Case Digest (G.R. No. 203785)
Facts:
This is Pedrito Valenzona v. People of the Philippines, G.R. No. 203785, January 20, 2021, Supreme Court Third Division, Inting, J., writing for the Court. Petitioner Pedrito Valenzona (a Grade VI teacher at Franciscan College of Immaculate Conception) filed a petition for review on certiorari from the Court of Appeals Decision of September 6, 2011 in CA‑G.R. CR No. 01262; the CA had affirmed the June 9, 2009 Decision of Branch 14, Regional Trial Court (RTC), Baybay, Leyte. The RTC decision was penned by Judge Absalon U. Fulache; the CA decision was penned by Associate Justice Gabriel T. Ingles with Associate Justices Pampio A. Abarintos and Eduardo B. Peralta, Jr., concurring.Nine Informations originally charged petitioner with Attempted Rape for separate incidents dated between June 10 and July 30, 1998, each alleging petitioner excused his then‑11‑year‑old pupil, identified in records as AAA, into the school computer room, removed her underwear, mounted her, made pumping motions and ejaculated but did not penetrate her. At arraignment on October 16, 2001 petitioner pleaded not guilty. Trial ensued; the prosecution presented AAA’s testimony, her Certificate of Live Birth proving minority, and testimony recounting nine similar episodes of sexual contact and ejaculation. AAA’s mother, BBB, and school reports and police complaint were also offered.
The RTC, after trial, found petitioner guilty not of Attempted Rape but of nine counts of Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5(b) of Republic Act No. 7610 (special protection of children), sentencing him to 12 years prision mayor to 16 years reclusion temporal per count and awarding moral and exemplary damages and civil indemnity. On appeal the Court of Appeals affirmed the conviction but modified the damages and awarded attorney’s fees. Petitioner brought the case to the Supreme Court via ...(Subscriber-Only)
Issues:
- Was petitioner’s constitutional right to be informed of the nature and cause of the accusation violated when he was convicted of Acts of Lasciviousness though charged with Attempted Rape?
- Did the prosecution present credible and sufficient evidence to support conviction for nine counts of Acts of Lasciviousness under Article 336 RPC in relation to Section 5(b) of RA 7610?
- Are the penalties and damages imposed by the RTC/...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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