G.R. No. 246702, April 28, 2021
JAN VICTOR CARBONELL Y BALLESTEROS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner Jan Victor Carbonell y Ballesteros was charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. The Information alleged that on November 28, 2015, in Baguio City, with lewd design and by means of force, threat, and/or intimidation, he committed lascivious conduct on the person of “AAA,” a 15-year-old minor, by mashing her breasts against her will. The prosecution’s evidence established that during a birthday party at AAA’s house, petitioner, who was the boyfriend of AAA’s older sister, entered AAA’s room, locked the door, and confided he might have impregnated her sister. After AAA gave him contraceptive pills for her sister, petitioner threatened to tell her friends she had the pills unless she removed her shirt. Fearing for her reputation, AAA complied, and petitioner then mashed her breast, prompting her to push him out. AAA reported the incident to her mother almost a month later after learning petitioner was spreading false rumors about her. Petitioner denied the accusation, claiming he was with other friends in a different room during the party and that the complaint was filed because AAA’s sister started living with him against her mother’s wishes. The Regional Trial Court convicted petitioner under Article 336 of the Revised Penal Code. On appeal, the Court of Appeals modified the conviction, finding petitioner guilty of Acts of Lasciviousness under Section 5(b), Article III of Republic Act No. 7610 (the Special Protection of Children Against Abuse, Exploitation and Discrimination Act), imposing a higher penalty. Petitioner appealed to the Supreme Court, challenging AAA’s credibility and the sufficiency of evidence.

ISSUE

Whether the Court of Appeals erred in affirming petitioner’s conviction for Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610, despite alleged inconsistencies in the private complainant’s testimony and the prosecution’s purported failure to prove guilt beyond reasonable doubt.

RULING

The Supreme Court DENIED the petition and AFFIRMED the conviction with modification, holding petitioner GUILTY beyond reasonable doubt of Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610. The Court upheld the factual findings and credibility assessment of the lower courts, emphasizing that the trial court’s evaluation of witness credibility is accorded great respect and finality, especially for child witnesses whose youth and immaturity are badges of truth. The alleged inconsistencies in AAA’s testimony were deemed minor and did not affect her core narrative. The Court ruled that all elements of the crime under R.A. No. 7610 were present: (1) petitioner committed an act of lasciviousness by mashing AAA’s breast; (2) AAA was a child below 18 years old at the time (15 years old); and (3) the act was committed with the coercion or influence of an adult, as petitioner used a threat to force AAA’s compliance. The offense was properly classified under R.A. No. 7610, not the Revised Penal Code, due to AAA’s status as a child. Petitioner was sentenced to an indeterminate prison term of 10 years and 1 day of prision mayor as minimum to 17 years, 4 months, and 1 day of reclusion temporal as maximum, and ordered to pay AAA civil indemnity, moral damages, exemplary damages, and a fine, all with interest.