G.R. No. 228980 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Positive Testimony of Victim Sufficient to Convict
In November 2010, AAA, a 15-year old girl, filed a criminal case against Marvin Villanueva. AAA alleged that when she and BBB were walking up a non-working escalator on their way home from school, Marvin went behind AAA and she felt Marvin lift her skirt and thereafter he touched her butt. BBB corroborated AAA’s testimony. BBB said she saw Marvin walked behind AAA and BBB was the one who shouted for help which resulted in Marvin’s apprehension. In his defense, Marvin testified that he merely tried to walk past AAA and BBB; that he was holding two cellphones at that time (one in each hand); and that he could not have committed the crime in a crowded place and in broad daylight. Marvin also argued that AAA at 15 is already in an age of conditional responsibility and as a senior high school, AAA is capable of devious schemes such as lying. The primary evidence against Marvin were the testimonies of AAA and BBB.
ISSUE: Whether or not there is sufficient evidence to convict Marvin.
HELD: Yes. The testimony of AAA was given full credence. When the offended parties are young and immature girls, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability, but also the shame and embarrassment to which they would be exposed if the matter about which they testified were not true. Further, AAA’s testimony was corroborated by BBB.
Marvin’s defense of denial, which is inherently weak, is defeated by the positive testimony of AAA. Further, Marvin’s testimony was unsubstantiated.
Nevertheless, the Supreme Court is aware that the severity of the penalty imposed on Marvin is disproportionate to the crime committed but It stated that courts are dutybound to impose the penalty prescribed by law. The penalty prescribed by law for violations of Sec. 5b of R.A. No. 7610 is reclusion temporal medium to reclusion perpetua. Applying the indeterminate sentence law, Marvin was sentenced to a minimum of 14 years 8 months of reclusion temporal as minimum to 20 years of reclusion temporal as maximum. The SC submitted to the President for the study and possible amendment of the law.
