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    G.R. No. 206627 Van Clifford Torres Y Salera, Petitioner People of The Philippines, Respondent Decision Leonen, J.

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    Marra Ricalde
    Van Clifford Torres was convicted of child abuse for slapping and whipping a 14-year-old boy. He appealed, arguing the prosecution failed to prove the elements of child abuse and his guilt beyond a reasonable doubt. The Court of Appeals affirmed his conviction but modified the penalty. Torres then filed a petition for review with the Supreme Court. He argues the lower courts misapprehended facts and disregarded material facts that could have led to a different conclusion. The Supreme Court will determine if the Court of Appeals erred in sustaining the conviction and affirming it despite questions about proving guilt beyond a reasonable doubt.

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    G.R. No. 206627 Van Clifford Torres Y Salera, Petitioner People of The Philippines, Respondent Decision Leonen, J.

    Uploaded by

    Marra Ricalde
    59 views3 pages
    Van Clifford Torres was convicted of child abuse for slapping and whipping a 14-year-old boy. He appealed, arguing the prosecution failed to prove the elements of child abuse and his guilt beyond a reasonable doubt. The Court of Appeals affirmed his conviction but modified the penalty. Torres then filed a petition for review with the Supreme Court. He argues the lower courts misapprehended facts and disregarded material facts that could have led to a different conclusion. The Supreme Court will determine if the Court of Appeals erred in sustaining the conviction and affirming it despite questions about proving guilt beyond a reasonable doubt.

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    Van Clifford Torres was convicted of child abuse for slapping and whipping a 14-year-old boy. He appealed, arguing the prosecution failed to prove the elements of child abuse and his guilt beyond a reasonable doubt. The Court of Appeals affirmed his conviction but modified the penalty. Torres then filed a petition for review with the Supreme Court. He argues the lower courts misapprehended facts and disregarded material facts that could have led to a different conclusion. The Supreme Court will determine if the Court of Appeals erred in sustaining the conviction and affirming it despite questions about proving guilt beyond a reasonable doubt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    59 views3 pages

    G.R. No. 206627 Van Clifford Torres Y Salera, Petitioner People of The Philippines, Respondent Decision Leonen, J.

    Uploaded by

    Marra Ricalde
    Van Clifford Torres was convicted of child abuse for slapping and whipping a 14-year-old boy. He appealed, arguing the prosecution failed to prove the elements of child abuse and his guilt beyond a reasonable doubt. The Court of Appeals affirmed his conviction but modified the penalty. Torres then filed a petition for review with the Supreme Court. He argues the lower courts misapprehended facts and disregarded material facts that could have led to a different conclusion. The Supreme Court will determine if the Court of Appeals erred in sustaining the conviction and affirming it despite questions about proving guilt beyond a reasonable doubt.

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    G.R. No.

    206627

    VAN CLIFFORD TORRES y SALERA, Petitioner


    vs.
    PEOPLE OF THE PHILIPPINES, Respondent

    DECISION

    LEONEN, J.:

    Through this Petition for Review on Certiorari,   petitioner Van Clifford Torres y Salera (Torres)
    1

    challenges the Court of Appeals Decision  dated August 11, 2011 and Resolution  dated February
    2 3

    22, 2013 in CA-G.R. CEB-CR No. 00481. The assailed judgments affirmed the Regional Trial Court
    Decision dated June 5, 2006, which convicted Torres for violation of

    Section 10(a) of Republic Act No. 7610. 4

    In an Information dated June 9, 2004 filed before Branch 1 of the Regional Trial Court of Tagbilaran
    City, Bohol, Torres was charged with other acts of child abuse under Section 10(a) of Republic Act
    No. 7610: 5

    That on or about the 11th day of November, 2003, in the municipality of Clarin, province of Bohol,
    Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent
    to harm and humiliate, did then and there, willfully, unlawfully and feloniously abuse, slap and whip
    AAA, a 14 year old minor (born on June 5, 1989) with a T-shirt hitting his neck and shoulder and
    causing him to fall down on the stairs of the barangay hall which acts are humiliating and prejudicial
    to the development of the victim and are covered by Article 59 of Pres. Decree 603, as amended; to
    the damage and prejudice of the said victim in the amount to be proved during trial.  6

    Upon arraignment, Torres pleaded not guilty.   Trial on the merits ensued.
    7 8

    The prosecution presented the victim AAA, AAA's aunt and uncle, Dr. Vicente Manalo Jr., and
    Barangay Captain Hermilando Miano as witnesses to testify on the alleged incident.  The 9

    prosecution established the following facts during trial:

    CCC, AAA's uncle, previously filed a complaint for malicious mischief against Torres, who allegedly
    caused damage to CCC's multicab.   AAA witnessed the alleged incident and was brought by CCC
    10

    to testify during the barangay conciliation.  11

    On November 3, 2003, CCC and AAA were at the barangay hall of Clarin, Bohol waiting for the
    conciliation proceedings to begin when they chanced upon Torres who had just arrived from
    fishing.   CCC's wife, who was also with them at the barangay hall, persuaded Torres to attend the
    12

    conciliation proceedings to answer for his liability.   Torres vehemently denied damaging CCC's
    13

    multicab.   In the middle of the brewing argument, AAA suddenly interjected that Torres damaged
    14

    CCC's multicab and accused him of stealing CCC's fish nets.  15

    Torres told AAA not to pry in the affairs of adults. He warned AAA that he would whip him if he did
    not stop.   However, AAA refused to keep silent and continued to accuse Torres of damaging his
    16

    uncle's multicab. Infuriated with AAA's meddling, Torres whipped AAA on the neck using a wet t-
    shirt.   Torres continued to hit AAA causing the latter to fall down from the stairs.   CCC came to his
    17 18
    nephew's defense and punched Torres. They engaged in a fistfight until they were separated by
    Barangay Captain Hermilando Miano.   Torres hit AAA with a wet t-shirt three (3) times.
    19 20

    Based on the physical examination conducted by Dr. Vicente Manalo, Jr., AAA sustained a
    contusion.21

    After the prosecution rested its case, the defense presented the following version of the incident:

    Torres testified that he had just arrived tired from fishing when CCC badgered him to answer for the
    damage he had allegedly caused to CCC's multicab. AAA abruptly interrupted the heated discussion
    between the two men.   Angered by what AAA had done, Torres told AAA to stop making unfounded
    22

    accusations or he would be forced to whip him. AAA called Torres' bluff, which further provoked
    Torres. Torres attempted to hit AAA but was thwarted by the timely intervention of CCC, who
    suddenly attacked him. 23

    Torres claimed that CCC filed this case to preempt him from filing a complaint for physical injuries
    against CCC.   He also claimed that he tried to settle the matter with CCC and CCC's
    24

    wife.  However, the parties failed to reach an agreement due to the unreasonable demands of the
    25

    spouses. 26

    On June 5, 2006, the Regional Trial Court convicted Torres, thus:

    WHEREFORE, premises considered, this Court finds VAN CLIFFORD TORRES y Salera, the
    accused[,] GUILTY beyond reasonable doubt of Other Acts of Child Abuse under Section 10,
    paragraph A of Republic Act No. 7610 and applying in his favor the beneficial provisions of The
    Indeterminate Sentence Law, he is hereby imposed the indeterminate sentence of imprisonment of
    SIX (6) YEARS, the maximum period of prision correccional as minimum to EIGHT (8) YEARS of
    prision mayor as maximum, the accessory penalties provided by law and to pay the costs. Van
    Clifford Torres y Salera is also imposed a penalty of FINE of FIVE THOUSAND PESOS (PS,000)
    pursuant to Section 31, Letter f, RA 7610. The Court credits Van Clifford Torres y Salera his
    preventive imprisonment in the service of his penalty pursuant to Art. 29 [of] the Revised Penal Code
    as Amended.

    SO ORDERED. 27

    Torres appealed before the Court of Appeals.   He argued that the prosecution failed to establish all
    28

    the elements of child abuse and that his guilt was not proven beyond reasonable doubt.  He also
    29

    questioned the lower court's jurisdiction over the case.


    30

    In its Decision  dated August 11, 2011, the Court of Appeals affirmed the Regional Trial Court
    31

    Decision, albeit with modification as to the penalty:

    WHEREFORE, in view of the foregoing premises, the instant appeal is hereby DENIED. The
    Decision dated 5 June 2006 promulgated by the Regional Trial Court of Bohol, Branch 1 in
    Tagbilaran City in Crim. Case No. 12338 is AFFIRMED with MODIFICATION that the
    accusedappellant is sentenced to five (5) years, four (4) months and twenty-one (21) days of prision
    correccional as minimum, to six (6) years, eight (8) months and one (1) day of prision mayor as
    maximum.

    SO ORDERED.  (Emphasis in the original)


    32
    Torres moved for reconsideration, but the Motion was denied in the Court of Appeals
    Resolution  dated February 22, 2013.
    33
    1âwphi1

    Aggrieved, Torres filed before this Court this Petition for Review on Certiorari.
    34

    On October 7, 2013, respondent People of the Philippines, through the Office of the Solicitor
    General, filed a Comment,   to which petitioner filed a Reply  on February 7, 2014.
    35 36

    Petitioner raises the following issues for this Court's resolution: (1) whether the Court of Appeals
    erred in sustaining his conviction on a judgment premised on a misapprehension of facts; and (2)
    whether the Court of Appeals erred in affirming his conviction despite the failure of the prosecution to
    prove his guilt beyond reasonable doubt. 37

    Petitioner invites this Court to review the factual findings on the ground that the judgment was
    rendered based on a misapprehension of facts. He argues that both the Regional Trial Court and the
    Court of Appeals disregarded certain material facts, which, if properly considered, would have
    justified a different conclusion.  In particular, petitioner challenges the credibility of the prosecutio
    38

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