By Cherrie Anne E. Villahermosa
Variety News Staff

THE Supreme Court has affirmed the trial court’s conviction of a man charged with sexually abusing a minor in 2003.
Justices Pro Tempore Jesus C. Borja, Edward Manibusan and Timothy H. Bellas affirmed the conviction of John Reyes Castro, saying the uncorroborated testimony of the victim is sufficient to uphold the conviction.
Castro was found guilty of count one, sexual abuse of a minor in the first degree, and count two, sexual assault in the first degree, by a jury on March 7, 2005.
The defendant was also found guilty by Judge Ramona Manglona of two misdemeanors, assault and battery and disturbing the peace.
Castro, on Sept. 28, 2005, was sentenced to five years of imprisonment with credit for 20 days of time served without the possibility of parole.
Castro appealed his convictions to the Supreme Court, arguing that there was insufficient evidence of actual penetration to sustain his conviction because the victim’s testimony was coached and uncorroborated.
He claimed that the victim’s aunt coached her testimony.
He said the aunt disliked him and was lying, adding that the victim’s biological mother was forbidden from asking the victim what happened.
The Supreme Court said the issue of whether there was sufficient evidence to support defendant’s conviction was again reviewed.
The three justices Pro tempore said in their order on Wednesday that in reviewing the evidence, the court should not substitute its judgment for that of the jury.
“It is the exclusive function of the jury to determine the credibility of witnesses, resolve evidentiary conflicts and draw reasonable inference from proven facts,” the justices stated.
The high court said the defendant’s claim was made without a single citation to the record and claiming that the aunt lied was an assertion with no proof in the record.
The justices noted that a doctor testified that the victim told him the defendant touched her with his hand.
They said a child protective unit worker also testifed that the victim told her the defendant touched her private parts.
Castro maintains that the only evidence against him was the victim’s uncorroborated testimony.
But the Supreme Court, in affirming the conviction, said that the reviewing court must respect the exclusive province of the jury to determine the credibility of witnesses, resolve the evidentiary conflicts and draw reasonable inferences from proven facts by assuming that the jury resolved all such matters in a manner which supports the verdict.
“A jury’s credibility determinations are therefore entitled to a high level of deference,” the justices stated.
They said even assuming the defendant’s arguments that the victim’s testimony was uncorroborated, based solely on the victim’s testimony, “a rational trier of fact could still have found the sexual penetration element of sexual abuse of a minor beyond a reasonable doubt.”
The justices pro tempore said the uncorroborated testimony of the victim is sufficient to uphold the defendant’s conviction.
They added that “the credibility of the witness is within the province of the trier of fact.”
On March 29, 2003, the victim. who was five years old at that time, complained to her aunt that she was bleeding. Upon investigation, the victim disclosed that Castro touched her the night before.
Castro was 54 when convicted of the crimes.