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08 People v. Rizaldo Orsos - G.R. 214673

Petitioner Rizaldo Orsos, a teacher and CAT Commandant, was accused of acts of lasciviousness against AAA, a former student. On April 21, 2007, petitioner invited AAA to his home under the guise of initiating her into the CAT program. Once alone, petitioner kissed AAA without her consent and sucked on her breast for two minutes. He stopped only when AAA pleaded with him, saying she had her period. The Court of Appeals and Supreme Court affirmed petitioner's guilt, finding he used his position of authority to coerce AAA into the acts.

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144 views2 pages

08 People v. Rizaldo Orsos - G.R. 214673

Petitioner Rizaldo Orsos, a teacher and CAT Commandant, was accused of acts of lasciviousness against AAA, a former student. On April 21, 2007, petitioner invited AAA to his home under the guise of initiating her into the CAT program. Once alone, petitioner kissed AAA without her consent and sucked on her breast for two minutes. He stopped only when AAA pleaded with him, saying she had her period. The Court of Appeals and Supreme Court affirmed petitioner's guilt, finding he used his position of authority to coerce AAA into the acts.

Uploaded by

Denise
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People of the Philippines v.

Rizaldo Orsos
G.R. 214673
November 20, 2017
Facts:
At around 9:30 in the morning of April 21, 2007, while the CAT trainees, including AAA, were at the
Sohot Spring in Dumalag for a clean-up drive, petitioner called AAA and asked her if she had decided on
becoming a CAT officer, to which she answered yes. Petitioner then instructed her to go to his house at
1:00 in the afternoon of the same day for her supposed initiation. As she did not know where petitioner's
house was located, she went back to the school at around 12:30 in the afternoon instead and waited for
him to arrive. When petitioner saw AAA, he told her to follow him to his house and keep a little distance
between them.

Upon arrival thereat, petitioner instructed her to take a seat while he went to the bathroom for a few
minutes. AAA noticed that except for the two of them, no one else was in the house. Thereafter, he
emerged from the bathroom and asked her if she was really determined to become a CAT officer, to
which she replied yes. Petitioner then told her that he had a crush on her, that he wanted her to become his
mistress, and that he will give her all her needs. Then, he pulled her to his lap and asked her to kiss him.
Thinking it was part of the initiation rites, AAA kissed his right cheek. Thereafter, petitioner asked her to
sit on the sofa and proceeded to kiss her on the lips, leading her to cry. Petitioner then instructed her to lie
down on the sofa, lifted her shirt and underwear, and sucked her right breast for about two minutes. AAA
was frightened and could not complain. Petitioner was about to unzip her pants when she pleaded for him
not to do so as she had her menstrual period then. At this point, petitioner stood up and went back to the
bathroom. When he re-emerged, he told her to stop crying and not to report the incident if she truly
wanted to become a CAT officer. Although AAA told her friend about the incident, she decided not to tell
her family. Instead, she told her parents that she wanted to rest, quit school, and spend some time with her
sisters in Manila. After a year in Manila, she went back to Dumalag, Capiz and enrolled in fourth year
high school.

Sometime in July 2008, several female CAT officers in DCNHS revealed that petitioner had molested
them and filed cases against him in court. Prompted by her mother's inquiry if petitioner had also
molested her, AAA finally disclosed the details of the incident to her and the reason why she did not do
so sooner.

Issue:
1. Is the accused guilty of acts of lasciviousness as affirmed by the Court of Appeals?

Ruling:
1. Yes. In this case, it has been established that petitioner, who was AAA's teacher and then the
CAT Commandant in her school, was able to carry out his lewd acts by asking her twice if she
was determined to become a CAT officer. Petitioner's inquiry strongly suggested that if AAA
really wanted to become a CAT officer, she should accede to his demands and allow him to
commit lascivious conduct upon her person. Therefore, petitioner exercised influence and
coercion upon AAA in order to commit the crime against her, thereby satisfying the element of
force and intimidation in this case. Besides, although petitioner was not armed nor did he threaten
AAA, his moral ascendancy over her is a sufficient substitute for the use of force or intimidation,
as pointed out by the CA.

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 force, threat, or intimidation; (b) when the
offended party is deprived of reason or otherwise unconscious; (c) by means of fraudulent
machination or grave abuse of authority; and (d) when the offended party is under twelve (12)
years of age or is demented, even though none of the circumstances mentioned above be present;
and (3) that the offended party is another person of either sex.

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