Case Digest (G.R. No. 197712)
Facts:
- The case involves Nonito Imbo y Gamores (petitioner) against the People of the Philippines (respondent).
- The Supreme Court rendered its decision on April 20, 2015.
- The events occurred in Quezon City, Philippines, between October 14, 2003, and January 25, 2004.
- The petitioner was charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) and Section 5, Article III of Republic Act No. 7610.
- The Information alleged that the petitioner committed acts of lasciviousness against his 11-year-old daughter, AAA, using force and intimidation.
- AAA testified that the petitioner licked her vagina and touched her breasts while they were asleep.
- The petitioner denied the allegations, claiming they were fabricated due to a domestic dispute.
- The trial court found AAA's testimony credible and convicted the petitioner, sentencing him to an indeterminate prison term and damages.
- The Court of Appeals affirmed the trial court's decision, leading the petitioner to seek a review from the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the Court of Appeals did not err in crediting AAA's testimony.
- The Supreme Court affirmed the imposition of the penalty under Section ...(Unlock)
Ratio:
- The Supreme Court upheld AAA's testimony, stating that a credible victim's account can establish the accused's guilt.
- The Court noted that sexual abuse often occurs in private, making corroboration challenging.
- Inconsistencies in the petitioner's claims were insufficient to discredit AAA's testimony.
- The Court emphasized that denial and alibi are weak defenses against credible witness identification.
- The...continue reading
Case Digest (G.R. No. 197712)
Facts:
The case involves Nonito Imbo y Gamores (petitioner) against the People of the Philippines (respondent), with the decision rendered on April 20, 2015, by the Supreme Court of the Philippines. The events leading to the case occurred in Quezon City, Philippines, between October 14, 2003, and January 25, 2004. The petitioner was charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5, Article III of Republic Act No. 7610, which provides special protection for children against abuse and exploitation. The Information alleged that during the specified period, the petitioner, using force and intimidation, committed acts of lasciviousness against his 11-year-old daughter, AAA, by forcing her to remove her shorts, touching her breasts and private parts, and kissing her.
Upon arraignment, the petitioner pleaded not guilty. During the pre-trial, both parties stipulated that AAA was a minor and that the petitioner was her father. At trial, AAA testified that she was awakened one night by her father licking her vagina and mashing her breasts while they were asleep in their home. Despite her attempts to call for her mother, CCC, who was sleeping outside the room, no one responded, and the petitioner fled when AAA continued to shout. The following day, AAA disclosed the incident to her mother.
The petitioner denied the allegations, claiming they were fabricated by his wife, CCC, following a domestic dispute. He asserted that he was at work during the day and that no crime occurred. The trial court fou...