Case Digest (G.R. No. 252267)
Facts:
In People of the Philippines v. Melvin Encinares y Ballon, petitioner Melvin Encinares, Vice President of the xxxxxxxxxxx High School General Parents Teachers Association, was charged by Information dated December 27, 2011, with violation of Section 10(a) of Republic Act No. 7610 for an act of child abuse against “AAA,” a 16-year-old CAT Corps Commander. The Information alleged that during a drinking session at petitioner’s residence, petitioner placed the minor’s penis in his mouth and “played with it” for ten minutes while the victim was inebriated. At trial before the Regional Trial Court (RTC) of xxxxxxxxxxx, petitioner denied the allegations, asserting mere friendship and alibi defenses, and claimed the victim was coerced by his uncle to file the case. Character witnesses and a purported handwritten recantation by the minor were presented. The RTC, in its July 27, 2018 Decision, found the testimony of AAA credible and convicted petitioner of violation of Section 10(a) of RACase Digest (G.R. No. 252267)
Facts:
- Parties and Case Origin
- Petitioner: Melvin Encinares y Ballon; Respondent: People of the Philippines.
- Criminal Case No. R-QZN-17-02854-CR before RTC; appealed to CA (CA-G.R. CR No. 42150); elevated to Supreme Court via G.R. No. 252267.
- Prosecution Allegations
- Petitioner, Vice President of a high school PTA, befriended AAA, a 16-year-old CAT Corps Commander, through provision of t-shirts, cellphone load, and promises of pension benefits.
- On the evening of December 27, 2011, petitioner invited AAA to drink; AAA became intoxicated, was told to sleep over, and while asleep, petitioner placed AAA’s penis in his mouth and “played” with it for about ten minutes.
- Defense and Trial Proceedings
- Petitioner denied the incident, claiming AAA’s voluntary stay on a sofa in the living room with family present under lit conditions, and alleged a money-extortion motive by the victim’s uncle.
- Defense witnesses: Erlinda Galiano (testified to AAA’s unassisted affidavit of withdrawal, recantation, and desistance), certification from Sitio Ruby Neighborhood Association president, and barangay captain attesting to petitioner’s moral standing.
- Lower Courts’ Findings
- RTC (July 27, 2018): Credited AAA’s testimony, rejected defense alibi and withdrawal affidavit, convicted under Section 10(a) of RA 7610; imposed indeterminate term of 4 years, 9 months, 11 days to 6 years, 1 day imprisonment.
- CA (November 27, 2019; Recons. denied March 10, 2020): Affirmed RTC decision, upheld credibility of prosecution witness, reiterated “lust respects no time and place.”
Issues:
- Whether the Court of Appeals erred in affirming conviction of petitioner under Section 10(a) of RA 7610 when the facts demonstrate lascivious conduct.
- Whether the appropriate statutory provision for petitioner’s acts is Section 5(b) (lascivious conduct) rather than Section 10(a) (other acts of child abuse).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)