GR 203785; (January, 2021) (Digest)
G.R. No. 203785 , January 20, 2021
Pedrito Valenzona, Petitioner, vs. People of the Philippines, Respondent.
FACTS
Petitioner Pedrito Valenzona, a Grade VI teacher, was charged with nine counts of Attempted Rape against his 11-year-old student, AAA. The Informations alleged that on various dates from June to July 1998, inside the computer room of Franciscan College of Immaculate Conception in Baybay, Leyte, petitioner, with lewd design and moral ascendancy over AAA, laid on top of her, pulled down her underwear, made pumping motions with his male organ on her pubic area while embracing and kissing her, but did not penetrate her vagina as her thighs remained closed, causing him to ejaculate. During arraignment, petitioner pleaded not guilty. The prosecution presented AAA’s detailed testimony describing each incident of sexual abuse. AAA’s mother, BBB, noticed AAA’s unusual behavior and, upon confrontation, AAA confessed the abuse, leading to a report to school authorities and the police. Petitioner denied all allegations, presenting alibis for each date and claiming the accusations stemmed from AAA’s resentment after he scolded her for not remitting student body funds.
ISSUE
Whether the Court of Appeals erred in affirming petitioner’s conviction for nine counts of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610 .
RULING
The Supreme Court denied the petition and affirmed the conviction. The Court found no compelling reason to depart from the factual findings of the trial court and the Court of Appeals, which are accorded respect and finality on matters of witness credibility. The elements of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to RA 7610 were present: petitioner committed lewd acts by kissing, embracing, and mounting AAA while both were partially naked, and he ejaculated; these acts were done through force or intimidation, given his moral ascendancy as AAA’s teacher; and AAA was a child below 18 years old at the time. The Court held that the offense proved (Acts of Lasciviousness) is included in the offense charged (Attempted Rape), as the essential elements of the former constitute part of those constituting the latter, allowing conviction under the proven lesser offense. The penalties and damages imposed by the lower courts were affirmed.