GR 175528; (September, 2009) (Digest)
G.R. No. 175528 ; September 30, 2009
PO3 BENITO SOMBILON, JR., Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner PO3 Benito Sombilon, Jr., a police officer, was charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. The prosecution established that on August 15, 1998, he investigated AAA, a 15-year-old minor, regarding a theft complaint at the Calinan Police Station in Davao City. Sombilon took AAA into a locked room, pointed a gun at her, electrocuted her fingers with a wire, and then, motivated by lewd design, touched her breasts, belly, and private parts and kissed her cheek against her will.
AAA’s mother brought her to a clinic where Dr. Manuel Garcia, Sr. noted physical injuries consistent with her account, including contusions on her forehead, fingers, and breast areas, and diagnosed her with slight physical injuries. The Regional Trial Court convicted Sombilon, appreciating the aggravating circumstance of taking advantage of public position, and sentenced him under the Indeterminate Sentence Law. The Court of Appeals affirmed the conviction but modified the penalty.
ISSUE
The core issues were: (1) whether Sombilon’s guilt was proven beyond reasonable doubt; and (2) whether the aggravating circumstance of taking advantage of public position was properly appreciated despite not being alleged in the Information.
RULING
The Supreme Court denied the petition and affirmed the conviction with modifications. On the first issue, the Court upheld the findings of the lower courts, emphasizing that the credibility of the young victim’s clear, consistent, and candid testimony, corroborated by medical evidence, was not impaired by minor inconsistencies. The defense of denial could not prevail over this positive identification.
On the second issue, the Court ruled that the aggravating circumstance of taking advantage of public position was correctly appreciated. While generally such circumstances must be alleged, an exception exists when it arises from the very nature of the crime or is proven by the evidence without objection. Here, Sombilon’s position as a police officer was integral to the commission of the crime, as he used his official authority to isolate and intimidate the victim during an investigation. This circumstance was established during trial without objection, justifying its consideration to increase the penalty.
However, the Court modified the penalty. Applying the Indeterminate Sentence Law, the maximum term was reduced to four years and two months of prision correccional, as the proper penalty should be within the medium period of the prescribed range. Moral damages were increased to ₱30,000.00, consistent with jurisprudence for acts of lasciviousness, while exemplary damages of ₱10,000.00 were affirmed.