit Trial Court (MCTC) Decision (November 28, 2011)
• The MCTC found the accused guilty beyond reasonable doubt of Acts of Lasciviousness.
• The decision sentenced the accused to an indeterminate prison term combining arresto mayor and prision correccional, along with orders for payment of moral damages and civil indemnity.
• Regional Trial Court (RTC) Ruling
• The RTC, upon appeal by the accused, affirmed the MCTC’s decision.
• The RTC ruled that prior flirtatious incidents and the overall circumstances did not exonerate the accused.
• Court of Appeals (CA) Decision (February 28, 2014)
• The CA dismissed the accusation’s denial, holding that the complainant’s positive and categorical testimony outweighed the denial of the accused.
• The CA maintained that the uncorroborated but clear testimony of the victim was sufficient to uphold the conviction.

Issue:

Sufficiency of Evidence and Credibility of Testimonies

• Whether the evidence presented, in light of conflicting testimonies between the plaintiff (Jacqueline Cruz) and the accused, met the threshold of proving the act of lasciviousness beyond reasonable doubt.
• The role of the equipoise rule in resolving the conflict between the victim’s positive account and the accused’s denial.

Admissibility and Weight of the Belated Affidavit

• Whether the second Sinumpaang Salaysay executed by Sheryl Alvarez could be given evidentiary value, considering it was belated and not introduced during pre-trial proceedings.
• The implications of failing to designate Sheryl as a hostile witness and how this affects the weight attached to her testimony.

Interpretation of Consent and Invitation in Criminal Contexts

• Whether an invitation by the victim for sexual advances prior to the incident could be interpreted as consent to subsequent acts of lasciviousness.
• The timing and circumstances under which consent may be withdrawn, and how clear revocation of consent should affect the criminal liability of the accused.

The Element of Lewdness and Its Demonstration

• Whether the accused’s conduct met the criteria of “lewdness” as defined by jurisprudence, specifically relating to an act intended to excite crude sexual desire.
• Whether the acts alleged fall within the ambit of acts “committed with force, intimidation, or against the victim’s will,” which are required to criminalize the conduct under Article 336 of the RPC.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)