FIRST DIVISION
[G.R. No. 241452. March 25, 2019.]
GENNY FRANCISCO y MARARAC, 1petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 25, 2019which reads as follows:
"G.R. No. 241452 (Genny Francisco y Mararac v. People of the Philippines)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its March 27, 2018 Decision 2 and August 13, 2018 Resolution, 3 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, all the elements of sexual abuse under Section 5 (b) 4 of R.A. No. 7610 are present, viz.: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 12 years of age.
Moreover, the victim's testimony was credible. At a young age, she would not expose herself to the rigors of testifying on a traumatic experience that could haunt her the rest of her life if she was not speaking of the truth. The Court agrees with the CA that the revelation of an innocent child whose chastity was abused deserves full credit. HTcADC
The Court, however, deems it proper to make necessary modifications of the CA decision, following the recent case of People v. Tulagan. 5 The proper nomenclature of the offense committed by petitioner is Acts of Lasciviousness under Article 336 6 of the Revised Penal Code in relation to Sec. 5 (b) of R.A. No. 7610. Likewise, the award of damages should be modified as follows: 1) civil indemnity of P50,000.00; 2) moral damages of P50,000.00; and 3) exemplary damages of P50,000.00. 7
WHEREFORE, the petition is DENIED. The March 27, 2018 Decision and August 13, 2018 Resolution of the Court of Appeals in CA-G.R. CR No. 39636 are AFFIRMED with MODIFICATION. Genny Francisco y Mararac is found GUILTY beyond reasonable doubt of the offense of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of R.A. No. 7610 and is sentenced to an indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal as maximum. He is ORDERED to pay the victim the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, with interest at the rate of six percent (6%) per annum from the date of finality of the decision until fully paid. CAIHTE
SO ORDERED."Jardeleza, J., on official business.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, p. 3, referred to as Genny Francisco y "Mararang."
2.Id. at 27-35; penned by Associate Justice Stephen C. Cruz, with Associate Justices Romeo F. Barza and Carmelita Salandanan Manahan, concurring.
3.Id. at 37-38.
4.Section 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
xxx xxx xxx
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject 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.
5. G.R. No. 227363, March 12, 2019.
6. Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.
7.Supra note 5.