Title
People vs. Larin y Bondad
Case
G.R. No. 128777
Decision Date
Oct 7, 1998
A swimming instructor at UPLB was convicted of lascivious acts against a 14-year-old student under RA 7610, affirmed by the Supreme Court with reclusion perpetua and reduced moral damages.

Case Digest (G.R. No. 175350)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Accused-appellant Ernesto Larin y Bondad, a public employee at the University of the Philippines Los Baños (UPLB), was charged with violating Section 5(b) in relation to Section 31(e) of Republic Act No. 7610 (the “Special Protection of Children against Abuse, Exploitation and Discrimination Act”).
    • The Information alleged that on April 17, 1996, inside the ladies’ shower room of Bakeras Hall, UPLB, the accused, by virtue of his authority, influence and moral ascendancy as coach/swimming instructor of 14-year-old AAA, and through moral compulsion, willfully and feloniously committed lascivious conduct on her person. The acts included shaving her pubic hair, performing cunnilingus, licking her breasts, touching her genitals, forcing her to squeeze his penis, and, the following day, forcibly kissing her on the cheek and lips.
  • Trial Proceedings and Evidence
    • Arraignment, a plea of not guilty, waiver of pre-trial, presentation of evidence, and rendition of the RTC Decision (Branch 34, Calamba, Laguna) convicting the accused beyond reasonable doubt. Sentence imposed: reclusion perpetua with accessory penalties and indemnity of ₱100,000 as moral damages; bail bond cancelled; accused ordered detained pending appeal.
    • Prosecution witnesses:
      • AAA (the minor offended party) – detailed account of the assault, her protests, nightmares, and decision to quit swimming.
      • Dr. Nectarina Rabor-Fellizar – medical examiner who found no penetration but noted shaving of pubic hair.
      • Susan Calumpang – victim’s mother, testified to filing of complaint.
      • Elizabeth Ventura – clinical child psychologist, opined on moral/psychological coercion and victim’s PTSD symptoms.
    • Defense witnesses:
      • Patricio Laurel – UPLB lifeguard, denied seeing lessons or bathroom events.
      • Veneranda Genio – PE Department chair, attested that Larin was a lifeguard, not a swimming instructor.
      • Elmer Suaz – student swimmer, saw AAA in pool but not in bathroom.
      • Rebuttal: Tony Anne Cortez – claimed Larin trained her and received fees; Sur-rebuttal by Almond Oquendo – denied that training and payment occurred.

Issues:

  • Whether the RTC erred in finding the accused guilty of violating Section 5(b) of RA 7610.
  • Whether the RTC properly credited the testimony of the 14-year-old victim.
  • Whether the penalty of reclusion perpetua and ₱100,000 moral damages was correctly imposed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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