Case Digest (G.R. No. 164733)
Facts:
Michael John Z. Malto v. People of the Philippines, G.R. No. 164733, September 21, 2007, the Supreme Court First Division, Corona, J., writing for the Court.Petitioner Michael John Z. Malto (a college professor) was criminally charged in the Pasay City RTC, Branch 109, in Criminal Case No. 00-0691 for acts alleged to have occurred between November 1997 and 1998 involving complainant AAA, a student who was 17 at the time. The original information charged a violation of Section 5(b), Article III of RA 7610 (the Anti-Child Abuse Law) but was later amended to allege violation of Section 5(a), Article III. Petitioner did not enter a plea at arraignment and the trial court entered a plea of not guilty for him; mandatory pre-trial and trial on the merits then followed.
The prosecution’s evidence described repeated incidents: petitioner’s sexualized conduct and invitations to view pornographic films (October 1997); two lodge encounters on November 19 and 26, 1997 during which petitioner kissed, touched and attempted intercourse with AAA and on November 26 pressured and ultimately had sexual intercourse with her; persistent paging and calls; and a prospective threat to end their relationship to pressure compliance. AAA later ended the relationship in July 1999 and, upon learning of petitioner’s prior discipline and dismissal from other schools for sexual relations with students, confided in her mother BBB, who filed administrative and criminal complaints.
Petitioner denied the incidents or asserted alibi for some dates and claimed that sexual relations were consensual and occurred after AAA turned 18 (January 1999 onward), asserting a "sweetheart" relationship. The trial court (Judge Lilia C. Lopez) found petitioner guilty on March 7, 2001 of violating Article III, Section 5(a), paragraph 3 of RA 7610 and sentenced him to reclusion temporal in its medium period to reclusion perpetua and awarded P75,000 civil indemnity and P50,000 moral and exemplary damages.
On appeal, the Court of Appeals (Special Tenth Division, penned by Associate Justice Magdangal M. de Leon) issued a July 30, 2004 decision affirming conviction but held that the factual allegations supported a violation of Section 5(b) (not 5(a)), corrected the indeterminate sentence by fixing minimum and maximum terms, and deleted the P75,000 civil indemnity award. The CA thus modified the penalty to an indeterminate sentence with minimum Eight (8) Years and One (1) Day of prision mayor as minimum and Seventeen (17) Years, Four (4) Months and One (1) Day of reclusion temporal as maximum, and deleted the P75,000 civil indemnity.
Petitioner filed a petition for review under Rule 45 of the Rules of Court seeking reversal of his conviction. The Supreme Court denied the petition, found that the facts alleged and proven supported conviction under Section 5(b), Article III of RA 7610, he...(Subscriber-Only)
Issues:
- Was the erroneous statutory designation in the information fatal to prosecution such that petitioner must be acquitted?
- Did the prosecution prove the elements of violation of Section 5(b), Article III of RA 7610 beyond reasonable doubt?
- Is the "sweetheart theory" (consent of the minor) a valid defense to a charge under Section 5, Article III of RA 7610?
- Is petitioner entitled to the benefits of the Indeterminate Sentence Law although convicted under a special law (RA 7610)?
- Were the awards of civil indemnity, moral and...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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