Escalante v. People

Facts:

On Dec 24, 2006, AAA, then 12yo, accompanied his classmate Mark in going home. On his way back from Mark's house, AAA was called by Escalante and was pulled into a comfort room at the Divine School in Parada, Valenzuela City. Escalante pulled down AAA's shorts and sucked the latter's penis for about 10 minutes. Shortly thereafter, he forcibly inserted AAA's penis into his anus.

4 days after the incident, AAA complained to his mother that he was experiencing pain in his penis and had difficulty in urinating. He was brought to Fatima Medical Center and was found that he was afflicted with gonorrhea and UTI.

Escalante’s alibi was that he was in Salada’s house, his neighbor, celebrating Christmas Eve. It was impossible for him to be at school for he was tasked in passing around shots of liquor.

RTC found Escalante guilty of Sec 10(a) of RA 7610. CA affirmed the decision of RTC. Escalante moved for reconsideration but it was denied by CA.

Issue:

Whether or not the CA erred in affirming the decision of RTC

Held:

No. Escalante was sufficiently and appropriately identified by AAA through a photograph. The first rule in proper photographic identification procedure is that a series of photographs must be shown, and not merely of that of the suspect. The second rule directs that when a witness is shown a group of pictures, their arrangement and display should in no way suggest which one of the pictures pertains to the suspect.

In People v. Ramos, for an alibi to prosper, the accused must prove (a) that she was present at another place at the time of the perpetration of the crime, and (b) that it was physically impossible for her to be at the scene of the crime during its commission. Escalante admitted that Salada's house was merely a 30-minute ride away from the scene of the crime. It was very possible for him to be at the place at that time. Further, AAA positively identified Escalante. Alibis and denials are worthless in light of positive identification by witnesses who have no motive to falsely testify.

In People v. Larin, the Court stated that the elements of sexual abuse under Section 5(b) of R.A. No. 7610 are as follows: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age. First, in forcibly sucking AAA's penis and thereafter inserting it in his anus, Escalante, without question exposed AAA to lascivious conduct. Second, AAA is a child subjected to other sexual abuse. AAA was only 12yo while Escalante was 20yo at the time of the commission of the crime.