Case Digest (G.R. No. 212562)
Facts:
Avelino Angeles y Olano v. People of the Philippines, G.R. No. 212562, October 12, 2016, Supreme Court Third Division, Perez, J., writing for the Court.Petitioner Avelino Angeles y Olano (accused-appellant) was charged by Information dated June 1, 2007 with the crime of Acts of Lasciviousness under Article 336 of the Revised Penal Code for alleged acts on May 31, 2007 upon private complainant Jacqueline Cruz y Riaz. Upon arraignment he pleaded not guilty and pre-trial stipulations were limited to his identity and the court’s jurisdiction. Trial on the merits followed.
The prosecution’s primary witness, Jacqueline, testified that she awoke around 11:00 p.m. to the weight of someone on top of her and felt somebody sucking her breasts; when she opened her eyes she saw petitioner and she then pushed and kicked him and fled to report the incident to police. Cross-examination elicited that earlier that day Jacqueline and petitioner had socialized at petitioner’s “kubo,” that Jacqueline had removed her bra while dancing and had engaged in fondling with petitioner near a mango tree, and that Jacqueline apparently invited petitioner to follow her home. Petitioner’s account was that much of the contact was consensual—he admitted sucking her breasts at the mango tree and denied mounting and sucking her while she was asleep; he maintained he entered Jacqueline’s home believing himself invited and that, upon her pushing him, he immediately apologized and left.
A housemaid, Sheryl A. Alvarez, gave a sworn statement at the police station on June 1, 2007 describing events and stating she woke to find petitioner inside Jacqueline’s room; the prosecution sought to present her as a hostile witness at trial but did not do so. Years later Sheryl executed a second sworn affidavit dated June 4, 2014 that contradicted the prosecution’s case and supported petitioner’s version; that affidavit was not marked during pre-trial nor formally offered at trial.
The 1st Municipal Circuit Trial Court (MCTC), Maragondon, Cavite, rendered judgment on November 28, 2011 finding petitioner guilty of Acts of Lasciviousness and sentencing him to an indeterminate prison term and ordering damages. Petitioner appealed to the Regional Trial Court (RTC), Branch 15, Naic, Cavite, which by Order dated July 24, 2012 affirmed the MCTC decision and denied the appeal. Petitioner elevated the case to the Court of Appeals (CA) vi...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the elements of Acts of Lasciviousness under Article 336 of the Revised Penal Code?
- Can the accused’s denial and alibi be overcome by the private complainant’s positive testimony, or does the equipoise rule require acquittal?
- What is the admissibility and evidentiary weight of the belatedly executed affidavit of th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)