Case Digest (G.R. No. 246146)
Facts:
CICL XXX, Child in Conflict with the Law, Petitioner, vs. People of the Philippines, Respondent, G.R. No. 246146, March 18, 2021, Supreme Court First Division, Peralta, C.J., writing for the Court. The petition for review on certiorari challenges the Court of Appeals’ September 27, 2018 Decision and March 4, 2019 Resolution in CA-G.R. CR No. 40165, which affirmed the Regional Trial Court, Quezon City, Branch 94, June 2, 2017 Decision finding petitioner guilty of Acts of Lasciviousness in Criminal Case No. R‑QZN‑15‑06050‑CR.The information charged that on August 30, 2012, petitioner, then 15 years old, pointed an icepick at the person of AAA (then also 15), embraced and kissed her lips to her neck, removed her garments, mashed her breasts and pulled down her panties, all allegedly without consent. Upon arraignment petitioner pleaded not guilty and the case proceeded to trial.
The prosecution’s evidence consisted principally of AAA’s testimony describing the assault inside the school campus at about 7:45 p.m.; she reported being grabbed, threatened with an icepick, kissed and molested until a teacher passed by, after which the assailant fled. AAA later told family members, reported the incident to school authorities, the barangay and the police Women’s Desk. The defense presented petitioner, his MAPEH teacher and classmates who testified that petitioner attended MAPEH that evening and was dismissed at 7:45 p.m., then rode a service vehicle and arrived home around 8:30 p.m.
The RTC found AAA’s testimony credible and convicted petitioner of Acts of Lasciviousness (Article 336, Revised Penal Code), sentencing him to twenty (20) days arresto menor, ordering payment of damages (₱20,000 civil indemnity; ₱30,000 moral; ₱2,000 exemplary) and suspending execution of sentence due to his minority. Petitioner appealed to the Court of Appeals, which in a Decision (pened by Justice Japar B. Dimaampao, with Justices Barrios and Inting concurring) dated September 27, 2018 affirmed the con...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit reversible error in affirming petitioner’s conviction for Acts of Lasciviousness, i.e., was the prosecution’s evidence insufficient to prove guilt beyond reasonable doubt?
- If petitioner is guilty, what is the correct legal designation of the offense, the proper penalty, and the appropriate award of damages and disposition...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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