Title
Awas vs. People
Case
G.R. No. 203114
Decision Date
Jun 28, 2017
Petitioner convicted of acts of lasciviousness against a 10-year-old minor; SC affirmed CA’s decision, modified penalties, and deleted fine.
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Case Digest (G.R. No. 203114)

Facts:

  1. Parties Involved:

    • Petitioner: Virgilio Labandria Awas
    • Respondent: People of the Philippines
    • Victim: AAA, a 10-year-old minor (DOB: June 30, 1999)
  2. Incident Details:

    • On January 24, 2010, in Valenzuela City, Metro Manila, the petitioner allegedly inserted his finger into the vagina of AAA, a minor, against her will and without her consent.
    • The petitioner was the boyfriend of AAA’s sister.
    • AAA testified that the petitioner called her into a room, touched her vagina, made her lie down beside him, and warned her not to tell her parents.
    • AAA was wearing leggings and panties during the incident, and the petitioner did not remove her clothing.
    • AAA’s brother discovered her crying and informed their mother, who reported the incident to the police.
  3. Medical Examination:

    • A medico-legal examination revealed no physical evidence of sexual abuse, as AAA’s genitalia appeared normal.
  4. Defense’s Version:

    • The petitioner denied the allegations, claiming he was falsely accused.
    • He stated that he rarely visited his girlfriend’s house due to work commitments and was surprised when accused of rape.
    • He alleged that AAA’s mother held a grudge against him.
  5. Trial Court Decision:

    • The Regional Trial Court (RTC) found the petitioner guilty of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610.
    • He was sentenced to 12 years and 1 day to 15 years, 6 months, and 20 days of imprisonment, along with moral damages and a fine.
  6. Court of Appeals Decision:

    • The CA affirmed the RTC’s decision but modified the penalties, increasing the civil indemnity, moral damages, and exemplary damages.

Issue:

  1. Whether the Court of Appeals erred in affirming the trial court’s decision despite the prosecution’s alleged failure to prove the petitioner’s guilt beyond reasonable doubt.
  2. Whether the circumstances surrounding the alleged lascivious conduct were consistent with human experience.
  3. Whether the petitioner’s defense of fabrication by AAA’s mother was credible.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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