Amployo v People, April 26, 2005
G.R. No. 157718
Topic: Accident without Fault or Intention of Causing It
Facts:
Petitioner, Alvin Amployo, was charged with forcefully and by means of intimidation and threats
committed lascivious acts on Kristine Joy Mosquera, 8y.o, molesting her against her will and
consent.
It later transpired that the petitioner had committed the same acts on previous occasions but the
victim only reported the last incident to her grandmother.
Amployo was found guilty beyond reasonable doubt of the crime child abuse by the RTC and
CA, modifying the penalty imposed.
Issue:
WON Amployo, petitioner-accused, is exempt from criminal liability.
Ruling:
No, Amployo is not exempt from criminal liability.
Under Article 12 Par 4 of the Revised Penal Code:
Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it, is exempt from criminal liability.
To be exempt from criminal liability under this provision,
a person is performing a lawful act
with due care
He causes an injury by mere accident
Without fault or intention of causing it
In the case at bar, the act done by Amployo is an unlawful act. Although he contended that his
hand merely slipped and accidentally touched Kristine Joy’s breast, the court could not entertain
the possibility that what happened was merely an accident because it did not only happen once.
Moreover, the incident could never be labeled as accidental as petitioner's hand did not just slip
from Kristine Joy's shoulder to her breast as there were times when he would touch her breast
from under her shirt. Finally, the theory that what happened was accidental is belied by petitioner
having threatened Kristine Joy to keep silent and not tell on him.
WHEREFORE, premises considered, the Resolution of the Court of Appeals modifying the
Decision of the Regional Trial Court of Olongapo City, Branch 72, finding accused-
petitioner ALVIN AMPLOYO y EBALADA alias "TIKBOY" guilty beyond reasonable doubt
of violation of Republic Act No. 7610, and sentencing him to suffer the penalty of twelve (12)
years and one (1) day of reclusion temporal, as minimum, to fifteen (15) years, six (6) months
and twenty (20) days of reclusion temporal, as maximum is AFFIRMED with the
MODIFICATION that petitioner is hereby ordered to pay a fine of Fifteen Thousand Pesos
(P15,000.00) and moral damages in the amount of Twenty Thousand Pesos (P20,000.00). No
costs.
