Balisong, Jr. y Barbolino v. People

FIRST DIVISION

[G.R. No. 255554. July 14, 2021.]

DOMINGO BALISONG, JR. y BARBOLINO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedJuly 14, 2021which reads as follows: HTcADC

"G.R. No. 255554 (Domingo Balisong, Jr. y Barbolino, Petitioner, v.People of the Philippines, Respondent.) — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.

After a judicious review of the case, the Court resolves to DENY the instant Petition 1 and AFFIRM with MODIFICATION the Decision 2 dated 04 September 2020 and Resolution 3 dated 21 January 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 43558 for failure of petitioner Domingo Balisong, Jr. y Barbolino (Balisong) to sufficiently show that the CA committed any reversible error in finding him criminally liable.

As correctly ruled by the CA, the prosecution was able to prove Balisong's criminal liability beyond reasonable doubt as it was able to establish that he fondled the breasts, touched the vagina, and committed other lascivious acts against AAA, 4 who was then just a 14-year-old minor girl, against the latter's will, by means of coercion or influence. The elements of said crime was properly recited in the Information. Also contrary to Balisong's assertion, AAA's testimony sufficiently proved resistance on her part, negating accused's intimation that his advances were received with consent. 5

However, while the prison term imposed by the trial court, as well as the imposition of fine are correct, there is a need to modify the nomenclature of the crime committed against AAA and the damages to be awarded to AAA in accordance with the guidelines set in People v. Tulagan. 6 The proper denomination of Balisong's crime is Lascivious Conduct under Section 5 (b), Article III of Republic Act No. (RA) 7610. 7 Also, the Court adjusts the award of damages due to AAA as follows: Php50,000.00 as civil indemnity, Php50,000.00 as moral damages, and Php50,000.00 as exemplary damages. A fine in the amount Php15,000.00 pursuant to Section 31 (a) and (f), Article XII of RA 7610 is likewise imposed. All monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.

WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated 04 September 2020 and Resolution dated 21 January 2021 of the Court of Appeals (CA) in CA-G.R. CR No. 43558 and AFFIRMS with MODIFICATION said Decision finding petitioner Domingo Balisong, Jr. y Barbolino GUILTY beyond reasonable doubt of the crime of Lascivious Conduct under Section 5 (b), Article III of Republic Act No. 7610. 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, and to pay a FINE in the amount of Php15,000.00. Finally, he is also ordered to pay AAA the amounts of Php50,000.00 as civil indemnity, Php50,000.00 as moral damages, and Php50,000.00 as exemplary damages, with legal interest of six percent (6%) per annum imposed on all monetary awards from the date of finality of this Resolution until full payment.

SO ORDERED."

By authority of the Court:

(SGD.) LIBRADA C. BUENADivision Clerk of Court

By:

MARIA TERESA B. SIBULODeputy Division Clerk of Court

 

Footnotes

1.Rollo, pp. 10-28.

2.Id. at 34-59; Penned by Associate Justice Franchito N. Diamante and concurred in by Associate Justices Germano Francisco D. Legaspi and Walter S. Ong of the Twelfth (12th) Division, Court of Appeals, Manila.

3.Id. at 61-62.

4. The identity of the private complainant/victim withheld and other material information are kept confidential pursuant to the provisions of Republic Act No. 9262 and Republic Act No. 7610, as applied in the case of People v. Cabalquinto, 533 Phil. 703 (2006), G.R. No. 167693, 19 September 2006 [Per J. Tinga].

5.Id. at 54-57.

6. G.R. No. 227363, 12 March 2019 [Per J. Peralta].

7. Entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on 17 June 1992.