Elamparo v. People

SECOND DIVISION

[G.R. No. 241125. January 23, 2019.]

KREDO ELAMPARO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated 23 January 2019 which reads as follows:

"G.R. No. 241125 — Kredo Elamparo v. People of the Philippines

Before us is a petition for certiorari under Rule 45 of the Rules of Court, assailing the Decision 1 dated March 15, 2018 and the Resolution 2 dated July 19, 2018 of the Court of Appeals (CA) in CA-GR. CR No. 39301, finding Kredo Elamparo (petitioner) guilty beyond reasonable doubt of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of Republic Act (R.A.) No. 7610, and sexual assault in relation to Section 5 (b) of R.A. No. 7610.

After a perusal of the records of the case, the Court resolves to DENY the petition for failure of the petitioner to sufficiently show any reversible error in the assailed CA Decision.

The Court, however, finds it proper to modify the penalty imposed in accordance with the applicable law and prevailing jurisprudence on the matter.

Under Section 5 (b) 3 of R.A. No. 7610, since the victim of lascivious conduct in this case, AAA, 4 is below 12 years old, the imposable penalty is reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, and considering the absence of mitigating or aggravating circumstances in this case, the minimum term shall be taken from the penalty next lower to reclusion temporal medium, which is reclusion temporal minimum, which ranges from twelve (12) years and one (1) day to fourteen (14) years and eight (8) months. The maximum term shall be taken from the medium period of the imposable penalty, which ranges from fifteen (15) years, six (6) months, and twenty-one (21) days to sixteen (16) years, five (5) months, and nine (9) days.

Likewise, the penalty for sexual assault when the victim is below 12 years old under Section 5 (b) of R.A. No. 7610 is reclusion temporal in its medium period. 5

Accordingly, the prison term for the conviction of acts of lasciviousness is modified to twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum, to fifteen (15) years, six (6) months, and twenty-one (21) days of reclusion temporal in its medium period, as maximum.

Also, the prison term for the conviction of sexual assault is modified to twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum, to fifteen (15) years, six (6) months, and twenty-one (21) days of reclusion temporal in its medium period, as maximum.

Further, the pecuniary liability awarded should be modified pursuant to prevailing jurisprudence. For the acts of lasciviousness, petitioner shall be ordered to pay AAA moral damages, exemplary damages, and fine in the amount of P15,000.00 each and civil indemnity in the amount of P20,000.00. 6 For the sexual assault under Section 5 (b) of R.A. No. 7610, petitioner shall also pay AAA moral damages, exemplary damages, and fine in the amount of P15,000.00 each and civil indemnity in the amount of P20,000.00. In addition, an interest shall be imposed on all damages awarded at the rate of 6% per annum from the finality of this resolution until fully paid. 7

WHEREFORE, premises considered, the March 15, 2018 Decision and the July 19, 2018 Resolution of the Court of Appeals in CA-G.R. CR No. 39301 are AFFIRMED with MODIFICATION. Petitioner Kredo Elamparo is hereby found guilty beyond reasonable doubt of the following:

1. Acts of Lasciviouness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610 and is thereby sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum, to fifteen (15) years, six (6) months, and twenty-one (21) days of reclusion temporal in its medium period, as maximum, and is ordered to pay AAA moral damages, exemplary damages, and fine in the amount of P15,000.00 each and civil indemnity in the amount of P20,000.00; and

2. Sexual Assault or Lascivious Conduct under Section 5 (b) of Republic Act No. 7610 and is thereby sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum, to fifteen (15) years, six (6) months, and twenty-one (21) days of reclusion temporal in its medium period, as maximum, and is ordered to pay AAA moral damages, exemplary damages, and fine in the amount of P15,000.00 each and civil indemnity in the amount of P20,000.00.

The amounts of damages awarded shall have an interest of 6% per annum from the date of finality of this resolution until fully paid.

SO ORDERED."

Very truly yours,

(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court

 

Footnotes

1. Penned by Associate Justice Germano Francisco D. Legaspi, with Associate Justices Ramon R. Garcia and Myra V. Garcia-Fernandez, concurring; rollo, pp. 31-40.

2.Id. at 42-43.

3. SEC. 5 (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. x x x

4. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family or household members shall not be disclosed to protect her privacy and fictitious initials shall instead be used in accordance with People v. Cabalquinto, 533 Phil. 703 (2006) and A.M. No. 04-11-09 SC dated September 19, 2006.

5.People v. Bagsic, G.R. No. 218404, December 13, 2017.

6.Quimvel v. People, G.R. No. 214497, April 18, 2017, 823 SCRA 192, 252; Fianza v. People, G.R. No. 218592, August 2, 2017, 834 SCRA 254, 274.

7. See Bangko Sentral ng Pilipinas Circular No. 799, Series of 2013, effective July 1, 2013, in Nacar v. Gallery Frames, 716 Phil. 267, 279-280 (2013).