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, the petitioner, with lewd design and by means of force, threat, and/or intimidation, 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, the petitioner, who was the boyfriend of AAA’s older sister, entered AAA’s room, locked the door, confided about possibly impregnating her sister, and after AAA gave him contraceptive pills for her sister, threatened to tell her friends about the pills unless she removed her shirt. AAA complied out of fear for her reputation, after which the petitioner mashed her breast. AAA pushed him out and reported the incident almost a month later after learning the petitioner was spreading false rumors about her. The 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 the petitioner under Article 336 of the Revised Penal Code. On appeal, the Court of Appeals modified the conviction, finding the 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), citing that AAA was a child under said law at the time of the incident.

ISSUE

Whether the Court of Appeals erred in affirming the petitioner’s conviction despite alleged inconsistencies in the private complainant’s testimony, the prosecution’s alleged failure to prove guilt beyond reasonable doubt, and in disregarding the petitioner’s defense of denial.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ ruling with modification, holding the petitioner guilty of Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610. The Court upheld the credibility of AAA’s testimony, finding it clear, straightforward, and consistent, and noted that the assessment of witness credibility by the trial court is generally binding. The alleged inconsistencies between AAA’s sworn affidavit and court testimony were deemed minor and did not affect her core narrative. The Court found the elements of the crime under R.A. No. 7610 present: 1) the petitioner committed an act of lasciviousness (mashing AAA’s breast); 2) the act was done with the coercion or influence of an adult (through the threat to expose AAA); and 3) AAA was a child under 18 years old at the time. The defense of denial was properly rejected for being uncorroborated and self-serving. The penalty imposed by the Court of Appeals was sustained: 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, with orders to pay civil indemnity, moral damages, exemplary damages, and a fine, all with legal interest.