FIRST DIVISION
[G.R. No. 247479. September 18, 2019.]
CESAR ANTONIO y MONTORIO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 18, 2019which reads as follows:
"G.R. No. 247479 (Cesar Antonio y Montorio v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the December 17, 2018 Decision 2 and the May 21, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 41007 for failure of petitioner Cesar Antonio y Montorio (petitioner) to sufficiently show that the CA committed any reversible error in affirming his conviction for the crime of Lascivious Conduct, under Section 5 (b) of Republic Act No. (RA) 7610, 4 otherwise known as the "Special Protection of Children against Abuse, Exploitation and Discrimination Act." Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum. However, in light of prevailing jurisprudence, 5 petitioner is ordered to pay AAA 6 the following amounts: (a) P50,000.00 as civil indemnity; (b) P50,000.00 as moral damages; (c) P50,000.00 as exemplary damages; and (d) cost of suit. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
As correctly ruled by the CA, petitioner's bare denial and assertions cannot prevail over the clear, positive, and categorical testimony of the victim herself. 7 Settled is the rule that factual findings of trial courts, especially when affirmed by the appellate courts and supported by sufficient evidence, deserve respect and finality by this Courts. 8 Although there are exceptions to this rule, 9 none of which obtain in this case.
SO ORDERED."(Bersamin, CJ. and Gesmundo, J., on official leave.)
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 12-22.
2.Id. at 28-39. Penned by Associate Justice Pedro B. Corales with Associate Justices Stephen C. Cruz and Geraldine C. Fiel-Macaraig, concurring.
3.Id. at 41-42.
4. Entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES," approved on June 17, 1992.
5. See People v. Tulagan, G.R. No. 227363, March 12, 2019, wherein the Court held that a single act of sexual abuse against a minor between the ages of 12 and 18 years is sufficient to fall within the purview of RA 7610; hence, the offender's conviction under the Section 5, paragraph (b), Article III of foregoing law is in order. Additionally, the Court ruled that the proper award of damages should be in the amount of P50,000.00 each for civil indemnity, moral damages, and exemplary damages.
6. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.) See further People v. Ejercito, G.R. No. 229861, July 2, 2018. To note, the unmodified CA Decision was not attached to the records to verify the real name of the victim.
7. See rollo, p. 36.
8. See Pacific Airways Corporation v. Tonda, 441 Phil. 156, 162 (2002).
9. See Spouses Aboitiz v. Spouses Po, G.R. Nos. 208450 and 208497, June 5, 2017, 825 SCRA 457, 499.