SECOND DIVISION
[G.R. No. 235286. February 5, 2018.]
ANTHONY MANABAT y LEE, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 February 2018which reads as follows:
"G.R. No. 235286 (Anthony Manabat y Lee v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM with MODIFICATION the June 23, 2017 Decision 1 and October 18, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 38803 finding petitioner Anthony Manabat y Lee (petitioner) GUILTY beyond reasonable doubt of the crime of Acts of Lasciviousness, as defined and penalized under Article 336 of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. (RA) 7610, 3 otherwise known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," instead of Rape by Sexual Assault. Accordingly, he is sentenced to suffer the penalty of imprisonment for the indeterminate period of twelve (12) years, ten (10) months, and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months, and twenty (20) days of reclusion temporal, as maximum, and to pay a fine in the amount of P15,000.00. Further, he is ordered to pay the minor victim AAA, 4 the amounts of P20,000.00 as civil indemnity, P15,000.00 as moral damages, and P15,000.00 as exemplary damages, with legal interest of 6% per annum from the date of finality of this Resolution until full payment. 5
As correctly ruled by the CA, petitioner should be held criminally liable since it was proven through the testimony and positive identification of AAA, who was only five (5) years old at the time the crime was committed, that petitioner inserted his finger into her private part. It is settled that factual findings of the trial court 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, 6 none of which are obtaining in this case. However, petitioner should be held criminally liable for the crime of "Acts of Lasciviousness under Article 336 of the Revised Penal Code, in relation to Section 5 (b) of RA 7610," and not Rape by Sexual Assault as ruled by the CA, pursuant to prevailing jurisprudence wherein the Court held that in instances where the lascivious conduct is covered by the definition under RA 7610 and the act is likewise covered by sexual assault under Article 266-A, and which elements of the said crimes have been proven, the offender should be liable for violation of Section 5 (b), Article II of RA 7610, where the law provides for the higher penalty of reclusion temporal in its medium period, if the offended party is a child victim, 7 as in this case.
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 31-44. Penned by Associate Justice Romeo F. Barza (now Presiding Justice of the CA) with Associate Justices Socorro B. Inting and Pedro B. Corales concurring.
2.Id. at 46-48.
3. 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.
4. 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, 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 THEREFORE, 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]).
5. See People v. Villacampa, G.R. No. 216057, January 8, 2018, citing People v. Udtohan, G.R. No. 228887, August 2, 2017 and People v. Aycardo, G.R. No. 218114, June 5, 2017, which states that, the civil liabilities awarded for acts of lasciviousness are in the following amounts: P20,000.00 as civil indemnity, P15,000.00 as moral damages, P15,000.00 as exemplary damages, and fine in the amount of P15,000.00, in accordance with Section 31 (f), Article XII of RA 7610.
6.People v. Ramos, 715 Phil. 193, 207-208 (2013).
7.Dimakuta v. People, 771 Phil. 641, 669-670 (2015). See also People v. Villacampa, G.R. No. 216057, January 8, 2018, citing People v. Caoili, G.R. Nos. 196345 and 196848, August 8, 2017, wherein the Court ruled that:
Accordingly, for the guidance of public prosecutors and the courts, the Court takes this opportunity to prescribe the following guidelines in designating or charging the proper offense in case lascivious conduct is committed under Section 5 (b) of R.A. No. 7610, and in determining the imposable penalty:
1. The age of the victim is taken into consideration in designating or charging the offense, and in determining the imposable penalty.
2. If the victim is under twelve (12) years of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of R.A. No. 7610." Pursuant to the second proviso in Section 5 (b) of R.A. No. 7610, the imposable penalty is reclusion temporal in its medium period.
xxx xxx xxx (Emphasis and underscoring supplied)