Title
Encinares y Ballon vs. People
Case
G.R. No. 252267
Decision Date
Jan 11, 2021
Petitioner convicted of lascivious conduct under RA 7610 for sexually abusing a minor, with modified penalties and damages awarded to the victim.
child abuse
exploitation
discrimination

Case Summary (G.R. No. 252267)

Factual Background

The prosecution alleged that petitioner, then Vice President of the xxxxxxxxxxx High School General Parents Teachers Association, befriended AAA, then age sixteen and the Citizenship Advancement Training Corps Commander, by assisting the school and providing cellular load and offers of financial assistance. The prosecution reported that on the evening of December 27, 2011, petitioner invited AAA to drink at his house, then offered him a place to sleep when transportation was unavailable. While AAA was sleeping and allegedly intoxicated, petitioner put AAA’s penis into his mouth and “played with it” for ten minutes. AAA testified that he tried to resist but was too drunk. An Information charged petitioner with violation of Section 10 (a) of RA 7610.

Defense Assertions and Supporting Evidence

Petitioner denied the charges and asserted that he and AAA were friends who exchanged favors, that AAA sought permission to sleep in petitioner’s house and was told to sleep on the sofa, and that other persons were present in the house and the lights were on, making the alleged acts impossible. Petitioner claimed that AAA’s accusation was prompted by AAA’s uncle, BBB, to extort money. Defense witnesses included Erlinda Galiano, who testified that she witnessed AAA sign a handwritten affidavit of withdrawal, recantation, and desistance without a guardian; and community leaders who issued character certificates for petitioner.

Trial Court Proceedings and Ruling

The RTC found the prosecution proved all elements of the charged offense beyond reasonable doubt and credited AAA’s positive, direct, spontaneous, and candid testimony. The RTC rejected petitioner’s denial and alibi, reasoning that lust respects no time and place. The RTC discounted the handwritten withdrawal and recantation because AAA was a minor when he executed it and was unassisted by a guardian, and because it had not been presented during preliminary investigation. By Decision dated July 27, 2018, the RTC convicted petitioner of violation of Section 10 (a) of RA 7610 and sentenced him to an indeterminate term of four years, nine months, and eleven days of prision correccional as the minimum, to six years and one day of prision mayor as the maximum, and ordered payment of costs.

Court of Appeals Proceedings and Ruling

Petitioner appealed to the Court of Appeals. In a Decision dated November 27, 2019, the CA affirmed the RTC’s conviction under Section 10 (a), reiterating its acceptance of the trial court’s credibility findings and rejecting petitioner’s unsubstantiated defenses. The CA echoed the trial court’s observation that sexual offenses may occur even where others are present. Petitioner’s motion for reconsideration was denied in a Resolution dated March 10, 2020.

Issue Presented to the Supreme Court

The question presented was whether the Court of Appeals erred in convicting petitioner of violation of Section 10 (a) of RA 7610 as charged in the Information.

Scope of Review

The Supreme Court observed that an appeal in a criminal case opens the entire case for review and that the appellate court has full jurisdiction to examine the records, correct errors, and cite the proper penal provision. The Court proceeded to review the factual findings and legal classification of the offense in light of the record.

Classification of the Offense under RA 7610

The Court compared the statutory provisions. It noted that Section 5 (b) of RA 7610 penalizes those who commit “sexual intercourse or lascivious conduct” with a child subjected to sexual abuse, while Section 10 (a) punishes other acts of child abuse not specifically covered by the Act. The Court referred to the Implementing Rules and Regulations’ definition of “lascivious conduct” as including “the intentional touching, either directly or through clothing, of the genitalia … or the introduction of any object into the genitalia, anus or mouth,” and similar acts intended to arouse or gratify sexual desire. Citing People v. Tulagan, the Court applied that definition to the acts proven in the record.

Application of Law to Facts

The Court found that the evidence—petitioner placing AAA’s penis in his mouth and playing with it for ten minutes—squarely constituted lascivious conduct as defined in the Implementing Rules and Regulations and as contemplated by Section 5 (b) of RA 7610. The Court therefore concluded that the offense was specifically covered by Section 5 (b) and not by the residual provision Section 10 (a). The Court applied the settled rule that the character of the crime is determined by the facts alleged in the Information and not by the caption or statutory label used by the prosecutor, citing People v. Delector. The Information’s factual recital was sufficient to charge lascivious conduct, citing People v. Dimaano on the sufficiency requirement.

Modification of Conviction, Penalty, and Damages

The Supreme Court modified petitioner’s conviction from Section 10 (a) to Section 5 (b) of RA 7610. The Court explained the proper penalty for Section 5 (b) is reclusion temporal in its medium period to reclusion perpetua. Applying the Indeterminate Sentence Law, which may be applied despite RA 7610’s status as a special law, the Court fixed the indeterminate sentence by taking the minimum from the penalty next lower in degree and the ma

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