SECOND DIVISION
[G.R. No. 244118. January 27, 2020.]
SATURNINO DE JESUS y CAPINPIN, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated27 January 2020which reads as follows:
"G.R. No. 244118 (Saturnino De Jesus y Capinpin v. People of the Philippines). — The Court NOTES the compliance dated January 14, 2020 by counsel for petitioner Saturnino De Jesus y Capinpin (petitioner) with the show cause Resolution dated October 1, 2019, stating that the soft copy of the motion for extension to file petition was sent via e-mail on the same day the said motion was filed, however, the verified declaration was not attached thereto due to oversight, and submitting the attached duplicate original copy of the entry of appearance and the aforesaid motion for extension. aScITE
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the August 31, 2018 Decision 2 and the January 21, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 37195 for failure of petitioner to sufficiently show that the CA committed any reversible error in finding him guilty beyond reasonable doubt of 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, and to pay AAA 5 the following amounts: (a) P50,000.00 as civil indemnity; (b) P50,000.00 as moral damages; and (c) P50,000.00 as exemplary damages. 6 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 should be held criminally liable for Lascivious Conduct under Section 5 (b) of RA 7160, since it was proven through the testimony and positive identification of AAA, who was then only fourteen (14) years old at the time the crime was committed, that the former sucked his penis and kissed his neck and nipples. 7 Settled is the rule that factual findings of the trial courts involving the credibility of witnesses, when affirmed by the CA, are accorded great weight and respect, and generally not reviewable by this Court, unless they fall within the recognized exceptions, 8 none of which obtain in this case. DETACa
SO ORDERED. (Reyes, A., Jr. and Hernando, JJ., on official leave.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-21.
2.Id. at 32-44. Penned by Associate Justice Myra V. Garcia-Fernandez with Associate Justices Apolinario D. Bruselas, Jr. and Ronaldo Roberto B. Martin, concurring.
3.Id. at 45.
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. The identity of the victim or any information which could establish or compromise his identity, as well as those of his immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; 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.
6. See People v. Tulagan, G.R. No. 227363, March 12, 2019.
7. See rollo, p. 40.
8.People v. Ramos, 715 Phil. 193, 208 (2013).