Dear PAO,
My teen-aged son was touched in his private part by Mr. Y (his male teacher). This happened thrice in their school. I want to file a criminal case against him. During the scheduled dialogue with school authorities, Mr. Y claimed that my son's testimony is not credible for the reason that the location of the classroom where the alleged crime happened is always crowded by students who are passing by, hence, the victim should have resisted or shouted for help if his claim is true. I am now doubting if I will proceed with my complaint when I heard Mr. Y's statement. Is he correct?
Marlon
Dear Marlon,
The lascivious conduct complained of falls under Section 5 (b) of Republic Act (RA) 7610, as amended by Section 3 of RA 11648, which states:
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"SEC. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct., are deemed to be children exploited in prostitution and other sexual abuse x x x
"(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under sixteen (16) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 2, for rape and Article 336 of Act 3815, as amended, otherwise known as 'The Revised Penal Code,' for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under sixteen (16) years of age shall be reclusion perpetua in its medium period; and xxx"The statement of Mr. Y questioning the credibility of your son is of no moment. Please be guided by the pronouncement of the Supreme Court in Villacarlos vs. People of the Philippines, GR 267315, April 2, 2025, where the Supreme Court, speaking through Senior Associate Justice Marvic M.V. F. Leonen, stated that:
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"Petitioner's attack on the credibility of private complainant's testimony must fail. Contrary to his claim, sexual abuse may occur even within school premises. Sex offenders 'are not deterred from committing the odious act of sexual abuse by mere inconvenience or awkwardness of the situation or even by the presence of people or family members nearby.' Also, private complainant's lack of resistance and quietness cannot be used against private complainant. Victims' 'failure... to shout for help or escape during the incidents does not undermine their credibility' and it is 'not... fatal to the prosecution's case.' In the same vein, private complainant cannot be discredited by the mere fact that he allowed himself to be alone again with petitioner after the first incident's occurrence. It bears stressing that private complainant did try to have a classmate stay with him and not leave him alone with petitioner; it is not his fault that the classmate got called away by someone else. Besides, it would not matter if private complainant had not even made that effort; '[t]here is, after all, no standard of behavior that can be anticipated of a victim of sexual abuse during or after the incident[.]' This is all the more true for young victims like private complainant, who was only 15 years old when petitioner molested him."
Applying the above-quoted decision to your situation, your son's credibility will not be affected merely because the classroom, where the incident occurred, is crowded. Neither will his lack of resistance or failure to cry for help. Crimes like sexual abuse may happen even in school premises or even in the presence of students nearby, and there is no standard reaction expected from a victim. Thus, the circumstances mentioned by Mr. Y, on their own, will not negate his criminal liability for his acts as long as you can prove all the elements of the crime.
We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
We appreciate your trust and support.
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Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to [email protected].