Further, the CA found that petitioner committed lewd acts against AAA when he
kissed her on the lips and sucked her right breast.[38] Rejecting petitioner's
argument that the elements of force and intimidation were not established by the
prosecution, the CA held that petitioner's moral ascendancy or influence, being
AAA's teacher, substitutes for the element of force and intimidation.[39]
Accordingly, the CA sustained the penalty imposed by the RTC but modified the
amount of damages, awarding the sum of P25,000.00 as moral damages and
P25,000.00 as civil indemnity.[40] However, it deleted the award for exemplary
damages in the absence of any aggravating circumstances in this case.[41]
Petitioner's motion for reconsideration[42] was denied in a Resolution[43] dated
September 3, 2014; hence, this petition.
The Issue Before the Court
The sole issue for the Court's resolution is whether or not the CA erred in affirming
petitioner's conviction for acts of lasciviousness under Article 336 of the RPC, as
amended.
The Court's Ruling
The petition is bereft of merit.
At the outset, it bears to emphasize the recognized rule in this jurisdiction that the
assessment of the credibility of witnesses is a domain best left to the trial court
judge because of his unique opportunity to observe the deportment and demeanor
of a witness on the stand, a vantage point denied appellate courts; and when his
findings have been affirmed by the CA, these are generally binding and conclusive
upon this Court. While there are recognized exceptions to the rule, the Court found
no substantial reason to overturn the identical conclusions of the trial and appellate
courts on the matter of AAA's credibility.[44]
Acts of lasciviousness is defined and penalized under Article 336 of the RPC, which
reads:
Article 336. Acts of Lasciviousness. - Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished by prision correccional.
There must be a confluence of the following elements before conviction can be had
for such crime: (1) that the offender commits any act of lasciviousness or
lewdness; (2) that it is done under any of the following circumstances: (a) through