G.R. No. 146555 - Cordova vs. Reyes, Daway, Lim, Bernardo, Lindo, Rosales Law Offices

Vivencio Roallos y Trillanes, a retired AFP officer and Executive Director of the Aguinaldo Vets and Associates Credit Cooperative (AVACC), was charged with sexual abuse under Section 5(b), Article III of Republic Act No. 7610.
The charge stemmed from an allegation of committing acts of lasciviousness on a minor, identified as AAA, who was 15 years old at the time of the incident.

The incident occurred on April 15, 2002, around 1:00 p.m. at the AVACC office located in Camp Aguinaldo, Quezon City.

AAA went to BBB’s office (her mother’s office) while waiting for BBB to return from errands.
While two women were present conversing with Roallos inside the office, AAA was left unattended.
Roallos, after ensuring no one was around by checking outside and locking the door, approached AAA.
He inquired about her wellbeing, and upon learning of a toothache, he began by holding and intermittently pressing her hand.
Roallos further inquired about other discomforts, placing his hand on the table and AAA’s shoulder, then proceeded to slide his hand toward her breasts, mashing them despite her protests.
AAA protested verbally ("Ano ba!") and physically resisted by stomping her feet and pushing her chair, but Roallos continued his conduct by sliding his hand towards her abdomen.
After Roallos temporarily left, AAA waited for her mother; however, upon BBB’s return she reported the incident as AAA began crying.
Subsequent events included BBB confronting Roallos, and both BBB and AAA leaving the office amidst apprehensions when Roallos was seen following them.
Seeking assistance, BBB and AAA sought help at the Department of National Defense (DND) office and then proceeded to file a police report, which eventually led to the arrest of Roallos.

The Information, docketed as Criminal Case No. Q-02-108825, alleged that Roallos committed acts of lasciviousness amounting to sexual abuse against a minor.
Although Roallos pleaded not guilty at arraignment, the trial proceeded with the prosecution establishing the requisite elements of the offense.

On July 26, 2007, the RTC of Quezon City, Branch 88, found Roallos guilty beyond reasonable doubt.
The RTC sentenced him to an indeterminate penalty ranging from eight (8) years and one (1) day of prision mayor medium to seventeen (17) years, four (4) months and one (1) day of reclusion temporal.
Additionally, the RTC imposed moral damages of ₱20,000.00 against Roallos.

Roallos’ motion for reconsideration was denied by the RTC on June 30, 2008.
The Court of Appeals, while affirming the RTC decision on April 29, 2011, modified the awards by increasing both moral damages and civil indemnity to ₱50,000.00 each.
A subsequent CA reconsideration petition filed by Roallos was likewise denied on August 19, 2011.

Roallos argued that the Information was defective and allegedly charged two distinct crimes (acts of lasciviousness under the RPC and sexual abuse under R.A. No. 7610).
He maintained that the proper charge was solely sexual abuse under Section 5(b), Article III of R.A. No. 7610.

Roallos contended that he was arrested without a warrant and was not afforded a preliminary investigation.
He further asserted that these irregularities amounted to a denial of due process.

He alleged that an unreasonable delay in prosecuting the case prejudiced his right to a speedy trial.

Roallos maintained that the evidence was insufficient to support a conviction beyond reasonable doubt.

He argued that the absence of signatures from both AAA and BBB rendered the Information defective and unauthorized.

Roallos contended that sexual abuse under Section 5(b) should only apply when a child is engaged in prostitution or is forced into lascivious conduct by an adult, which he claimed was not applicable in this case.

Whether the Court of Appeals erred in affirming the conviction of Vivencio Roallos y Trillanes for the offense of sexual abuse under Section 5(b), Article III of R.A. No. 7610.
Whether the alleged procedural irregularities—including claims of a defective Information, illegal arrest sans warrant, lack of preliminary investigation, and delay in trial proceedings—affected the due process rights of the accused.
Whether the evidence adduced was sufficient to establish Roallos’ guilt beyond reasonable doubt.
Whether the absence of signatures by AAA and BBB on the Information invalidates the charge filed against Roallos.
The proper interpretation and application of the law concerning the offense of sexual abuse under R.A. No. 7610, particularly regarding the circumstances under which its provisions apply.