Valenzona v. People
REITERATIONFacts
The Antecedents: Pedrito Valenzona, a Grade VI teacher at Franciscan College of Immaculate Conception (FCIC) in Baybay, Leyte, repeatedly sexually abused his 11-year-old pupil AAA in the school computer room across nine incidents from June 10 to July 30, 1998. On June 10, he excused AAA to encode campaign materials, dismissed the other student Lycelle Kirong, locked the door, kissed AAA, laid her on a table, pulled her underwear to her knees, raised her skirt, mounted her, made pumping motions on her pubic area without penetration (thighs closed), and ejaculated upon hearing a knock. Similar modus operandi repeated: June 16 (summoned her, laid on table, half-naked pumping); June 19 (leaned on table, kissed, touched breast, laid down); June 23 (same as prior, pumping until ejaculation); June 26 (half-naked on table, touched vagina, pumping); July 8 (forced kiss, laid down, half-naked pumping); July 23 (locked door, laid on table, half-naked pumping); July 24 (continued prior task, repeated acts); July 30 (dismissed witness Harvey Managbanag, laid on table, half-naked pumping). AAA suffered sleeplessness and poor concentration; mother BBB noticed, confronted her, leading to report to principal and police. Valenzona denied, claiming alibis like elections prep, computer repairs, masses, classes, canteen practice, and motive as scolding for unremitted funds. Procedural History: Nine Informations for Attempted Rape filed; arraigned October 16, 2001, not guilty plea. RTC Branch 14, Baybay, Leyte convicted of 9 counts Acts of Lasciviousness (Art. 336 RPC re Sec. 5(b) RA 7610) on June 9, 2009: 12 years prision mayor min to 16 years reclusion temporal max per count; P100k moral, P50k exemplary each. CA affirmed conviction September 6, 2011 (CA-G.R. CR 01262), modified damages to P20k civil indemnity, P30k moral, P25k exemplary, P25k attorney's fees each. The Petition: Valenzona petitioned for review on certiorari, arguing CA erred affirming conviction for uncharged Acts of Lasciviousness violating right to be informed of accusation; AAA's testimony incredible (same place/time/manner); no immediate disclosure; alibis unrefuted.
Issue(s)
Whether petitioner can be convicted of Acts of Lasciviousness under Article 336, RPC in relation to Section 5(b), RA 7610 despite being charged with nine counts of Attempted Rape, without violating constitutional rights. Whether AAA's testimony is credible despite repeated incidents in same venue, approximate times, lack of penetration/outcry, and petitioner's alibis. Whether penalty and damages were properly imposed.
Ruling
Petition denied; CA Decision affirmed with modifications: indeterminate penalty of 12 years 1 day reclusion temporal min to 15 years 6 months 20 days max per count; P50k each civil indemnity/moral/exemplary damages + P15k fine per count, 6% interest from finality; delete attorney's fees.
Ratio Decidendi
On conviction for Acts of Lasciviousness despite charge of Attempted Rape: RTC/CA correctly convicted as elements concur: lewd acts (kissing, touching private parts/breasts/vagina, half-naked mounting/pumping on pubic area until ejaculation) via grave abuse of authority (teacher-pupil moral ascendancy); AAA 11 years old (Certificate of Live Birth); no penetration/attempt to insert penis into vagina, as alleged in Informations ('male organ not able to penetrate nor touch labia'). Acts of Lasciviousness necessarily included in Attempted Rape per variance doctrine (Rule 120, Secs. 4-5), allowing conviction for offense proved if elements alleged constitute it; no due process violation as facts support lesser crime (Lutap v. People; People v. Dagsa). Lascivious conduct under RA 7610 IRR: intentional touching genitalia/pubic area to gratify desire, subjecting child <18 to sexual abuse. Proper nomenclature: Acts of Lasciviousness re Sec. 5(b) RA 7610 for <12yo victim (People v. Tulagan). Trial court findings on credibility accorded finality absent glaring errors, as judge observed deportment (Estrella v. People). On credibility of AAA's testimony: No reason to disturb uniform RTC/CA findings; precise date/time not elements of RA 7610 offense, proven within limitations period (Fianza v. People); lust respects no time/place, possible in schools (People v. CCC). No standard victim reaction: silence/outcry absence due to fear/ascendancy, not incredulity (People v. XXX; People v. Navasero); AAA's behavior changes prompted disclosure. Alibis self-serving, uncorroborated; positive testimony prevails. On penalty/damages: For <12yo, reclusion temporal medium (14y8m1d-17y4m); indeterminate: min reclusion temporal min (12y1d-14y8m), max medium thereof (15y6m20d-16y5m9d) absent modifiers (People v. Dagsa). Damages up to P50k each per Tulagan; P15k fine (People v. Eulalia); 6% interest from finality; delete attorney's fees sans basis.
Main Doctrine
The elements of Acts of Lasciviousness under Article 336 of the RPC require: (1) commission of any act of lasciviousness; (2) under circumstances like grave abuse of authority or victim under 12; and (3) against another person. When committed against a child under 18 subjected to other sexual abuse via lascivious conduct, Section 5(b) of RA 7610 applies, defining lascivious conduct per its IRR as intentional touching of specified body parts with intent to abuse or gratify sexual desire. Such offense is necessarily included in Attempted Rape, allowing conviction under the variance doctrine (Rule 120, Secs. 4-5) without violating due process, as facts alleged support the lesser crime. For victims under 12, penalty is reclusion temporal in medium period (14 years 8 months 1 day to 17 years 4 months), with indeterminate sentence: minimum from reclusion temporal minimum (12 years 1 day to 14 years 8 months), maximum from medium (15 years 6 months 20 days to 16 years 5 months 9 days absent modifiers). Damages are P50,000 each for civil indemnity, moral, and exemplary, plus P15,000 fine, with 6% interest from finality, as standardized in recent jurisprudence.