G.R. No. 128777 - PEOPLE OF THE PHILIPPINES, VS. ERNESTO LARIN Y BONDAD, ACCUSED-.

Ruling

ACCORDINGLY, this Court finds accused Ernesto Larin y Bondad GUILTY beyond reasonable doubt of the crime of violation of Section 5(b) of Republic Act No. 7610 and hereby sentences him to suffer the penalty of [r]eclusion [p]erpetua with all its attendant accessory penalty and to indemnify AAA [in] the sum of ONE HUNDRED THOUSAND (P100,000.00) PESOS as moral damages. "Pursuant to Supreme Court Administrative Circular No. 2-92 dated January 20, 1992, the bail bond posted by the accused for his provisional liberty is hereby cancelled and accused is ordered confined at the National Penitentiary pending resolution of his appeal." State Prosecutor Lilian Doris S. Alejo accused herein appellant of violating Section 5(b), in relation to Section 31(e) of RA 7610, in the following Information [3] dated May 27, 1996: "The undersigned, upon the prior sworn complaint of the offended party, fourteen (14) year old AAA, assisted by her parents Spouses Rene and Susan Calumpang , accuses ERNESTO LARIN Y BONDAD of violation of Sec. 5(b) in relation to Sec. 31(e) of RA 7610 (An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and for Other Purposes) committed as follows: "That on or about April 17, 1996, inside the ladies shower room located at the Bakers Hall, UP Los Baños, Laguna, and within the jurisdiction of this Honorable Court, the above-named accused, who is a public employee of the U.P. Los Baños, by taking advantage of his authority, influence and moral ascendancy as trainor/swimming instructor of minor AAA, and through moral compulsion, did then and there, willfully, unlawfully and feloniously, commit lascivious conduct on the person of said minor AAA by shaving her pubic hair, performing the lewd act of cunnilingus on her, licking her breasts, forcing her to hold and squeeze his penis; and forcibly kissing her on the cheeks and lips the day after, against her will and consent, to her damage and prejudice." [4] When arraigned on July 17, 1996, [5] the appellant, with the assistance of Counsel de Parte Cayetano T. Santos, entered a plea of not guilty and thereafter waived the pretrial proceedings. After trial in due course, the court a quo rendered its assailed Decision. Hence, this appeal. [6] Statement of Facts Version of the Prosecution The prosecution presented (1) AAA, the complainant herself; (2) Dr. Nectarina Rabor-Fellizar, who examined and determined that AAA had not been raped, though her pubic hair was partially shaved; (3) Susan Calumpang , the victims mother; and (4) Elizabeth Ventura, a practicing clinical child psychologist. Their testimonies were summarized by the trial court as follows: "On April 17, 1996, at around 4:00 oclock in the afternoon, after a practice swim at the university pool in Bakers Hall, U.P. Los Baños, [private complainant] proceeded to the bath house to shower and dress up; unknown to her, accused followed and th