G.R. No. 163866 - Olivarez vs. Court of Appeals

Petitioner Isidro Olivarez was charged with violating Section 5, Republic Act No. 7610 (R.A. 7610) for acts of lasciviousness against Cristina B. Elitiong, a 16-year-old high school student.
Complaint filed by Cristina Elitiong with the Municipal Trial Court of San Pedro, Laguna; information filed by the prosecution based on the complaint.
The information alleged that on or about July 20, 1997, Olivarez committed acts of lasciviousness by touching Cristina’s breasts and kissing her lips against her will.

Cristina and her brothers were employed by Olivarez in making sampaguita garlands at his residence, working weekends for about one year.
At around 11:30 A.M. on July 20, 1997, Olivarez called Cristina near the main door, questioned whether she informed her mother he gave her money, then embraced and held her breast.
He pulled her to the kitchen, closed the door, and kissed her lips; Cristina pushed him away and returned to work, crying.
Cristina later informed her mother of the incident; a formal complaint was filed on July 26, followed by statements to police.

Olivarez claimed he woke early, saw Cristina sleeping, admonished her to join her brothers in the basement, then left the house at 10 A.M. to the Caltex station; returned at 12:30 P.M.
His daughter and laundrywoman corroborated his absence during the time the offense allegedly occurred.
At a barangay meeting, Olivarez refused to pay the demanded P30,000 settlement, asserting innocence.

Trial court found Olivarez guilty of violating Section 5 of R.A. 7610, sentenced to 8 years and 1 day to 17 years, 4 months, and 1 day imprisonment, ordered to pay P15,000 moral damages and costs.
Court of Appeals affirmed the conviction and denied the motion for reconsideration.

Olivarez argued the information failed to allege essential elements of the offense – specifically, Cristina’s age and that she was a child exploited in prostitution or subjected to sexual abuse – thus violating his right to be informed of the charge.
Petitioner invoked denial of due process based on incomplete information and sought acquittal.

Whether the failure to allege in the information the essential elements of the offense under Section 5, Article III of R.A. 7610, specifically the age of the offended party and the fact that she was a child exploited in prostitution or subjected to other sexual abuse, violated the accused’s constitutional right to be informed of the nature and cause of the accusation against him.
Whether the acts of lasciviousness committed by the petitioner constituted a violation of Section 5 of R.A. 7610 given the circumstances and evidence.
Whether the omission in the information regarding the specific provision of law violated due process and warranted acquittal.