Case Digest (G.R. No. 175350) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines vs. Ernesto Larin y Bondad (G.R. No. 128777, October 7, 1998), the Regional Trial Court of Calamba, Laguna, Branch 34 convicted Ernesto Larin y Bondad, a U.P. Los Baños lifeguard/swimming instructor, for violating Section 5(b) of Republic Act No. 7610. The Information (May 27, 1996) alleged that on April 17, 1996, inside the women’s shower room at Bakeras Hall, U.P. Los Baños, Larin used his authority, influence and moral ascendancy over 14-year-old AAA, his swimming trainee, to shave her pubic hair, perform cunnilingus, lick her breasts, force her to squeeze his penis, and forcibly kiss her. AAA underwent medical and psychological examination, testified at trial, and filed her complaint assisted by her parents. The court of first instance found her testimony credible, sentenced Larin to reclusion perpetua with accessory penalties, ordered him to pay P100,000 moral damages, and cancelled his bail. Larin appealed, arguing insufficiency of evidence, in Case Digest (G.R. No. 175350) Expanded Legal Reasoning Model
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)