G.R. No. 267315 , April 02, 2025
JAMES DUAVIT Y VILLACARLOS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner James Duavit y Villacarlos, a teacher and class adviser, was charged with two counts of Lascivious Conduct under Section 5(b) of Republic Act No. 7610 . The Informations alleged that on December 12 and 15, 2014, in Mandaluyong City, Duavit, taking advantage of his moral ascendancy over his 15-year-old student, AAA, willfully committed lascivious acts by touching and masturbating AAA’s penis inside their classroom after locking the doors. During pre-trial, the parties stipulated that Duavit was AAA’s class adviser, the trial court had jurisdiction, and AAA was 15 years old at the time of the incidents.
At trial, AAA testified that on December 12, 2014, Duavit locked the classroom doors, approached him, held his penis, and tried to erect it despite his pleas to stop. On December 15, 2014, Duavit again locked the doors, removed AAA’s bag placed over his private parts, touched his penis, exposed it, and masturbated it, stopping only when a classmate passed by. AAA reported the incidents to his mother, MMM, the next day. MMM corroborated this, detailing the subsequent reporting to police, the Department of Education, and the City Prosecutor. Dr. Cornelio Banaag, Jr., a psychiatrist, testified that AAA was diagnosed with Post-traumatic Stress Disorder following psychological evaluation, exhibiting symptoms like isolation, absences, and anxiety attacks.
Duavit, as the lone defense witness, denied the accusations. He claimed AAA had a propensity for sexual jokes and that the allegations were fabricated because Duavit had given AAA a failing grade in Mathematics, which, combined with AAA’s probationary status, threatened his dismissal from school. Duavit asserted the classroom was visible to passersby and presented an alibi for December 15, claiming he was elsewhere collecting raffle payments. He also stated no prior administrative or criminal cases had been filed against him in his 20-year teaching career.
The Regional Trial Court found Duavit guilty beyond reasonable doubt on both counts. The Court of Appeals affirmed the convictions but modified the penalty. Duavit filed a Petition for Review on Certiorari.

ISSUE

Whether the Court of Appeals erred in affirming petitioner James Duavit y Villacarlos’s conviction for two counts of Lascivious Conduct under Section 5(b) of Republic Act No. 7610 .

RULING

The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ Decision with MODIFICATION to the penalty. The Court held that all elements of Lascivious Conduct under Section 5(b) of R.A. 7610 were proven beyond reasonable doubt: (1) the accused committed a lascivious act under circumstances of sexual abuse; (2) the act was performed on a child, male or female; (3) the child was below 18 years of age; and (4) the child was subjected to coercion or influence. The Court found AAA’s testimony credible, consistent, and corroborated by his prompt reporting to his mother and the consequent psychological trauma diagnosed by a psychiatrist. The defense of denial and imputation of ill motive were insufficient to overcome the positive identification and credible narrative of the victim. The Court emphasized that the law protects children from abuse, and the victim’s failure to shout or flee does not negate the crime, especially given the accused’s moral ascendancy as a teacher.
The Court modified the penalty. For each count, applying the Indeterminate Sentence Law, Duavit is sentenced to an indeterminate penalty of twelve (12) years, ten (10) months, and twenty-one (21) days of reclusion temporal, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum. He is also ordered to pay AAA P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages for each count, with legal interest on all damages awarded at 6% per annum from finality of judgment until full payment.