Case Digest (G.R. No. 246702)
Facts:
Jan Victor Carbonell y Ballesteros, the petitioner, was accused of committing acts of lasciviousness on November 28, 2015, at a private residence in the City of Baguio when the alleged victim, "AAA", then fifteen years old, attended her mother's birthday celebration. The prosecution's version, which the courts below accepted, was that petitioner entered AAA's room, locked the door, intimated that he had impregnated AAA's sister, pressured AAA to give contraceptive pills to the sister, then threatened to tell AAA's friends that she was taking such pills unless AAA removed her shirt, and thereafter grabbed and mashed her breast before AAA pushed him out of the room; AAA later informed her mother, CCC, and a criminal complaint followed. Petitioner denied the accusation, claiming he stayed in the sister's room with others and that CCC filed the complaint because of a family dispute. The Regional Trial Court of Baguio City, Branch 4, convicted petitioner on June 15, 2017 of Acts of L...Case Digest (G.R. No. 246702)
Facts:
Jan Victor Carbonell y Ballesteros was accused of entering the room of AAA, a fifteen-year-old, on November 28, 2015 in Baguio City, threatening to expose her possession of contraceptive pills, and grabbing and mashing her breast. The Regional Trial Court, Branch 4, Baguio City, convicted petitioner of Acts of Lasciviousness under Article 336 of the Revised Penal Code on June 15, 2017; the Court of Appeals affirmed but modified the conviction to Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610, and petitioner appealed to the Court.Issues:
- Did the Court of Appeals gravely err in affirming petitioner's conviction notwithstanding the inconsistent testimony of the private complainant?
- Did the Court of Appeals gravely err in affirming the conviction despite the prosecution's alleged failure to prove guilt beyond reasonable doubt?
- Did the Court of Appeals err in disregarding petitioner's defense of denial?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)