The Supreme Court has denied with finality the Motion for Reconsideration of petitioner Jamel Bandas y Cavite, affirming with modification its November 25, 2024 Resolution. The Court found him guilty beyond reasonable doubt of statutory acts of lasciviousness under Article 336 of the Revised Penal Code, modifying the crime from the earlier violation of Section 5(b) of Republic Act No. 7610.
The Case
Bandas sought reversal of the guilty verdict against him. He argued that the prosecution failed to prove all the elements of violation of Section 5(b) of Republic Act No. 7610. According to him, "the alleged touching was merely accidental as it reeks impossibility for the petitioner to have intentionally committed it[.]" Viewed as a purely accidental act, he claimed the prosecution failed to prove that the act debased and demeaned the intrinsic worth and dignity of the child as a human being, since it failed to adduce proof of abuse of moral ascendancy, or employment of coercion or intimidation against the victim, AAA272503.
The respondent People of the Philippines, represented by the Office of the Solicitor General (OSG), maintained that Bandas's plea for reconsideration should be denied as the issues raised merely reiterated those previously presented in his petition, which the Court had already thoroughly considered and resolved.
The victim, AAA272503, was 10 years old at the time of the incident. She positively identified Bandas as her molester and testified that he repeatedly fondled her breast when they visited her ninongs.
The Issue
The Court considered whether there was compelling reason to reverse the judgment of conviction against Bandas, and, in light of a subsequent ruling, whether his criminal liability should be modified.
The Ruling
The Court held that there was no compelling reason to reverse the judgment of conviction. It found that the arguments Bandas advanced were a repetition of matters already squarely addressed and judiciously resolved in the assailed Resolution. The Court ruled that the prosecution duly proved all the elements of the crime, and that the repeated nature of the act belied his claim that the touching was accidental.
In its final disposition, the Court declared: the Motion for Reconsideration is DENIED with FINALITY. The November 25, 2024 Resolution of the Court is AFFIRMED with MODIFICATION in that petitioner Jamel Bandas y Cavite is found GUILTY beyond reasonable doubt of statutory acts of lasciviousness under Article 336 of the Revised Penal Code.
Bandas was sentenced to suffer the indeterminate penalty of six months of arresto mayor, as minimum, to four years and two months of prisión correccional, as maximum. He was further ordered to pay the victim, AAA272503, PHP 100,000.00 as civil indemnity, PHP 100,000.00 as moral damages, and PHP 100,000.00 as exemplary damages. All monetary awards shall earn a 6% interest per annum from the date of finality of the Resolution until full payment. No further pleadings or motions shall be entertained, and entry of judgment was ordered issued immediately.
By the Numbers
- G.R. No. 272503
- Victim's age at the time of the incident: 10 years old
- Prior Resolution affirmed: November 25, 2024
- Penalty: six months of arresto mayor (minimum) to four years and two months of prisión correccional (maximum)
- Civil indemnity: PHP 100,000.00
- Moral damages: PHP 100,000.00
- Exemplary damages: PHP 100,000.00
- Interest: 6% per annum from finality until full payment
The Court's Reasoning
The Court found that Bandas employed intimidation as would annul or subdue the free exercise of AAA272503's will. Citing Dela Cruz v. People, the Court noted that intimidation need not necessarily be irresistible; it is sufficient that some compulsion equivalent to intimidation annuls or subdues the free exercise of the will of the offended party, especially in the case of young, innocent, and immature girls.
During the pendency of the case, the Court promulgated its ruling in Gramatica v. People. Under Article 8 of the Civil Code, judicial decisions applying or interpreting the law form part of the legal system of the land, and penal laws favorable to the accused are accorded retroactive application. The Court applied the Gramatica doctrine and guidelines retroactively, the ruling being favorable to Bandas, who is not shown to be a habitual criminal.
Under the Gramatica guidelines, any lascivious conduct committed against a child below 12 years old through force, threat, or intimidation is statutory acts of lasciviousness under Article 336 of the Revised Penal Code. Since Bandas committed lascivious conduct against a 10-year-old girl through intimidation, he should be held criminally liable for statutory acts of lasciviousness. The Court set the penalty accordingly and, pursuant to Gramatica, increased the damage awards to PHP 100,000.00 each, in view of the offender's close familial relationship with the victim and the disparity between the penalty under the Revised Penal Code and the heavier penalty under Republic Act No. 7610.
Source: Supreme Court Resolution, G.R. No. 272503.
This report summarizes a public Supreme Court decision and is not legal advice.